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a conclusive bar to a prosecution for single acts of sale previous to the filing of the
3. A complaint before a justice that the respondent "did become a common seller
JAIL BOND, See PLEADING 2.
JAIL COMMISSIONERS, See EVIDENCE 21, 22.
JOINDER OF ACTIONS, See EXECUTORS AND ADMINISTRATORS 3.
JOINDER OF PLAINTIFFS.
1. The plaintiffs agreed to take jobs of work, and work together, each to be
See PRINCIPAL AND SURETY 1.
JOINT ACTION, See PRINCIPAL AND SURETY 1, 2.
1. A confession of judgment before a justice of the peace, in pursuance of section
1. A justice has jurisdiction in an action of assumpsit where neither the ad dam-
2. A court will obtain jurisdiction as to both of two defendants, if they both ap-
3. The county court has original jurisdiction in actions of assumpsit, and for the
4. A party having a claim in assumpsit for over $100, may abandon a portion of
it or reduce it to a sum less than $100, and thus be enabled to commence and sustain an action before a justice of the peace for its recovery. Danforth v. Streeter, 490.
5. An artiele sold conditionally, to be returned if it did not suit the purchaser and which was so returned, may, though it was regularly charged on the plaintiff's book at the time of its delivery and credited at the time of its return, be wholly omitted from the account; and, if so omitted, will not be treated as a part of the account for the purpose of placing it beyond the jurisdiction of a justice. Paige v. Morgan, 565.
6. It is optional with the plaintiff whether or not to claim interest upon an account to which he is fairly entitled; and the jurisdiction of a justice will not be affected by any just claim which he might, but does not make; or which, having made, on the mistaken ground that the justice's jurisdiction would not be exceeded, he abandons. 16.
7. The county court has jurisdiction of an action on the case against an officer for not keeping property attached by him so as to be levied on, though the judgment obtained be for less than one hundred dollars, if the damages demanded and actually recovered, including interest to the time of trial, exceeds that sum. Mc K Ormsby v. Morris, 711.
See CHANCERY 12; PROBATE Court 5.
JUSTICE OF THE PEACE.
1. The judgment of a justice cannot be set aside by audita querela on account of his having refused to continue the cause when the defendant was sick and unable to attend a trial. Amidon v. Aiken, 440.
2. An action pending, and on trial by a jury, on the 30th day of November, before a justice of the peace whose term of office expired on that day, was proceeded with, by the agreement of the parties, until 6 o'clock on the mornțng of the 1st of December, when the jury failed to agree; and the ex-justice took no further cogni. zance of the cause, and neither party caused a new justice to be substituted in his place. Held, that the defendant therein could not maintain an action against the plaintiff for the taxable costs to which he had been subjected in his defense of the suit. Johnson y. Kingsbury et al, 486.
3. A party having a claim in assumpsit for over $100, may abandon a portion of it or reduce it to a sum less than $100, and thus be enabled to commence and sustain an action before a justice of the peace for its recovery. Danforth y. Streeter, 490.
4. A justice of the peace after deciding, upon the motion of the defendant, to continue a cause pending before him, may, at the same sitting, permit the plaintiff to discontinue the suit. Flint v. Whitton, 557.
5. The supreme court will not ordinarily interfere by writ of quo warranto, or otherwise, to prevent a person from holding the office and exercising the powers of a justice of the peace while he has the appointment of, and is acting as a postmaster. State v. Fisher, 714.
6. If they would, the present proceeding could not be sustained, there being no proof that the respondent has acted as postmaster during the year for which he has been elected a justice. 16.
7. The alteration of the return day of a justice writ, so as to make it returnable at a later day than the one appointed at the time the writ was signed, will not extend
the previous authorization of an indifferent person to serve the writ beyond the time within which it should have been originally served, if such alteration is made with out the concurrence of the justice. Carr v. Tyler, 783.
See JUDGMENT 1; JURISDICTION 1, 5, 6; TRUSTEE PROCESS 7.
LADING, (BILLS OF,) See BILLS OF LADING.
