964 1862. EDMONDS V. S B CASES AT THE JUDGES' CHAMBERS. could not be issued until an assignment of the judgment should be executed by the judgment plaintiff; and that the agreement of January last, whereby particular security was to be given to Sir J. F., excluded the right to resort to this remedy. Aspland, in opposition to the summons, contended that Sir J. F., as co-surety, paying the whole debt, had a right to resort to all securities given by the co-surety for the recovery of the moiety so unpaid, and referred to Thompson v. Parish (a), as showing that the former taking in execution did not satisfy the judgment, or extinguish the debt. The decisions in Equity, before the late statute, had laid down that a surety or co-surety could not have the benefit of a judgment where it was satisfied by payment, and the statute was expressly passed to alter this. Payment, therefore, did not preclude this remedy, and it could not be said that Sir J. F. had let the defendant out of custody. That was involuntary and was the act of the law (b), and was also in point to show that this remedy existed. No previous assignment of the judgment was necessary, and there was what amounted to an assignment. CROMPTON, J., said, he had at first had a doubt, whether the judgment creditor could confer a greater right than he himself possessed, but this seemed to be met by the express terms of the section. The circumstances showed an equitable assignment of the judgment remedy to Sir J. F., and there was nothing in the assignment of January to exclude the resort to the remedy in question; and dismissed the summons. (a) 28 L. J., C. P. 153. (b) Batchellor v. Lawrence, 30 L. J., C. P. 39, and 9 C. B., N. S. 543. INDE X. ABDUCTION: taking girl out of streets. R. v. Green, 274. ABUSE OF PROCESS, order for delivery up of property obtained by. Leverson v. Schwabacher, 117. ACCEPTANCE, evidence of what is, under Statute of Frauds. Bowes v. Pontifex, 740; Cawthra v. Billiat, 850. (And see cases collected in notis.) ACCOUNT BOOKS, inspection of plaintiff's. ACCOUNTS, contract to render, pleading on. Fergusson v. Coombe, 87. Great Ship Co. v. Russell, 94. ACTION, right of, or liability to; liability of Secretary of State or public officer in the exercise of his functions. Dickson v. Combermere, 527; Irwin v. Grey, 635. (And see cases collected in notis.) ADDING PLEA after issue joined. Carrick v. Holderness, 99. defence arising since last pleading. Ibid. without giving up prior pleading. Ibid. ADJOURNMENT OF TRIAL, terms on which granted. Bremner v. Dando, 231. ADMISSIONS OF DEED, explanation of. Painter v. Abel, 518. ADVERSE POSSESSION of lands under the Statute of Limitations-possession not adverse to the owner. Allen v. England, 49. occupation on sufferance. Ibid. (And see Westbrook v. Kerrick, 59.) AGENT, employment of, to obtain loan, right of action on. Green v. Reed, 226; Thompson v. Clark, 181; Topping v. Healey, 325; Mason v. Clifton, 899. action against, by principal, for breach of duty; selling principal's goods. Lienard v. Dresslar, 212. dealing with principal's shares. Dantra v. Stiebel, 951. liability of, when "in charge" of a vessel. Holmes v. Clark, 336. authority of, to receive payment. Breming v. Mackie, 197; Curlewis v. Birkbeck, 895. liability of, for misrepresenting his authority. Hughes v. Grame, 885. AGREEMENT in writing, adding terms to, by oral evidence. Arbon v. Fussell, 152. evidence to apply it. Bruff v. Conybeare, 56. parol, afterwards reduced to writing; written proposal orally accepted. Laing v. Smith, 97. (And see note on subject, p. 98.) oral evidence as to extras. Franklin v. Darke, 65. inspection of. Edwards v. Bond, 100. construction of, as to computation of time. Turner v. Barlow, 948. AMENDMENT: order for compulsory; pleading "embarrassing," terms of traverse "is." Cottula v. Soames, 93. terms of allegation; fraudulently; ambiguity. Great Ship Co. v. Russell, 94. stating contract according to assumed legal effect. Taylor v. Smith, 91. VOL. III. 3 т F.F. AMENDMENT at Nisi Prius, "real question in controversy," what is to be considered ANIMALS, dangerous, or accustomed to injure mankind; action against owner for APPARENT EASEMENT, evidence and law as to. Spanton v. Hinves, 52. APPEAL from rule for new trial; special case; settling; delay. Hunt v. Allgood, 155. ARBITRATION, reference to, compulsory agreement for reference of future disputes; a party not within such agreement, right to dismiss. Smith v. Allen, 156. reference to; application to enforce agreement for; criminal matter. Bradford v. ARCHITECT, right of, to remuneration for making out quantities; building contract ARREST on mesne process; liability for, when malicious. Melia