An appeal does not lie to the Supreme Court on an application to redeem lands sold for taxes.— Where an appeal is quashed for a defect in the appeal bond, occasioned by the mistake or over- In cases certified to the common pleas, upon attachment from justices of the peace, the common When in trespass one joint defendant is acquitted and one convicted, the one convicted may ap- APPRAISEMENT. A sale of real estate, upon execution, without appraisement, is void. Lessee of Patrick v. Ous- The act of 1795 did not require unimproved lands to be appraised. Roads v. Symmes, et al., Where lands are decreed by a court of chancery to be sold absolutely, they must be appra ís- Where a defendant, under an arrest, upon execution for a fine, makes a surrender of lands in Ringer, 381. Lands levied upon by a sei. fa, on mortgage, must be appraised. Lessee of Allen v, O, Parrish, 526. Upon an application to foreclose the equity of redemption, chancery will direct the mortgaged ARBITRAMENT AND AWARD. An appeal from the Commor Plens to the Supreme Court does not vacate a submission to arbi- An award to deliver "books, papers, and accounts, a small chest and wearing apparel," is too An award is bad unless it shows, that the arbitrators met at the time and place specified in the Assumpsit will not lie on an award made in pursuance of a submission by specialty. Tullis v. An agreement to submit a question of boundary to arbitrators, defeats the operation of the sta- ARREST OF JUDGMENT. SEE Judgment. ASSAULT AND BATTERY. Assault and Battery will not lie against a corporation; nor can a corporation be joined in such In an action of assault and battery and false imprisonment, if the damages assessed are under ASSIGNOR AND ASSIGNEE. The assignee of an agreement is concluded in equity by a decision at law against the assignor, The assignment of a note given for the purchase inoney of land, does not transfer the equitable An assignment by a grantee upon the back of a deed, "of all his right and title in the deed," to the plaintiff, does not pass such a title as will enable the plaintiff to recover in ejectment. An assignment, by an insolvent in Pennsylvania, of all his estate both real and personal, does SEE Bills of Exchange and Promissory Notes, Evidence, Bank and Bank Notes. ASSUMPSIT. Assumpsit will lie upon a note in sideration or original contract. writing, whether negotiable or not, without setting out the con- The plaintiff may recover upon the general counts in assumpsit, where a special contract has It is not necessary to constitute a good consideration for an assumpsit, that the party making the Assumpsit does not lie for mesne profits accruing after the date of a demise in the declaration of Assumpsit will not lie on an award made in pursuance of a submission by specialty, Tullis v, SER Action, Use and Occupation. ATTACHMENT. Money collected on execution cannot be attached in the hands of the sheriff. Dawson v. Hol- A judgment in attachment before a justice of the peace, may be set aside on certiorari, upon In attachment under the act of 1810, it is error to render judgment, unless three months notica Foreign Attachment cannot be sustained against one of several joint contractors. Coudin v. Nor can it be sustained where one of several contractors is a resident and the others non-resi- In attachment certified from a justice of the peace to the common pleas, the jurisdiction of the ATTACHMENT FOR CONTEMPT. The sheriff is authorized to take bail on an attachment for contempt. Morris v. Marcy, et al. The statutory provision, that a decree for a deed shall operate as a conveyance, does not divest ATTORNEY AT LAW. Treasurer of Champaigne co、 v. A contract with an attorney, that he shall prosecute suits for the recovery of property and re those served, the others are not concluded by the judgment. The attorney in such case is a A party, for whom an attorney appears in court without authority, is not concluded by the acts AWARD. SEE Arbitrament and Award. BAIL. Special Bail are not liable, where the principal dies after the return of the ca, sa. non est, and Where an obligation is made by Principal and Surety and the Special Bail of the Principal are The Sheriff is authorised to take Bail on an attachment for contempt. Morris v. Marcy et al. 724. BANK AND BANK NOTES. A contract to pay in current bank notes, is a contract to pay in money, if bank notes be not ten- Where a Bank has bona fide parted with all interest in a debt due the Bank, the debtor cannot An obligation to pay in notes of a specific Bank must be paid in the notes of that Bank or their Where the charter of a Bank is extended and no new security given by the Cashier, the securities The Bank of the U. States cannot remove a cause from a State to the Circuit Court under the SEE Damages. BILLS OF EXCHANGE AND PROMISSORY NOTES. Assumpsit will lie upon a note in writing, whether negotiable or not, without setting out the con- The term "currency" in a note means current money, unless controlled by other positive terms. Where a sealed Bill is assigned, and suit brought in the name of the assignor, he must prove the The Colonel is not liable upon orders drawn on the paymaster of the Regiment. Such orders do Where a Note or Bill is made payable at a certain time and place, no demand is necessary to A note assigned and the note retained in the hands of the assignor until his death, vests no in The holder of a note payable to A. B. or bearer in cattle, may maintain an action upon it in his own name, but he must aver and prove that the note was delivered to him for a good consi- A declaration upon an endorsement of a promissory note guarantying payment by the maker, Partial failure of the consideration of a note cannot be taken advantage of at Law. Harlan When the maker removes from the State where he resided at the time of making the note, the The assignment of a note secured by mortgage, and a delivery of the mortgage deed without an A court of justice will not lend its aid to enforce the collection of a note the consideration of Ayres v. Harness, 167. A sealed Bill written upon a carte blanche is void. SEE Damages. BILL OF EXCEPTIONS. In forcible entry and detainer, a bill of exceptions cannot be tested by a by-stander. Murphy v. A mandamus may issue to the Court of Common Pleas to sign a true bill of exceptions; but The party who takes a Bill of exceptions, must distinctly point out wherein he may have been BILL OF LADING. Where a Bill of Lading was signed by the master of a vessel, acknowledging the receipt of BOND. A Bond for the prosecution of a writ of error is good, though the terms required by the Statute Summary proceedings, under the Statute, cannot be had upon a collector's bond, when it is er- roneously taken. Miller v. The Commissioners of Montgomery County, 131. A Bond written upon a carte blanche is void. Ayres v. Harness, 167. It seems that a penal bond, obtained from a person intoxicated by the procurement of the obligee, Under the act of 1810, a bond for the conveyance of town lots, to which no value is affixed, A Bond for the re-delivery of property taken in execution and not sold for half the appraise- A Bond of an Insolvent Debtor is valid, though it does not in terms follow the Statute. Com- A Bond given for the prison limits is void unless the defendant be actually in prison and that A joint Bond for the prison limits, given in separate suits is void. Ib. SEE Executors and Administrators, Principal and Surety, Constable. BURIAL GROUND. Lands obtained by religious societies, cannot be considered as set apart for a burial grouad, un- CANALS AND CANAL COMMISSIONERS. The powers of the canal commissioners in controlling the waters of Mad River, and in selling CERTIORARI. Error in fact may be assigned on certiorari. Hartshorn v. Wilson. 244, A judgment in attachment before a justice, may be set aside on certiorari, upon proof that the A writ of certiorari, lies from the Supreme Court, direct to Inferior, Jurisdictions, but will not be SEE Error. CHALLENGE. The right of peremptory challenge may be reserved, by the party accused, until after he has made A covenant to convey a part of certain lands, "the other party being at one half the expense of |