E. SPETTIGUE, PRINTER, 67, CHANCERY LANE.

532

Digested Index to the Cases Reported.

over their amount, if he has received no
specific instructions from his client as to the
appropriation of the money. Harrison v. Ward
Page 29

6. The permission of a Judge before whom
a cause is tried, to apply to set aside the ver-
diet and enter a nonsuit, must be obtained be-
fore such an application can be made. Rick-
3. The Court has power only to order a etts v. Bird.
... Page 259
bill to be taxed when it is between attorney
7. The sum indorsed on the writ of sum-
and client, and when it is for business trans-mons, being more than 20., although that
acted in the Court, according to the statute claimed in the particulars does not amount to
2 Geo. 2, c. 23. Various matters, including so much, the Court will permit the plaintiff
common law and conveyancing charges, if ap- to amend the writ, so as to obtain a writ of
plying only to one transaction, should be in-trial before the sheriff. If the amount in-
cluded in one bill. Doe d. Palmer v. Roe 13 dorsed on the writ exceed 20/., the sheriff
4. The Court will not interfere so far with cannot try the cause. Frodsham v. Round
the Master's discretion, as to direct his report
to be reviewed, merely on a suggestion of the
amount allowed by him for certain witnesses
being too much. It would be otherwise, if
the objection were to a certain class of allow-
ances made by him. Day v. Withers .. 84
And see COSTS.

1. A defendant's attorney having tampered
with a jury, who had retired to deliberate on
their verdict, and the jury in consequence
being discharged and a new trial granted, the
Court will grant a rule calling on the defen-
dant's attorney to shew cause why he should
not pay the costs of the first trial. Denney v.
Garrett

229

2. In country causes, a plaintiff has the
whole term after that in which issue is joined,
to give notice of trial. Douglas v. Winn 355

3. In order to entitle a defendant to four-
teen days' notice of trial, it must be distinctly
shewn that he is permanently resident in Ire-
land. Leneham v. Goold
. 452
4. It is a positive rule, that the motion for a
new trial must be made within the four days.
Wheeler v. Whitmore
.. 118
5. Two notices of trial, varying with one
another, having been given to the defendant,
and the cause being tried as undefended, the
Court will grant a new trial, without costs.
The defendant, although appearing personally,
must be held bound by the same rules as if he
appeared by attorney. Kerry v. Reynolds

118

UNDERTAKING.

323

1. A plaintiff having given an undertaking
to bring no action for matters appertaining to
a certain cause, and afterwards breaking the
terms of that undertaking, the Court will
grant a rule to stay proceedings. West v.
Stone

62

Names of Cases Reported.

533

of his estate absolutely to A.; and by a testa-writ of summons; and the action being de-
mentary paper of subsequent date, gives the scribed to be "promises," the word "on"
residue to A. for life. Held, that the former being omitted, is not material. Cooper v.
Page 133
absolute gift is not revoked or altered. A Wheale
2. A plaintiff having lodged a writ of
bequest out of real and personal estate in
England, for the purpose of a foreign charity, detainer with the marshal, cannot, having dis-
is held to be within the Mortman Act; but covered it to be irregular, declare it a nullity
Gadderer v. Sheppard
the Crown is not entitled thereto, as in case and issue a fresh writ.
of a devise for a foreigner; sed quære. Brien
v. Ferrier
Page 257

WRIT.

1. The street and county in which a defen-
dant resides, is a suflicient description, in a

493

3. The re-sealing of a writ makes it a new
writ, and it is held to have been issued on the
day on which it was re-sealed. Semble, that
the Court of Common Pleas has no jurisdic-
tion over an original writ out of Chancery,
returnable in C. B., until it is actually returned
to the officer of that Court. Foot v. Collins 495

NAMES OF CASES.

Balson v. Meggat, 373

Barber, in re, 318
Beaumont v. Dean, 374
Bellamy v. Sabine, 83
Bishop v. Lee, 306

Blunt v. Beaumont, 103
Bond v. Woodhall, 374
Boucher v. Simms, 30
Boughey v. Webb, 182
Brien v. Ferrier, 257
Brixton v. Squires, 436
Brown v. Daubeny, 306
v. Jenks, 196
Bruges, in re, 305
Buxton v. Buxton, 164
Carson v.
Dowding, 134
Casby v. Smith, 501
Chell v. Oldfield, 403
Clark v. Chetwode, 404
Cooper v. Wheale, 133
Cowper v. Jones, 324
Croad v. Harris, 436
Cromer v. Brown, 117
Cross v. Wilkins, 102
Danby v. Miles, 84

Darthez v. Lee, 469
Davis v. Lawton, 259

Dawson v. Stocken, 450

Day v. Withers, 84

Deale v. Laurence, 231

Dennehaye v. Richardson, 387

Denney v. Garrett, 229

Doe d. Butt v. Kelly, 45

VOL. XI.

Downes v. Roe, 260

Errington v.

Errington, 372

Grieves v. Roe, 213
Jackson v. Roe, 405
Kempsey v. Roe, 229
Palmer v. Roe, 13
Protheroe v. Roe, 499
Smith v. Roe, 229
258

Doe d. Smith v. Hardy, 358
Smithers v. Roc, 486-
Treal v. Roe, 100

Wicks v. Roe, 261
Wells v. Roe, 405
Winter v. Roe, 61
v. Roe, 30, 213, 258
Douglas v. Winn, 355
Drinker v. Pascoe, 389
Duckworth v. Fogg, 437
Dyer v. Levy, 323
Edwards v. Chapman, 231
Edwards v. Danks, 375
v. Jones, 271

Ellis v. Attorney General, 481
Engler v. Twisden, 258
Evans v. Baker, 62

v. Delegal, 485
Fife v. Bruere, 310
Fletcher v. Greenwell, 47
Fogarty v. Smith, 274
Foot v. Collins, 495
Ford v. Leach, 231
Forster v. Kirkwall, 471
Frodsham v. Myers, 134
v. Round, 323

Gadderer v. Sheppard, 498
George v. Fry, 45

Gerothwohl v. Cochrane, 258
Gibbs v. Grant, 85

Giles v. Watts, 196

Gilmore v. Hague, 116
Gilson v. Carr, 389
Glover, ex parte, 85
Glynn v. Soarez, 227
Godfrey v. Green, 102

Goodricke v. Turley, 451
Gordon v. Twine, 355
Gould v. Williams, 28
Granby v. Frowd, 213
Grant v. Ramsey, 307
v. Willis, 196

Gray v. Withers, 404
Griffin v. Yeates, 309
Halls, ex parte, 273
Harding v. Rawlings, 231
Harris v. Mathews, 165
——— v. Griffith, 85
Harrison v. Almond, 165
v. Forster, 324

Names of Cases Reported.

The Table of Contents of Volume XI., and Index to the general matter, will be

included in the Supplement for June.