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the addition of the initials J. I. C. to their names, parol
evidence is admissible for the purpose of showing,
(when there is any doubt,) whether the contract was in
fact made in their individual or official character as
agents of the public. Ib.
1. In declaring on a contract, in which A agrees to gather
and distil the peaches in B's orchard, and deliver to him
one third of the brandy, provided that A runs two stills,
or runs one still and can do it: a failure to aver that the
defendant run two stills, or one still and could distil plain-
tiff's peaches, is bad upon special demurrer, but amend-
able. Murphy vs. Lawrence
2. A breach by assignment, generally, that the defendant'
has not performed his promise or agreement, is bad
upon special demurrer, but amendable. Ib. -
3. An application to amend a judgment, is an appeal to the
discretionary power of the courts. Saffold vs. Keenan
4. The discretion of the circuit courts will not be controlled
in refusing motions to amend judgments after fourteen
years acquiescence, especially where the proposed altera-
tion would fix the defendant with a heavy liability; and
where too, the error complained of is not one which
falsifies the record, but where the objection is that the
judgment rendered is not so beneficial to the plaintiff as it
might have been made. lb.-
5. When a writ of error may be amended. See title " Writ
of Error." Long and others vs. Strickland
6. When a writ of error may be amended by adding a ne-
cessary party. See title" Writ of Error." Cary, As-
signee, &c. ads. Rice, Receiver, &c.
1. Under the judiciary Act of 1799 allowing appeals to be
entered upon the payment of costs and giving security
for the eventual condemnation money, the party appeal-
ing need not himself sign the bond. Pettee vs. Flewellen
2. Where an appeal has been entered by the intestate in
his life-time, and the security, good at the time, becomes
insolvent pending the appeal, the administrator of the
deceased is not bound to give additional security. Lat-
imer, Whiting & Co. vs. Admrs. Ware -
3. Where an appeal is entered, a writ of error will not lie
for any errors committed by the Court below upon the
trial before the petit jury. Carter and wife vs. Buchanan
1. What sufficient to relieve bail in criminal cases. See title
"Bail and their Principals." Dennard & Alexander vs.
1. The attorneys at law against whom no fraud is charged
nor relief sought, ought not to be made parties with their
clients, in a bill to set aside a judgment at law. Kenan
& Rockwell vs. Miller
BAIL AND THEIR PRINCIPALS.
1. The condition of a recognisance, or bond to appear and
answer to a criminal charge at a given term of the court,
is not fulfilled by the principal's being present at that term;
the condition of such a bond is not fulfilled by appearing
and answering to the charge by pleading to it; but the
accused must be and appear at the first term, and con-
tinue to appear until he is permitted to go by leave of
the court had, or until he is acquitted or otherwise legally
discharged; or if convicted, until sentence is passed;
in order to the fulfilment of the obligation of the bond,
and the release of the securities. Dennard & Alexander
vs. The State
BAIL-BOND OR RECOGNISANCE.
1. A recognisance, or obligation to appear and answer to a
criminal charge, attested only by one not being a mag-
istrate, is not a recognisance technically, but is good as
a bond. Dennard & Alexander vs. The State
1. When bail surrenders his principal during the session of
the court, it is his duty to have an exoneretur entered on
the minutes of the court, which will be the only legal
evidence of his discharge. Griffin vs. Moore
2. According to the provisions of the Judiciary Act of 1799,
the liability of bail in this State, is not absolutely fixed
until the plaintiff in the action obtains final judgment for
his demand, and a capias ad satisfaciendum issues there-
on and the principal cannot be found; scire facias issues
against the bail, which must be served twenty days be-
fore the court, and judgment thereon. Held, that the
bail has the right to surrender his principal in discharge
of his liability, at any time before final judgment on the
scire facias; and that the death of the party between the
return of non est inventus, and final judgment on the scire
facias, might be shown in discharge of the bail. lb.
1. See title "Carriers." Fish vs. Chapman & Ross
1. The bona fide holder of a negotiable note payable to
bearer, for a valuable consideration, without any notice
of the facts which impugn its validity as between the
previous parties, if it is transferred before it becomes.
due, takes it unaffected by these facts. Bond vs. The
2. The holder of a negotiable instrument, is presumed to be
a bona fide holder for a valuable consideration, without
3. The extinguishment of a pre-existing debt, constitutes a
valuable consideration for the transfer of a negotiable
note. And the holder thus receiving it, before due, and
without notice, is unaffected by the equities between
the antecedent parties. Ib.
4. In suit upon bill, note, or other instrument, appearing
upon its face to have been altered, the plaintiff is not
required to produce evidence to explain it, where it is
declared upon, as altered, unless the same is denied by
the defendant on oath under the Judiciary Act of 1799.
See title "Evidence." Tedlie vs. Dill
5. What demands the defendant may set off against the
payee in a suit by the indorsee See title "Set-off."
Tinsley vs. Beall
6. When a note signed by the makers with the initials J.I.
C. to their names, it is competent to show by parol evi-
dence that they acted in their official character as agents
of the public. Ghent and others vs. Adams
1. Bill of exceptions not having been signed by the pre-
siding judge within four days after the trial below, case
will be dismissed upon motion. See title " Writ of Er-
ror." Smith, Admr. vs. Burn & McLendon
2. Testimony on the trial below not embodied in the bill
of exceptions, case will be dismissed. Ib.
3. Where the bill of exceptions to the decision of the
Court below, on a demurrer to a bill of review, was duly
certified by the presiding judge thereof, which contained
a clear statement of the points made and decided by him
on the demurrer, as well as the grounds of the decision;
it was held, the formal order overruling the demurrer, and
the special reasons of the Court below for its judgment,
were not indispensably necessary to the hearing of the
cause in the Supreme Court. Cary, Assignee, &c. ads.
Rice, Receiver, &c.
1. The act of the Legislature of 1841 repealed the charter
of the Bank of Darien, and transferred its assets
to the Central Bank. John R. Anderson, Esq. was
appointed by the Central Bank an agent to collect these
assets, and gave bond. Held, that this bond was correctly
made payable to the Governor of the State of Georgia.
Anderson and others vs. The State
1. When breach in plaintiff's declaration is bad upon
special demurrer, but amendable. See title "Amend-
ment." Murphy vs. Lawrence
1. One who contracts to transport goods from one point to
another, and deliver them in good order and condition,
unavoidable accidents only excepted, is not a common car-
rier, but is responsible on his contract as one.
Chapman & Ross
2. To make a person a common carrier, he must exercise it
as a common employment; he must undertake to carry
goods for persons generally, and he must hold himself
out as ready to engage in the transportation of goods
for hire as a business, and not as a casual occupation pro
hac vice. Ib.
3. Unavoidable is synonymous with inevitable; and inevitable,
or unavoidable accidents, are the same with the acts of
God, which means any accident produced by physical
causes, which are inevitable; such as lightnings, storms,
perils of the seas, earthquakes, sudden death, illness.
4. A common carrier is in the nature of an insurer of the
goods intrusted to his care, and is responsible for every
injury sustained by them occasioned by any means what-