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![handle is hein.slavery/ssactsengr0027 and id is 1 raw text is: JARRETT 1'. DILLON
bank notes as far as it was possible to make such a tender on account of the fractional
sum. But
The Court said that the objection, which however was stricti juris, must prevail.
Rule absolute.
Giles in support of the rule.
Partither against it.
,ARRETT agains I)I.oN. Friday, Nov. 14th, 1800. The plaintiff in an affidavit
to hold the defendant to bail must give hiniself all addition, otherwise the
defendant will be discharged oil common bail.
A rlle was obtainled calling ol the plaintilf to shew cause why a common apliar
ance should not be entered for the defendant upon thil defect, of the affidavit oin which
he had been hohlen to bail, iii which the plaintiff wits merely described as of such a
place, without giving himself any addition nf q-tate or degree. This objection was
g'ronIded on tie rule of CoUrit of Mich. 15 Car. 2, 1663, whereby It is ordered that
the true place of abode and the true addition of every persoi who shall make aflidavi t
in Court here shall b)e inserted ili such atlidavit.
Erskine and Barrow shewel cause against the rule ;st, because the rule only
applied to an affidavit made in [19] a cause in Court, whereas an atiday't to hold to
bail was only iii the nature of process to bri ig the party in, 2dly, it was not coni-
petent to the defendanlt to take any ,1 ojection to any proceeding in the cause till lie
had appeared in Court according to the condlition of the bail bond by putting iii good
bail after which if the objection were well founded lie might avail himself of it in
discharge of his bail (a). But
The Court said that the rule of Court ill question had always beei actedi upon in
this iustance as well as iii others : and it was important to preserve the settled form
of proceedigs ; and that no atlidavit should be received without such addition. That
this had probably been required in conformity to the statute of additions 1 lien. 5,
c. 5, which made such additioi necessary iu all original writs of actions personal
appeals and indictnients ; al i eriniinal cases any defect of this kind was still iatter
of error (h,).
liuile absolute.
i,,Lawcs was to have supported the rule.
[20] W\I(mT uelainsi loIwEIr 11NTRII. Friday, Nov. 14th, 1800, Money paid
by olle partncr to allother before the bauirulptcy of tie latter, for the purpose
of beilig paid over as his liquidated share of a debt to their joint creditor, if it
he not so applied is lrovealle as a debt under the cornin issiol of the bankrupt
paitner ; altho' the solvent partner were not called upon to repay the debt to
the joint creditor till after the bankruptcy of the other. But the solvent partner
may recover from the bankrupt his share of such debt so paid after the bank-
riuptey to the joint creditor, fiotwithstanding the bankrupt has obtained his
certificate. A. engages as a partner in a particular transaction with B., C., and
P., who were before partners - B., C., &. I)., become bankrupts, after which A.
pays a debt due from himself and them to a joint creditor ; held that these three
partlll's coistituted but one debtor to A., and that he might recover from B.
the proqportion of B., C., anl 1). towards the joint debt ; B. not having pleaded
in abatement.
This was an issue directed by Ilis Honor the Master of the Rolls for the opinion
of this Court. The action was for money paidl laid out and expended by the plaintiff
for the defendant's use, and for money had ani received by the defendant for the use
(,f the plaintiff. The defendant )leaded 1. the general %sue; 2, a general plea of
(a) In lh'lbh Copiner, s Term Rep. 77, the Court would not admit of an'
objection being made to the affidavit to hold to bail after judgment by default ; but
said that any objeetion of that sort ought to be made in reasonable time after the jr
error committed.
(b) See stat. 8 I. 6, c. 12. 5 Eliz c. 23, and 4 Ann. c. 16, s. 7. But the advantage
is waved by the plea of not guilty. 2 Hale 175. 2 Hawk. ch. 23, s. 25, eb. 25, s. 70.
1 EAST, 19.](ViewImageLocal?handle=hein.slavery/ssactsengr0027&div=1&collection=&method=preview&ext=.png&size=3)