ALIEN.
An alien enemy has no right of action during a war; but the rights which the subjects of either power had against the other, are revived at the end of it. 71
See Action. Law oƒ Nations.
AMBASSADOR.
See Law of Nations.
AMENDMENT.
A. Sci. Fa. was amended by the record, substituting September Term, 1782, for December Term. 133
Verdict in ejectment amended by adding, “and for residue they find for the Defendant.” ibid.
The (illegible text) and return of an alias Venditioni amended by the attorney's precept on which it issued. 197
After report, the rule of reference was amended by the agreement filed, so as to insert the name of Lewis, instead of Lewis. 379
See Error.
APPEAL.
See Admiralty. Damages.
Ejectment. Justices.
ARREST OF JUDGMENT.
SEE Judgment.
ASSAULT AND BATTERY.
Striking any thing attached to the person, as a cane, is a battery, 114
See Alien. Law oƒ Nations.
ASSIGNMENT.
The assignee of a bond takes it at his own peril, and stands in the same place as the obligee ; so as to let in every defalcation which the obligor had against the obligee, at the time of the assignment, or notice of it. 23
The only intent of the act for the assignment of bonds, &c. is to enable the assignee to sue in his own name, and prevent the obligee from releasing after assignment. ibid.
After a bona fide assignment of a simple contract debt, the Court will not allow the nominal Plaintiff to discontinue an action brought to recover it, to the use of the assignee. 139
The Assignee of a simple contract debt cannot maintain a suit in his own name. 268
A bond payable to L.S. with a memorandum subjoined, that it was for the use of J. P. was assigned by J.P. to J. L. And it was adjudged, that this was not an assignment within the Act of Assembly ; and that J.L. could not maintain an action, in his own name, against the obligor, 444
A subsequent assignment of the same bond, by J.L. to G.T. is no more than an assignment of J.L.'s equitable interest. ibid.
The covenant by the word assigned, extends only to this, that the assignee should receive the money from the obligor to his own use ; or, if the obligee received it, that he would be answerable over for it to the assignee. ibid.
See Covenant. Diʃcontinuance.
ASSUMPSIT
See Action. Promiʃʃory Note.
ATTACHMENT.
See Contempt. Foreign Attachment. Domeʃtic Attachment. Coʃts.
ATTAINDER.
See Action. Treaty.
ATTORNEY.
See Letter oƒ Attorney.
AUDITORS.
See Practice. Bill oƒ Exchange.
AUTHORITY.
See Practice. Bill oƒ Exchange.
Letter oƒ Attorney.
AWARD.
See Reƒerence.
BAIL.
R
recognizance of bail only binds the lands from the date of the judgment on the Sci. Fa. against the bail, and not from the time of entering it. 131
The proof of a debt necessary to hold to bail. 159
The 12 G. I. respecting proof of debts to hold to bail, was not in force, nor practicsed under before the Revolution. ibid.
See Foreign Attachment. Justices. Privilege. Practice. Bankruptcy.
BANKRUPTCY.
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