v. Neate, 757. on final process; trespass; arrest in wrong name; judgment recovered against now ARSON setting fire to buildings and goods separate counts, all one continuous act; ASSAULT: justification. Chambers v. Miller, 203. ASSIGNMENT OF GOODS: post-nuptial settlement; intent to delay or defraud. ATTORNEY, liability of, to action; for improperly suing in a Superior Court instead ATTORNEY AND CLIENT: claim for costs; defence to; no benefit; improper AUCTIONEER, application by, for interpleader, on claim by third party adverse to charges of, usage as to; sale by private contract. Marsh v. Jelf, 234. AUTHORITY to raise money in name of blank acceptor. King v. Forbes, 41. to deposit bills of exchange with bill broker. Herschfeld v. Brown, 219. of partners to accept bills; nature of business; broker. Schweitzer v. Long, 687. of ship's broker to enter into agreement to bind shipowner as to freight. Perez v. BAILIFF OF COUNTY COURT, liability of, after interpleader order. BANKER, duty of, not to disclose state of customer's accounts. London, 214. Lewis v. Foster v. Bank of right of, to retake money paid over counter by mistake. Chambers v. Miller, 202. BIGAMY, evidence on indictment for; prisoner's first and second marriages; evi- absence for seven years. R. v. Heaton, 819. BILL OF SALE, contract of warranty collateral to. Stuckey v. Bailey, 1. registry of description of assignor. Bellamy v. Saul, 318. BILLS OF EXCHANGE, contract to pay by; damages. Morley v. Baker, 146. deposit of, with broker. Herschfeld v. Brown, 219. drawing and indorsing, in name of deceased person. Ashpitel v. Bryan, 183. BILLS OF LADING, authority of master to alter. Pickernell v. Jauberry, 217. BROKER, notes of, when at variance; separate sales. Fisenden v. Levy, 477. Hurrell v. Bullard, 445. authority of, as to freight. Perez v. Alsop, 188. BUILDING, contracts as to; oral evidence; extras. Franklin v. Darke, 65. Clothier v. liability of employer for materials supplied on guarantee. Smith v. Rudhall, 143. CARRIERS, liability of, for damage to goods; liquids in casks; contributory negligence cheque post-dated, legality of. Key v. Mathias, 279. (And see note.) COLLATERAL ISSUE, what is not so; admissibility of evidence as to any point COMMISSION, liability of employer for. Green v. Reed, 226; Thompson v. Clark, COMPARISON OF HANDWRITING in criminal cases. R. v. Aldridge, 781. CONSPIRACY, action on the case in the nature of. Dickson v. Combermere, 527. CONTRACT in writing, oral evidence as to. Arbon v. Fussell, 152; Bruff v. Cony- supply of goods, on whose credit. Brooks v. Merryweather, 144. for building, extras under. Franklin v. Darke, 65. guarantee by employer. Smith v. Rudhall, 143. liability of employer to sub-contractor on new contract. Eccles v. Southern, 142; as to acceptance of bill and borrowing money in acceptor's name. King v. Forbes, by mother of bastard child not to molest, &c. Lane v. Panton, 125. lunacy as a defence to. Lovatt v. Tribe, 9. collateral to bill of sale. Stuckey v. Bailey, 1. in writing; parol evidence to show whether the parties ever agreed, or on what terms, for sale of goods within the Statute of Frauds, what is "acceptance" to bind. Bowes by woman to support bastard child, validity of. Gore v. Hawsey, 509. to pay weekly sums during life of child; Statute of Frauds, to be performed within to ship goods to foreign ports; effect of; general discretion; liability of shipowner to employer, liability on. for sale of goods, effect of. Cook v. Sherwood, 728. Bowes v. Pontifer, 740. in writing, question whether it is so or not, or whether parties ever were ad idem; breach of, how far excused by impossibility caused by acts or default of third parties, to sale of goods, measure of damages for nondelivery of. Jarvis, 435. Elliot v. Hughes, 387. COUNTY COURT, action against attorney for not suing in. Lee v. Dixon, 744. CRIMINAL PROCEDURE, inspection by prisoner of prosecutor's letters alleged to production of at trial. Ibid. Putting in on the part of prosecution. Ibid. at trial, witness allowed to refresh his memory by depositions and to alter his answer. privilege of police as to disclosure of information. R. v. Richardson, 693. onus of proof as to absence for seven years in case of bigamy. R. v. Heaton, 819. question to skilled witness as to point at issue. R. v. Burton, 778. evidence to contradict principal witness on matter material to credit on main issue. at trial, admissibility of evidence as to other acts by prisoner of similar nature; pre- forgeries in course of same transaction. Roupell v. Haws, 784. previous poisoning. R. v. Garner, 681. admissibility of deposition of married woman, pregnant, and unable to attend. R. |