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vice must be proved. — Hoye v. Penn,
29; Taylor v. Gordon, 132.
It is enough if an affidavit to an answer
be as positive as would sustain a prose-
cution for perjury. — Coale v. Chase, 137.
The origin, powers and duties of trus-
tees appointed by the court to sell pro-
perty. --Gibson's case, 139.
Notice of an order nisi for the ratification
of a safe under a decree directed to be
given by advertising in a newspaper,
and also by setting up at the courthouse
door. — Ex parte Margaret Black, 142.
When a ease is set for hearing on bill and
answer, all the facts stated in the an-
swer, as well those in avoidance as
those responsive, must be taken to be
true. — Estep v. Watkins, 488.
The plaintiff may set the case down for
hearing on bill and answer, because he
thereby admits every fact contained in
the answer to be true. — Paul v. Nixon,
201.
Where a matter can only be brought be-
fore the court by petition, if the facts
therein set forth be not denied on oath
they must be taken to be true. — H. K.
Chase's case, 212.
If a defendant pleads and answers to the
same matter his answer overrules his
plea; and the same principle holds in case
of demurring and answering, or demur-
ring and pleading to the same part, 217.
An answer sworn to before a justice of
the peace in the District of Columbia,
who was certified to be such at the time,
received. — Lingan v. Henderson, 240.
A certificate of the printer that an order
of publication was published as directed
deemed sufficient, 240.
An order that a commission issue unless
by a day the opposite party name and
strike, 240.
It must be shewn by the bill, that the de-
fendant is a nonresident, or that the
case is such as to authorize an order of
publication instead of a subpoena, 245.
An order of publication, as the substitute
of a subpoena, is passed as of course, and
is taken at the peril of the plaintiff, 245.
An order of publication must go against
the wife as Well as the husband, or she
will not be bound, 246.
A defendant cannot object before the com-
missioners that the evidence is not such
as is required by the statute of frauds, 243.
An auditors report confirmed directing an
application of the proceeds with a propor-
tion of interest. — Wells v. Roloson, 456.
Money brought in and deposited in bank
as usual cannot be drawn out but by a
special order, 457.
A commission to audite accounts may go
to any place most convenient to the
parties. — Dorsey v. Hammond, 465.
After a claim has been submitted and re-
jected, the order will not be rescinded
to let in new proof upon any ground
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which would not warrant a bill of re-
view at a rehearing, 473.
Notice of the hearing of contested claims
in a creditors suit may be given by pub-
lication. — Spurrier v. Spurrier, 476.
Proof of the publication of an order for
creditors to come in, of an order of
ratification nisi, Etc. may be made by
the printer's certificate, or by the pro-
duction of the newspapers, 475.
Where the chancellor doubts the fact or the
testimony is obscure, an issue may be sent
out to be tried. — Fornshill v. Murray, 485.
The act of 1820, ch. 161, does not apply
to abatements after a decree; such
cases may be revived by subpoena scire
facias. — Alien v. Burke, 544.
After the return of a subpoena scire facias,
the case may on motion be ordered to
stand revived, 546.
The act of 1820, ch. 161, gave a new
mode of proceeding only in those cases
where a proper bill of reviver will lie. —
Griffith v. Bronaugh, 547.
The mode of taking the answer of an
adult or infant defendant. — Snowden v.
Snowden, 550.
The mode of proceeding by publication
against a nonresident infant defendant
Surd v. Greenleaf, 556.
The origin, nature, and extent of the rule
which may be laid calling on the plain-
tiff to give security for costs. — Mayer
v. Tyson, 561.
The sufficiency of an injunction bond
may be objected to, and further time
allowed to put in good security. — Bil-
lingslea v. Gilbert, 566.
The form of a commission to make parti-
tion of lands under the act to direct
descents. — Hughes' case, 47.
The sheriff to execute a summons for wit-
nesses to appear before commissioners
to take testimony. — Bryson v. Petty, 182.
The form of a subpoena scire facias to re-
vive. — Alien v. Burke, 546.
PRINCIPAL AND INCIDENT.
A gift, assignment, or bequest of the
principal, carries with it all its benefi-
cial incidents. — Iglehart v. Armiger, 524.
PRINCIPAL AND SURETY.
Mere delay without fraud or collusion can-
not affect the rights of a creditor against
either principal or surety. — Hoye v.
Penn, 80.
Where two or more are equally or jointly
liable either as principals, or as sureties,
the property of each may be directed to
be sold in the first instance, so as to cause
the burthen to bear upon each in due
proportion, 32.
In ordinary money bonds there being no dis-
tinction between principal and surety, and
being alike bound, a case can rarely occur
in which the one who is in fact surety may
be discharged because of the laches of the
obligee. — Hoffman v. Johnson, 105.
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