clusive on him in a controversy with a third person, in which such prime
cost comes in question? Loreaux v. Mange,

2. Or between partners in like case?

317

DAMAGES.

1. In trespass for an encroachment, by the defendant's wharf, on the plain-
tiff's water lot, the current value of the part in the defendant's possession
will be the rule of damages. Arden v. Kermit,

112

2. In an action on the case, for enticing away the defendant's servant, the
general rule of damages is the value of the service during the time the
servant has been in defendant's employ. Dubois v. Allen,
128

3. But the jury may, in certain aggravated cases, give the whole value of
the servant by way of damages.

ib. n.

4. In trover, the rule of damages is the value of the article at the time of
couversion. Baldwin's Adm'rs v. Hurvey,

214

5. The jury may also give damages for the detention.

ib. n.

DEBT.

1. In debt or bond, payment of interest must be pleaded. Livingston v. Ro-
main,

199

2. When solvit ad diem, solvit ante diem or solvit post diem, shall be the pro-
per plea.
ib. n.

DEMURRER.

1. Judgment on any of the counts in a declaration, on demurrer by one of
several defendants, enures to the benefit of all. Dillinger v. Crabtree, 385

DEMURRER TO EVIDENCE.

1. Demurrer to evidence: its nature, and how conducted at Nisi Prius.
Lewis v. Few,
102

DISCOVERY.

1. When the correspondence of a party is produced on a petition for a dis-
covery, the whole must be read to the jury; it is not competent to the

party, who has so procured it, to read detached parts. Raymond v. How-
land,

308 and. n.

DISSEISIN.

1. What shall be a disseisin. Arden v. Kermit,

112

2. A tortious entry on land. and erecting improvements thereon, amounts to
a claim of title, and constitutes a disseisin. Smith ex dem. Teller v. Bur-
tis,
152 and n.

3. Five years' possession by a disseisor, and a descent cast, tolls the entry of
the disseisee, and the possessory right of the plaintiff in ejectment is fully
made out, by proof of such possession and descent cast.
ib.

4. By the Code of Procedure, the rule of law that a disseisin and descent
cast tolls the entry, made obsolete. Smith v. Burtis,

154, n.

DISTRIBUTION AND DISTRIBUTIVE SHARE.

1. The jurisdiction of courts of common law, over claims for distributive
shares, and residuary portions of intestate's estate, is statutory; and no
other actions can be maintained upon such claims, but those given by stat.
ute. Ducasse v. Richaud et al.,
191

DIVORCE.

1. Where the plaintiff, having filed a bill in chancery for a divorce, causa
adulterii, suborned a witness to prove the fact, and, upon discovery of this
subornation, withdrew his bill and filed another, charging adultery with
another person, these facts cannot be given in evidence to impeach the
credibility of a witness produced to prove such second act of adultery.
Doe v. Roe,
109

EJECTMENT.

1. An ancient account, in the hand-writing of the ancestor of the lessor of
the plaintiff, found with the title deeds, cannot be received in evidence in
support of the title. Jackson ex dem. Kip v. Murray,
143

2. A memorandum of an agreement for the sale of land, is evidence of a
unity of title to each and every part of such land, as well the part in act-

ual possession, as the part not in actual possession; and, after a long and
undisturbed possession of part by the vendee mentioned in such memo-
randum, the court will presume a deed conformable thereto. Jackson ex
dem. Kip v. Murray,
143

3. The confessions of a tenant in possession, as to his holding, are admissi-
ble evidence after his death.
ib.

4. The demise in ejectment is mere matter of form, and is amendable. Doe
ex dem. Baily v. Smyth,

243

5. It may be amended after the issue is made up, and the cause set down
for trial.

ib.

ib.

7. It may be laid at any time when plaintiff has a right of entry.

ib.

See DISSEISIN, 3.

EVIDENCE.

