BANKRUPT.

See ACKNOWLEDGMENT.

BILLS OF EXCHANGE AND PROMISSORY
NOTES.

1. In Virginia, it is not necessary, in all cases,
to sue the maker of a promissory note to en-
title the holder to an action against the in-
dorser. Clarke v. Young.....
*181
2. If a promissory note of a third person be
indorsed by the purchaser of goods to the
vendor, as a conditional payment for the
goods, quære, whether the vendor is, in any
case, obliged to sue the maker of the note,
before he can resort to the purchaser of the
goods, on the original contract of sale?....Id.
3. A suit against the defendant as indorser of
the note, and a suit against the defendant for
the goods sold, are upon distinct and differ-
ent causes of action; and the first cannot be
pleaded in bar of the second..
...Id.

4. It is not necessary for the plaintiff, to offer
to return the note, to entitle him to bring
.Id.
suit for the goods sold.....
5. A declaration in debt, upon a foreign pro-
tested bill of exchange, for the principal, in-
terest, damages and costs of protest, inder
the act of assembly of Virginia, must aver
the amount of those costs of protest. Wil-
son v. Lenox....

.*195

the

6. Quare? Whether the indorser is discharged,
if, after the notice to such indorser of non-
payment by the drawee, the holder charge
the bill in account-current against
drawer, and upon the whole of that account,
the balance due is less than the amount of
the bill?.....
...ld.
7. Whether the indorser, after due notice, is
discharged by the holder's receipt of part of
the money from the drawer?............. ...Id.
8. Whether it is necessary to aver a protest
for non-acceptance, in an action on protest
for non-payment?..
...Id.
9. Whether the drawer is a competent witness
for the indorser, in an action against the lat-
ter. (a)....
....Id.
10. Whether protest for non-payment of a
foreign bill of exchange must be made on the
last day of grace? Fenwick v. Sears...*260
11. Whether the reasonableness of notice be
matter of fact or matter of law ?.........Id.
12. Whether, on the count for money had and
received, notice of non-acceptance and of
non-payment be necessary to charge an in-
dorser, who knew, at the time of indorsing,
that the drawer had no right to draw?....Id.
13. In Virginia, an indorsee of a promissory

1. The supreme court of the United States has
not power to issue a mandamus to a secre-
tary of state of the United States, it being an
exercise of original jurisdiction, not warrant-
ed by the constitution, nothwithstanding the
act of congress. Marbury v. Madison.*137
2. An act of congress repugnant to the consti-
tution cannot become a law........ Id. *176
3. The courts of the United States are bound to
take notice of the constitution.....Id. *178
4. A contemporary exposition of the constitu-
tion, practised and acquiesced under, for a
period of years, fixes its construction. Stuart
v. Laird.
*299

5. Congress may constitutionally impose upon
the judges of the supreme court of the United
States the burden of holding circuit courts.Id.

CONSTRUCTION.

See ACT OF GOD: CONSTITUTION, 4.

CONTRACT.

See ADMIRALTY, 10: AGENT, PUBLIC: BILLS OF
EXCHANGE, 22: CHOSE IN ACTION.

CONVENTION WITH FRANCE.
See ADMIRALTY, 18.

COPY.

1. The keeper of a public record cannot refuse
a copy to a person demanding it on the terms
prescribed by law. Marbury v. Madison.*60

CORPORATION.

1. Quare? Whether an action on a policy of in

2. Quare? Whether nil debet is a good plea
to an action of debt founded on a judg-
ment of a court of one of the other
states....
.......Id. *285, 286
8. The declaration must be for the whole debt;
a declaration for part must show that the
residue is satisfied..
.Id.
4. Debt will not lie upon a promissory note, in
*343
Maryland. Lindo v. Gardner...
5. Will debt lie upon a promissory note? Ap-
*464
pendix.....

See BILLS OF Exchange, 5.

DEBTOR.

1. A debtor may prefer one creditor to an-
other, and convey goods to him in discharge
of his debt. Wood v. Owings..... *244
See ABSENT DEBTOR: FRAUD: INSOLVENT
DEBTOR.

DECLARATION.

See BILLS OF EXCHANGE, 1, 2, 3, 4, 5, 8, 15, 21:
CITIZEN: CORPORATION: DEBT, 3, 4.

ENTRY OF LANDS.

See KENTUCKY, 1, 3.

EQUITY.

1. Subpana in equity must be served 60 days
before the return day. If the defendant,
upon such service, shall not appear, the
complainant may proceed ex parte. Rules of
Court.....
......*xviii.

2. It is not error to reject, as incompetent, ad-
missible testimony tending to prove a fact
not relevant to the case before the court.
Turner v. Fendall....
.*117, 132
3. Quare? Whether, in a case where there is
no jury, a judgment ought to be reversed for
the rejection of testimony which was admis-
sible in law; or whether the cause, in the ap-
pellate court, should be considered as if the
testimony had been received?...... Id. *132
4. Writ of error, how to be returned by the
clerk below. Rules of Court... .*xviii.

