PARTNERSHIP, (Continued.)

The sureties have recourse for indemnity against all the partners. Ib.

A judgment for a partnership debt against only one partner is payable out of
the partnership effects before an individual debt. Ib.

What expenses are to be deducted from the common funds.. Goddard v. Fos
ter, 506.

Where one of several partners is employed as agent the others are not partners
in the business of the agency, and need not join in a suit against the prin-
cipal. Law v. Cross, 533.

PATENT RIGHT.

The surrender of a patent extinguishes it. Moffitt v.

Garr, 273.

Suits brought for the infringement fall with the surrender. Ib.

But moneys paid cannot be recovered back. Ib.

A combination of elements must be proved as an entirety. Vance v. Camp-
bell, 427.

Construction of the 9th section of the act of 1837, and where it applies. Ib.
Evidence of the pre-existence of the invention may be given without notice. Ib.
PLEADING.

On a joint bond all the obligees must sue, if alive. Farni v. Tesson, 309.
But suit may be brought by survivors, if the death of one or more be suggested.
Ib.

Where the condition of a joint bond be not for the joint benefit of all, still all
the legal obligees must sue. Ib.

The non-joinder of a joint obligee is not cured by averring that it is done to
give the Federal court jurisdiction. Farni v. Tesson, 309.

Objection may be made to non-joinder of plaintiff by demurrer on general is-
sue, or on motion in arrest of judgment. 16.

Property a good plea in replevin. Dermott v. Wallach, 96.

A plea merely denying the property of the plaintiff is good in substance. Ib.
The omission of a similiter is not fatal. Ib.

If the plea of property be in, but not tried, judgment will be reversed. Ib.
An omission to join issue upon an avowry for rent is cured by verdict. Ib.
Objection to form of action or pleadings not available here if plaintiff has no
case in any form. Washington v. Ogden, 450.

PRACTICE.

The court may award a certiorari at the third term, but will not postpone the
cause. Clark v. Hackett, 77.

Writ of error will be dismissed if no citation served. Bacon et al. v. Hart, 31.
Service of citation on defendant's counsel good. Ib.

But not on his executrix or his partner. Ib.

Where one party in a pending appeal buys out the other, the appeal will be

dismissed. Cleveland v. Chamberlain, 419.

If this be done to affect persons, not parties, it is punishable as a contempt. Ib.
The third parties sought to be injured will be heard to show it. Ib.
Where the judges of this court and the Circuit Court are both equally divided,

the bill is to be sent down and dismissed. Silliman v. Hudson River
Bridge Company, 582.

PRACTICE, (Continued.)

The judges of the Circuit Court cannot certify a division on the question
whether evidence is sufficient to prove the averments. Ib.

A bill of exceptions to the rejection of a witness need not state that the wit-
ness was material. Haussknecht v. Claypool, 431; Vance v. Campbell, 427.
Power of the court to make rules of practice. Steamer St. Lawrence, 522.
The court cannot thereby enlarge or diminish its jurisdiction. 1b.
Rules are prospective in their operation. Ib.

On appeal, the Circuit Court may modify other decrees of the District Court
not appealed from between the same parties and relating to the same
matter. The Water Witch, 494.

A party benefited by such change cannot complain of it. Ib.

The court will not dismiss a writ of error to the Circuit Court on the ground
that no error appears on the record. Hecker v. Fowler, 95.

A bill of exceptions should contain only what is necessary to raise the legal
question. Johnston v. Jones, 209.

If it excepts generally to a series of propositions laid down by the court, any
one of which is true, the bill is overruled. Ib.

The discretion of the judge who presides at the trial must regulate and limit
the cross-examination of witnesses. Johnston v. Jones, 209.

So, also, as to the time and order of introducing evidence. Ib.

In admiralty, objection to a witness must be made at hearing. Nelson v.
Woodruff, 156.

What objections cannot be made to a deposition where the opposing proctor
knew it was taken. Ib.

This court will not reverse a decree in admiralty for a supposed mistake of
fact, unless the mistake be clear. Ship Marcellus, 414; The Water
Witch, 494.

The judge may disregard written points, if he charges rightly. Law v. Cross,
538.

RAILROAD COMPANY.

Where a county through which a railroad may pass is authorized to subscribe
stock, this includes any county lying between the termini.
Woods v.
Lawrence County, 386.

What irregularities will not be a defence for a county against bonds given by

commissioners. Ib.

RIPARIAN RIGHTS.

The right of a riparian owner to accretions depends on the condition of the
land at the date of his deed, and not at the date of a title bond under
which he procured it. Johnston v. Jones, 209.

Riparian owners have a right to build piers, &c. Dutton v. Strong, 23.

Extent of the right. Ib.

Presumption is that they are not a nuisance. Ib.

Distinction between public and private piers. Ib.

Where a pier is private, a vessel cannot be moored to it without the owner's
consent. Ib.

A vessel wrongfully attached to a private pier may be cut loose. Ib.

SALARY.

A register (of Land Office) can retain as compensation only $3,000. United

States v. Babbit, 55.

All over that sum must be paid into the Treasury. Ib.

SALVAGE.

Parties who take in a derelict vessel are entitled to all the salvage. Island
City, 121.

But a vessel is not derelict unless wholly abandoned. Ib.

Where several vessels at different times render separate and meritorious ser-
vice the salvage is to be divided among them. Ib.

Salvage is forfeited if the salvors be guilty of embezzlement or other acts of
bad faith.

STATUTE.

Ib.

A State or Federal statute is to be construed according to the rules of the
common law. Rice v. Railroad Company, 358.

One statute does not repeal another unless it be impossible to reconcile them.
Mc Cool v. Smith, 459.

In American statutes generally, terms well known in the English law must
be interpreted according to that law. Ib.

SURETIES OF PUBLIC OFFICERS.

Are chargeable only with moneys received by their principal while in office,
and must be credited with all he has paid. Bryan v. United States, 140.
Not chargeable with a draft which was not paid until the principal went out.
Ib.

Transfer by the Government to an agent of the officer will not affect his sure-
ties. Ib.

SURRENDER.

What is surrender and cancellation of an agreement to sell lands. Washing-
ton v. Ogden, 450.

SURVEY.

See Ejectment, Estoppel, Land Law.

TIME.

Where a party has had possession of land for fourteen years under a legal
title, equity will not turn him out. Harkness v. Underhill, 316.

The heirs of a person who died in possession cannot be turned out after sev
eral years, and a rise in the value of the property, by one claiming the
title of a sheriff's vendee, who consented that the heirs should redeem.
Laflin v. Herrington, 326.

Claim for money lent, thirty-three years after the loan, rejected. Rogers v.
Law, 253.

A bill in equity will not lie after twenty years of negligence. Pindell v. Mul-
likin, 585.-

USURY.

What it is, and what it is not. Hogg v. Ruffner, 115.

WILL.

Construction of a will which forbade legatees to claim anything under certain
deeds on penalty of forfeiting their legacies. Rogers v. Law, 250.

Legatees must accept testator's bounty cum onere. Ib.

WRIT OF ERROR.

Writ of error under Sec. 22 of the judiciary act will not lie unless the matter
in dispute exceed $2,000 in value. Pratt v. Fitzhugh, 271.

This means a property value. Ib.

Therefore it will not lie to an order on a habeas corpus discharging a party

from arrest. Ib.

WRIT OF PROHIBITION.

Does not lie in a criminal case from this court to a Circuit Court. Ex Parte
Gordon, 503.