1784.
Hunter’s Leſſee verſus Kennedy.
On motion to put off the trial of this cauſe, Sergeant tendered the affidavit of John Adams (who called himſelf the landlord of the defendant, and declared himſelf intereſted in the ſuit) to prove the abſence a material witneſs.
Lewis and Coxe objected, for the plaintiff, that the affidavit ſhould be made by the defendant himſelf.
But the Court received the affidavit, and ordered the trial off.
Rivers verſus Walker.
It was ruled in this cauſe, that notice of the time and place of the meeting of referrees, muſt be ſerved on the party himſelf, and not on his attorney; unleſs it be otherwiſe ſpecified in the rule of referrence.
For a contrary practice, the report, in the preſent inſtance, was ſet aſide, on motion of Lewis, in behalf of the defendant, oppoſed by Ingerſol, for the plaintiff.
Carlisle et ux. verſus Cunningham.
Levy obtained a rule to ſhew cauſe, why a houſe which had been delivered to the plaintiffs on a liberari facias, that iſſued in this cauſe, ſhould not now be ſurrendered to the vendee of the defendant, upon his bringing into court, the principal, intereſt, and coſts.
On the 9th of Auguſt, Lewis and Sergeant ſhewed cauſe, and the rule was diſcharged; the Court being unwilling to go into the matter in a ſummary mode, upon mere motion, and expreſſing their diſlike of the ampliare juriſdictionem. The principal queſtion was, therefore, left undetermined.[1]
- ↑ This motion was made when houſe rent was riſing very rapidly, and the defendant’s houſe, in the preſent inſtance, was extended at a very moderate valuation: the reſidue of the term was, therefore, a great object to both parties. I have not heard, however, of any other attempt being made by the defendant; but, I think, the Court recommended the ſcire facias ad computandum, which iſſues in England, where a tenant by Elegit holds over, after being ſatiſfied for debt and coſts.
