AN

A

Abatement.

2.

3.

those on which he originally
grounded it. Supplementary af-
fidavits cannot be received, 116.

465

Not even to a collateral fact, 224
How to proceed upon discovery
of new facts after notice, 406
4. When affidavit to support a mo-
tion is made by a third person, a
sufficient reason must be shown
why it was not made by the de-
fendant himself, before the court
will allow it to be read, 465
5. The jurats of affidavits must be
signed by the person before
whom the oath is taken, and it
must mention his office, 468
6. Affidavit of service made by the
attorney, on information from
a clerk who had left the state,
held sufficient,
474
7. Affidavit to support a motion for
judgment as in case of nonsuit,
must be made by the attorney
the defendant, and not by his
clerk ut semb, and must state
that the cause was not tried, 481
8. Affidavit need not be subscribed
by a deponent; it is sufficient
that his name is at the top of it,

for

495

2. A writ may be amended by add-
ing the clerk's name, on pay-
ment of costs,

61

3. A writ of venditioni exponas may
be amended after a second non-
suit awarded for variance be-
tween writ and record,
64
4. As long as the record is before
the court, amendments to which
the party would be entitled as of
course, will be allowed by the
court, on payment of costs, pro-
vided no prejudice thereby ac-
crues to the opposite party, 67
5. The interrogatories filed against

a sheriff on an attachment, may
be amended after the sheriff has
answered them, if the amend-
ment be not to new matter, but
merely to obtain a more full an-

A defendant cannot amend by
adding a new plea,

92

8. Where a plaintiff amends his
narr. after plea pleaded, the
defendant is entitled both to im-
parlance and costs, 96. 231.
9. A count may be amended by the
original writ,

158
10. The declaration delivered to a te-
nant, may be amended before the
tenant's appearance,
228
11. A declaration allowed to be
amended on common terms, six
years after service, by adding
new demises from new lessors,
230

12. Certiorari allowed to be amended
after return, by altering it from
case to debt,
303.
13. A record not amendable after
trial, by inserting an award of a
venire de novo,
14. Query, whether after verdict, de-
claration may be amended by
increasing the damages laid, 337

336

1. When a writ is returned with the
defendant's appearance indorsed,
it is the duty of the clerk, and not
of the attorney, to enter it, and
if he neglects, it may be entered
nunc pro tunc after default en-
tered,
324
2. When an appearance is indorsed
on a writ in vacation, returnable
in a preceding term, and the
plaintiff neglects to file it, the
court, on application, will allow
it to be filed, and appearance en-
tered of a subsequent term, but
not of that in which the writ was
327
returnable, ut semb.
3. Indorsement of appearance on a
writ in vacation, after the day on
which it is returnable, is not a
written agreement within the
meaning of the rule of court, that
the proceedings shall be of that

term,

Arrest of Judgment.,

See Pleading, 5.

ib.

1. The court will grant an attach-
ment, in the first instance, against
a witness, on an affidavit of his
being regularly summoned and
expenses tendered to him, and
on this motion the sufficiency or
insufficiency of the sum tendered
is immaterial, if no objection
was made by the witness at the
time,
121
2. Attachment lies for the costs of
126
putting off a trial,
3. How a party must proceed to en-
title himself to his attachment,

ib.

4. On a rule to show cause why an
attachment should not issue for
contempt of court, the party
ought to appear in person, 301
5. It is sufficient to answer by affi-
davit,
412
6. Attachment for not obeying a
peremptory mandamus refused,
because it did not appear that it

3. If an attorney appear for the defendant as agent, and not as an attorney, and take any steps in such capacity, the court will set them aside, and compel the attorney himself to pay the costs,

75 4. When an action on a note of hand was commenced against T. and C. and T. only taken, who employed an attorney, and afterwards C. takes up the note and pays the plaintiff's costs, T.'s attorney proceeds and obtains judgment as in case of nonsuit, the court will set aside the proceedings, and make the attorney pay the costs of the motion, 76 5. When a compromise takes place between the plaintiff and defendant, and the plaintiff instructs his attorney to stay, on payment of costs; if they remain unpaid, he is entitled to proceed in the action,

115

6. If an attorney does not practise for one year, he loses his privilege, 134 7. Where an attorney in the course of a cause is promoted to the bench, the opposite party on giving thirty days notice to appoint another, may proceed as if no attorney had been retained, 486

8. Where an attorney retains his client's money, on the ground of counter-claims, the court will or.

1. It is requisite if the plaintiff exacts it, that two responsible per. sons should become bail, 59 2. Surrender by one of two bail is good and available for both. If bail are sued jointly, he who is first taken has time to surrender until the last is taken; but if separately sued they may be separately fixed, ib. 3. Court will always relieve bail, on return of the bail-bond writ, 63, 64 4. When the principal is confined

for a felony, and the bail bona fide, attempt a surrender before return of capias which is frustrated, and the principal is afterwards imprisoned for life, the court will enter an exoneretur,