5. If the writ of error issue within 30 days be-
fore the meeting of the court, the defendant
in error may enter his appearance, and pro-
ceed to trial, otherwise the cause must be
continued?...
...Id. *xviii
6. Where the writ of error appears to be
brought for delay only, the judgment shall

1. Proceedings before magistrates in cases of
insolvent debtors, under the laws of Virginia,
are matters in pais, and may be proved by
parol testimony. Turner v. Fendall. ..*132
2. A commission is only evidence of an ap-
pointment. Marbury v. Madison......*178
3. Quare? Whether the drawer is a competent
witness for the indorser, in an action against
the latter? Wilson v. Lenox... ...*195

4. The want of possession of goods by the ven-
dee, under an absolute bill of sale, is not
merely evidence of fraud, but is a circum-
stance per se which makes the transaction
fraudulent in point of law. Hamilton v. Rus-
sell
.*309

5. Evidence on motion to discharge bail, must
be by deposition, and not vivâ voce. Rules
of Court.....
.*xviii.

See ADMIRALTY, 5, 6, 12: ERROR, 2, 3.

EXCEPTIONS, BILL OF.

See BILL OF EXCEPTIONS.

EXCHANGE, BILLS OF.

See BILLS OF EXCHANGE.

EXECUTION.

Id.

1. Money made on a fieri facias does not be-
come the goods and chattels of the plaintiff,
until it has been paid over to him; while it
remains in the hands of the officer he cannot
apply it to the satisfaction of another fieri
facias against the former plaintiff. Turner
v. Fendall...
.*117, 136
2. By the command of the writ, the officer is to
bring the money into court, there to be paid
to the plaintiff.....
3. In Virginia, on a motion against a sheriff
for not paying over moneys by him collected
on execution, it is not necessary that the
judgment against the sheriff should be ren-
dered at the next term succeeding that to
which the execution has been returned... Id.
4. Money may be taken in execution, if in pos-
session of the defendant.
Id. *134
5. Although the creditor should have been dis-

charged under the insolvent act of Virginia,
yet the motion against the sheriff for not
paying over moneys made on a fieri fa
cias, must be in the name of such cred-
itor..
...Id. *182

FACTS, STATEMENT OF.
See ADMIRALTY, 11: APPEAL, 2.

FIERI FACIAS.

See EXECUTION, 1, 2, 3, 4, 5.

FINES AND FORFEITURES.
See COLUMBIA DISTRICT, 8.

FORTHCOMING BOND.

See BOND, FORTHCOMING.

FRANCE.

See ADMIRALTY, 11, 18.

FRAUD.

JUDGMENT.

See ASSUMPSIT, 8: OFFICE JUDGMENT.

JUDICIARY.

1. A cause may, by act of congress, be trans-
ferred from one inferior tribunal to another.
Stuart v. Laird.....

.*299
2. Congress may constitutionally impose upon
the judges of the supreme court of the
United States the burden of holding circuit
courts..

Id.
3. The courts of the United States may declare
an act of congress to be unconstitutional.
Marbury v. Madison.....
...*137

JURISDICTION.

1. The supreme court of the United States has
not power to issue a mandamus to a secre-
tary of state, it being an exercise of original
jurisdiction not warranted by the constitu-
tion. Marbury v. Madison..... .*137
2. Congress have not power to give original ju-
risdiction to the supreme court, in oth
cases than those described in the constitu-
tion..
.Id.
3. It is the essential criterion of appellate juris-
diction, that it revises and corrects the pro-
ceedings in a cause already instituted, and
does not create that cause.. ...Id. *175

4. To give jurisdiction to the courts of the
United States, the pleadings must expressly
state the parties to be citizens of different
states, or that one of them is an alien. It
is not sufficient, to say that they reside in dif-
ferent states. Abercrombie v. Dupuis...*343
5. The plaintiff in error may show by affidavit
that the matter in dispute exceeds $2000 in
value. Rules of Court....

See ERROR, 1, 7.

JUSTICE OF PEACE.
See COLUMBIA District, 1.

KENTUCKY.

.*xviii

LANDS.

See KENTUCKY.

LAWS, FOREIGN.

See ADMIRALTY, 5, 6.

LETTERS PATENT.

1. Delivery is not necessary to the validity of
letters-patent. Marbury v. Madison...*178

LIMITATIONS.

1. Quare? Whether the statute of limitations
can be given in evidence on the plea of nil
debet? Lindov. Gardner, *343; App'x. *463

MANDAMUS.

1. The supreme court of the United States has
not power to issue a mandamus to a secretary
of state of the United States (notwithstand-
ing the act of congress), it being an exercise
of original jurisdiction, not warranted by the
constitution. Marbury v. Madison.....*137
2. Congress has not power to give original ju-
risdiction to the supreme court in other cases
than those described in the constitution.. Id.
3. An act of congress, repugnant to the consti-
tution, cannot become a law.......Id. *176
4. The courts of the United States are bound
to take notice of the constitution... Id. *178
5. A commission is not necessary to the ap-
pointment of an officer by the executive.
Quare?......
.Id.

6. A commission is only evidence of an ap-
pointment.
.Id.

7. Delivery is not necessary to the validity of
letters-patent.
..Id.
8. The president of the United States cannot
authorize a secretary of state to omit the per-
formance of those duties which are enjoined
by law...
..Id. *160

.....

9. A justice of peace in the District of Colum-
bia is not removable at the will of the
president..
..Id.
10. When a commission, for an officer not
holding his office at the will of the presi
dent, is by him signed and transmitted to
the secretary of state to be sealed and re-
corded, it is irrevocable; the appointment is
complete...
......Id.

11. A mandamus is the proper remedy to com-
pel a secretary of state to deliver a commis-
sion to which the party is entitled..Id. *137
12. When a commission for an officer is signed
by the president, the appointment is com-
plete....
.....Id. *157, 162
13. Neither the delivery of the commission,
nor its transmission to, nor actual receipt