INDEX. Ali moy ACKNOWLEDGMENT. 407 1. A magistrate's certificate of acknowledgment of a married woman is sufficient, if it show a substantial compliance with the statute. Barton's Lessee v. The Heirs of Morris, 408. 2. The second section of the act passed January 29, 1833, amendatory of the act providing for the acknowledgment of deeds, &c., is constitutional and of binding force, notwithstanding its retrospective operation. Ibid. 3. Under the judgment and execution law of 1805, the sheriff might acknowledge a deed for real estate sold, before a justice of the peace. Heighway v. Pendleton, 735. ACTION, 1. Assumpsit will lie to recover of a bailee for hire, the value of goods delivered to him and which he has converted to his own use. Barker v. Cory, 9. 2. Debt may be maintained upon a bond for the redelivery of property under the act authorizing the appraisal of personal property levied on execution. Darling et al. v, Peck et al., 65. 3. Such suit may be brought though the breach of the bond occured after the expiration of that act. Ibid. 4. The common law remedy remains, though the statutory remedy is gone. Ibid. 5. A special action on the case lies by a mortgagee, after condition broken, against a third person, who commits an injury to fixtures on the premises, by which his security is diminished, and he sustains an actual loss. Allison v. McCune, 726. 6. Actual possession of the mortgaged premises by the plaintiff is not necessary to entitle him to the action. Ibid. See APPEAL BOND. LOST NEGOTIABLE paper. ADVERTISEMENT. If a court renders judgment in attachment without publication of notice as the statute requires, such judgment is not void, and cannot be impeached collaterally. Paine's Lessee v. Mooreland, 435. Appeal. Appeal Bond. Assumpsit. Attachment. APPEAL. 1. Cases appealed from justices of the peace, previous to the passage of the act of March 4th, 1845, are not subject to its provisions in the taxation of costs. Barker v. Cory, 9. 2. A case in divorce, or for divorce and alimony, cannot be appealed from the Common Pleas to the Supreme Court. Laughery v. Laughery et al. 404. 3. But if in such case a third person is made defendant, he may appeal so much of the case as affects his interest. Ibid. 4. It is error in the Court of Common Pleas to dismiss an appeal from a justice of the peace, for the reason that his transcript does not state the form of action. Humiston et al. v. Anderson's Administrator, 556. APPEAL BOND. In case of an apeal from the Court of Common Pleas to the Supreme Court, if the appellant, before judgment in the Supreme Court, become a certificated bankrupt, and his assignee be permitted under the bankrupt law to prosecute in his stead, and a decree for costs be rendered in favor of the appellee, to be charged upon the assets of the bankrupt in the hands of the assignee, and a general execution be issued against the bankrupt and returned nulla bona, an action will not lie against the sureties in the appeal bond. Sigler et al. v. Shehy et al. 471. ASSUMPSIT. See ACTION, 1. ATTACHMENT. 1. A person executing a defective deed for the conveyance of land, which deed has not been recorded, has an interest in the land capable of being attached. Paine's Lessee v. Mooreland, 435. 2. If attached and sold as the property of the vendor, a purchaser, without notice of the equity, takes a good title as an innocent purchaser without notice. Ibid. 3. The court acquires jurisdiction in attachment, by the issuing of process predicated upon the requisite affidavit, and the attaching of the property; and if after thus acquiring jurisdiction the court proceed to render judgment without the publication of notice, such judgment is not void, and cannot be impeached collaterally, but must be reversed upon writ of 4. Whether a fieri facias can issue upon a judgment in attachment, in the first instance; quere. Ibid. Attestation. Attorney and Client. Bailment. Bank Notes. Banks and Banking. Bankruptcy. ATTESTATION. 1. The attestation of a deed, that the same was "sealed and delivered" in 2. Where a mortgage, executed in 1798, was attested by only one witness, ATTORNEY AND CLIENT. Service of citation in error on the attorney, after the death of the party, BAILMENT. 1. If goods or chattels are delivered to a bailee for hire, and he converts them BANK NOTES. See PROMISSORY NOTES. BANKS AND BANKING. 1. The existence of a bank whose paper is alledged to have been counter- 2. The Bank of Circleville having done all the law required, previous to BANKRUPTCY. 1. If A deliver money to B, which he promises to pay to C, on the note of Bequest. Bill of Particulars. Bill of Review. Boats. Bond. Canals. BANKRUPTCY-Continued. the bankrupt, and returned nulla bona, an action will not lie against See WILL, 3, 4, 5. BILL OF PARTICULARS. It is error in the common pleas to dismiss an appeal from a justice of the BILL OF REVIEW. 1. On bill of review, where the facts found are stated in the decree, the 2. The practice is otherwise where the facts are not embodied in the de- 3. A decree will not be reviewed for new matter if it be merely cumulative BOATS. Under the act of Feb. 26, 1840, providing for proceedings against Steam- BOND. 1. The penalty of an official bond cannot be inserted by a third person, after 2. A bond filed in a case in error, to be valid either as a statutory or a com See PRISON BOUNDS BOND. CANALS. See OFFICE and OFFICER, 2, 3, 4. Capias ad satisfaciendum. Case. Certiorari. Chancery. CAPIAS AD SATISFACIENDUM. CASE. See PRISON BOUNDS BOND, 1, 2. See FRAUD and FRAUDULENT CONVEYANCE, 3, 8, 9, 10. NUISANCE, CERTIORARI. See PRACTICE, 38. CHANCERY. 1. Where a mortgage has been given to a person to indemnify him against ville, 253. 2. A court of chancery, on a bill of review, will examine the proof taken in 3. Otherwise where the facts are embodied in the decree. Ibid. 4. A decree will not be reviewed for new matter when the new matter is 5. A court of chancery has not jurisdiction for the purpose of establishing 6. Jurisdiction is in the Court of Common Pleas, as a probate court. Ibid. principal is insolvent, a court of chancery will entertain jurisdiction of a the land lies; to enforce a specific performance of a contract for the con- |