1. Lands bounded on Lake Champlain extend to the edge of the water at low water mark. The same rule applied, in this case, to lands near the lake bounded on a creek emptying into, and the waters of which ordinarily maintain the same level, and ise and fall with those of the lake; there being no claim made that the boundary should extend to the centre of the creek. Fletcher v. Phelps, 257.
LANDLORD AND TENANT.
1. The lessor of a farm, who stipulates in his lease that the crops shall be consumed on the place and remain his property until certain conditions are performed, may, if a portion of the crops are sold by the lessee, and removed from the farm in violation of the stipulation, sustain an action of trespass against the lessee and the purchaser who removed them. Gray v. Stevens et al., 1.
2. The purchaser, though he acts innocently, and in ignorance of the lessor's rights, will be equally liable with the lessee. The lessee stands in no such relation that he can convey any greater right to the property than he himself possesses. 10.
3. The rule of damages in such case is the value of the property removed. Ib.
4. Held, upon the facts found by the referee, that the tenancy of the defendant in the present case was a tenancy from year to year. Hall v. Wadsworth, 410.
6. In a tenancy from year to year, the tenant cannot quit at pleasure, without notice, and deprive the landlord of accruing rent. The landlord's right to notice is, to some extent, at least, reciprocal to that of the tenant's. Ib.
6. The defendant leased of the plaintiff on the 27th of November, 1849, a dwellinghouse, and occupied it thereafter as tenant, from year to year, until the 10th of November, 1852, when he quit, having given only two weeks previous notice of his intention to do so. Held, that he was liable for the rent to the Įst of April thereafter, the plaintiff making no claim for it beyond that time. Ib.
7. A conveyance of real estate, with covenants of warranty, to a persor, his heirs and assigns, as long as wood grows and water runs, in the form of a lease, but reserving only a nominal rent if demanded, and without reserving any right of re-entry, is, in effect, a conveyance of the fee; and does not create such a tenancy as, upon a repudiation of it, would require notice to be given to the grantor. The object of a notice of the repudiation of a tenancy being required is to enable a landlord to protect his rights; but under such a conveyance, the conveyor would have no rights to protect. Propagation Society v. Sharon et als., 603.
8. A provision, in a lease of a farm upon shares, that the produce is to be at the control of the lessor until sold, will enable the lessor to hold the crops raised on the place against an attachment of them by a creditor of the lessee, until they are divided or sold, or all the stipulations on the part of the lessee are performed, for the security of which the provision was made. Esdon v. Colburn, 631.
9. If the rights of the lessee, under such a lease, to a part of the crops deposited
in the barn upon the farm occupied by him, are sold and transferred to the lessor,
10. An agreement, by the tenant or occupant of a piece of land, that the owner
LETTER OF CREDIT, See GUARANTY 10 to 13.
LESSEE, See LANDLORD AND TENANT; RAILROAD 11.
LESSOR, See LANDLORD AND TENANT.
1. To give a factor a lien upon goods consigned to, but not actually received by
2. B. & H. B. delivered to the defendants, who were storage and forwarding
1. The statute of limitations does not commence running against a foreign cor-
2. If a partner, who is the agent of the firm for making disbursements, &c., make
3. An assurance given by the defendant, upon receiving a note from the plaintiff,
4. Neither the individual admissions of the members of a corporation, established
6. An acknowledgment of an indebtedners must, to prevent the operation of the
6. In the present case, the defendant paid one of two joint owners of the demand
7. A mutual agreement between two persons that they will take no advantage of
8. Notes held by one party against the other, would be included under the term
" in such an agreement. Ib.
9. The possession of land taken under a deed from a husband and wife, executed
10. A declaration of the defendant that, if he owed the plaintiff anything he was
11. Mere absence from the state will not prevent the operation of the statute of
12. If the debtor has his fixed residence out of the state, all of his absences from
13. A replication, to a plea of the statute of limitations, that before the statute
14. A rejoinder to such a replication that within the time mentioned the defendant
1. The terms maintenance and champerty not applicable to bona fide purchases of
1. The proper office of, and proceedings upon writs of certiorari and mandamus in