1. It is essential to a recognisance for the appearance of the conusor to answer to charges against him, that it show the cause of taking it. Nicholson vs. The State
2. A recognisance must stand or fall by itself; and if not good on its face by failing to specify the offence for which the accused is arrested and bound to appear and an- swer, parol evidence is inadmissible to supply the de- fect. Ib.
1. A remainder in slaves, to take effect and be enjoyed after a life estate, cannot be created by parol in favour of persons not in being at the time the property is de- livered to the tenant for life. Kirkpatrick, Guardian vs. Davidson
1. In case of express contract to pay rent, the destruction of the premises by fire, or violence, or any casualty whatever, is not a good defence to an action to recover the rent, unless there is also an express stipulation to that effect. Nor will a court of equity relieve against such contracts, under such circumstances. White and others vs. Molyneux
1. The rule in Shelly's case applies only where the estate to the ancestor and to the heirs is of the same kind; it applies to legal estates and to trusts executed, but not to trusts executory, when it is the intention of the testator that it shall not apply. It applies to personal as well as real property. Edmondson and wife vs. Dyson -
1. Sheriff's fees on sales under execution. See title "Fees of Sheriff." Aycock vs. Buffington, guardian
1. Additional security of the administrator of an appellant who dies pending the appeal where the original security, good at first, becomes insolvent pending the appeal, is not required. Latimer, Whiting & Co. vs. The Admrs. of Ware
2. Securities on appeal, and securities to injunction bonds, being bound for the eventual condemnation money in the cause, under the provisions of the statutes of this State, are necessary parties to a writ of error to the Su- preme Court, to reverse the judgment of the Court be- low. Coffee and others vs. Newsom, Exr. &c.
1. Where the old sheriff fails to deliver to his successor an execution placed in his hands during his term of office, and receives money thereon fourteen days after the ap- pointment and qualification of the new sheriff, his se- curities are not liable in an action on the bond, to ac- count to the defendant for said money, notwithstanding he has been compelled to pay it a second time to the plaintiff. McDonald, Governor, &c. vs. Bradshaw
1. The maker of a promissory note in an action by the in- dorsee who received it after due, cannot set-off a demand against the payee, unless such demand is connected with, or grew out of the original transaction for which the note was given, or attaches to the note itself; he cannot set-off a demand arising out of collateral matters. Tinsley vs. Beall
2. To authorise a defendant to set-off a demand, under the 24th section of the judiciary act of 1799, such demand must be against the plaintiff in the action. Ib.
3. One judgment may be set-off against another; although all the parties to the different records are not the same. Colquitt vs. Bonner
1. A rule against a sheriff to pay over money is not suffi- ciently certain, unless it state the court in which the judg- ment and execution claiming the money was had. Be- thune vs. Bonner
2. A sheriff, for the performance of his legal duty, is only entitled to such compensation therefor as the law pre- scribes. Hicks vs. Moore and others
3. Where a sheriff levied on slaves by virtue of an attach- ment, and while in his possession worked and hired them out for his own use and benefit, and a verdict of the jury having been returned on an issue directed by the court finding that the labour of the slaves was worth the per diem allowance authorized by law for keeping them; held that the sheriff was bound to account for the same, on a rule against him to pay over the money in his hands arising from the sale of the property at the instance of the creditors. lb. -
4. Sheriff's fees on sales under execution. See title "Fees of Sheriff" Aycock vs. Buffington, Guardian
1. A sheriff may sell under execution, the undivided inter- est of the defendant in negroes and other personal prop- erty, and the purchaser at such sale becomes a tenant in common with the other co-tenants; and until there is a severance, or destruction of the tenancy in common, one or more of the co-tenants cannot maintain trover or trespass against the others. Leonard vs. Scarborough and wife, et al.
1. To charge a person with having gonorrhea is actionable, as it will have the effect to exclude him either wholly or partially from society; certainly from all good society. Watson vs. McCarthy
SOLICITOR GENERAL'S FEES.
1. A Solicitor General out of office, having obtained orders for the payment of costs under the 4th section of the 14th division of the penal code, is entitled to be paid out of money brought into court by his successor, in prefer- ence to similar orders of junior date obtained by such successor. Hackett vs. Jones
1. When declaration is bad upon special demurrer, but amendable. See title "Amendment." Murphy vs. Law-
STATUTES, CONSTRUCTION OF.
1. The omission of the word "grant" in one section of a statute may be explained by other parts of the same statute, so as to supply the omitted word and give the act its intended effect. Brinsfield vs. Carter
1. The regulations in the 11th and 21st sections, and the limitation as to amount in the 25th section of the origi- nal charter of the Central Bank, are directory merely to the officers of the institution. And a debt may be col- lected, although contracted in disregard of any or all of these provisions, that is being without security or indors- er, having run more than twelve months, and exceeding the sum of $2,500. Bond vs. The Central Bank
2. Construction of Central Bank charter, and amendments. The Acts of 1829 and 1838, amendatory of the original charter of the Central Bank, clothe it with additional authority, and the courts are bound to observe their pro- visions without their having been pleaded. See title "Pleading." Bond vs. The Central Bank 107,115
3. A debt contracted with the Central Bank under the amended charter of 1829, or under the Act of 1838, will
be presumed to have been done in good faith, in the ab- sence of any fact or circumstance implicating the trans- ́ action. Ib.
1. When there is not such a surprise as will entitle a party to a continuance after the cause has been submitted to a jury on the appeal. See title "Continuance." McCutch- in vs. Bankston
1. The undivided interest of a defendant in property held by himself and others as tenants in common, may be seized and sold under execution. See title " Sheriff's Sale." Leonard vs. Scarborough and wife and others
2. One co-tenant cannot maintain trover or trespass against the others so long as the tenancy exists. Ib. -
1. Trover by an executor or administrator; when necessary to introduce in evidence the letters testamentary or of administration. See title "Evidence." Robinson vs. Mc- Donald
2. Where the defendant purchased a negro at sheriff's sale as the property of a third person, who was a stranger to the plaintiff's title, used him as his own and exercised dominion and control over him, it was held to be suffi- cient evidence of a conversion to maintain trover, with- out evidence of a demand and refusal.
1. Trusts in personal property may be created and proven by parol declarations. Kirkpatrick, Guardian vs. David-
2. When a cestui que trust may mortgage the trust estate.
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