Questions and Answers on Law: Alphabetically Arranged, With References to the Most Approved Authorities, Vol. 5 (Classic Reprint)

Harrison v. Agricultural Bank. 2 Smedis Marshall's R. p. 307. (1844.) An amendment of a writ after service, and without leave of the court is illegal, but if it be afterwards assented to by the defendant it can no longer afford any legal objection to the further prosecution of the writ. Marine Bank v. Hervey 21 Maine R. p. 38. (1843.) Where a new trial is granted on motion of a plaintiff in ejectment; will the court at the same time give him leave to amend by inserting the names of additional plaintiffs, with proper counts? It will, if reasonable grounds be shown. Martin v. Lake, 3 Hill 475 (1843.) ANNUITANT. Where the amount to be paid to an annuitant is allowed by the will to be increased at the discretion of the executor, the court will not interfere to compel any such increase where he does not act mal a fide. Nor can he be compelled to continue any increase which he may at one time have volunteered. Mason & Jones, 3 Edwards' Ch. R. 497. (1843.) APPEALS. The Court are bound to disregard extraneous matters, if a justice return such, on an appeal. Wood v. Randall, 5 Hill, 264. (1844.) See also appeals from Justices Courts, Moon v. Eldred, 3 Hill, 104 (1843.) Miller v. Woodworth, 3 Hill, 529. (1843.) In New York, under theS tatute (2. R. S. 259, S. 189) the sureties in an appeal bond, are not liable beyond the amount of the penalty though the judgment obtained against the appellant in the common pleas exceed the amount of the bond; and the proceedings against the sureties on the bond will, on paying the amount of the penalty with the costs into court, be stayed. Culier v. Greene, 4 Hill, 570. (1843.) If a party appeals by obtaining an order to stay proceedings pursuant to Statute (Sess. laws of 1832, p. 189, Sec. 4,) instead of giving security, he does so at the peril of losing his right to prosecute the appeal on a revocation of the order. McKim v. Manuaring