1. Testimony arising after the commencement of the action, is admissible to
explain facts occurring before the commencement. M'Leod v. Johnston,

25

2. In an action on the case for a false representation of the character and
credit of another, similar representations made by the defendant to other
persons may be given in evidence. Rumsey et al. v. Lovell,
27

3. In such an action, the defendant may give his own character in evidence.
Ut semb.

4. When a party may offer evidence as to his general character.

ib.

ib. n.

5. Books called for by a party and produced, do not become evidence by his
merely inspecting them without asking questions about them. ib. and n.

6. Where a paper is produced under a notice, it is not evidence without fur-
ther proof. The party who calls for it, before he can read it in evidence,
must prove it.
ib. n.

7. And this, whether the instrument be under seal or not; and whether the
person producing it be a party or not.
ib. n.

8. A plaintiff producing a deed, under which he holds an estate, forms an
exception to the rule.

id. ib.

9. In an action by the vendor, against the vendee, for the price of a slave
sold, it is not competent for the vendor to offer evidence of the slave's tor-
feiture of a right to manumission set up by the vendee in bar of the re-
covery. Kettletas v. Fleet,

52

10. Parol evidence of the contents of papers relating to facts collateral to
the issue, is sufficient. Mumford v. Bowne,
56

11. Where facts offered in evidence are only inducement, or collateral to the
issue, parol proof of such matters is sufficient, even where they are sus-
ceptible of proof of the highest nature.
ib. n.

12. In a homine replegiando the confessions of the officers who had the per-
sons claimed as slaves in their custody when the writ was served, cannot
be given in evidence against the person making avowry. Aza et al. v. Eit-
linger,

99

13. Semble, that admissions of agents while performing the act for which the
principal is sued, are admissible in evidence against the principal. ib. n.

14. In an action against the sheriff for a false return, admissions by the de-
puty when remonstrated with by the plaintiff, allowed as evidence against
the sheriff.
ib.
15. In an action for a libel, if the defendant demurs to the evidence, and
contingent damages are assessed, the truth of the charges contained in
the libel cannot be given in evidence, on such assessment, in mitigation of
damages. Lewis v. Few,
102

16. Inadequate performance may be given in evidence upon an implied and
executory, but not upon an express and executed contract. Philips v.
Bruce,

123

17. Under the count for harboring or entertaining a servant, evidence of en-
ticement is not necessary. Dubois v. Allen,
128

18. Comparison of hands not admissible as subsidiary testimony upon the
clashing of parol proof. Huskins v. Stuyvesant,

132

19. The hand-writing of a person, long since deceased, may be proved by
comparison.
ib. n.

20. The allegations of an indorser, after the indorsement, are inadmissible to
show an indorsement of the note after it became due, to let the defendant
in to his equitable defence. Thorne v. Woodhull,

141

21. Subsequent declarations of a party to a sale or transfer which go to take
away a vested right, are not admissible evidence.

ib. n.

22. Parol evidence of an entry admissible, upon, proof of the loss of the
book containing it. Ex'rs. of Beekman v. Ex'rs. of Beekman,

169

23. Where A. holds a single bill made by B., and, after B.'s decease, pays a
sum of money to his executors, as so much money in his hands belonging
to B.'s estate, this is evidence of money had and received, under the no-
tice of set-off, in an action brought by A. on such bill, that A. had retain.
ed the amount of the single bill.

ib.

24. Under an averment of performance, evidence in excuse of performance
is inadmissible. Bruen v. Astor,

185

25. Under a notice of set-off in debt or hond, payment of interest, as so
much money had and received, is inadmissible. Livingston v. Romaine,

199

26. How far want of intention to violate a penal statute is admissible in bar
of the penalty. Sturges v. Maitland,
268

27. Upon a quantum meruit for work and labor, it is competent to the de-
fendant to prove that he received no benefit from the plaintiff's services.
Schureman v. Withers,
230

28. If, however, the action is brought for a specific sum agreed to be paid,
such evidence will be inadmissible without notice.
ib.

29. An exemplification of a registry of a mortgage, recorded in a neighbor-
ing State, cannot be read in evidence; the original mortgage must be pro-
duced. Quay v. Eugle Fire Co.,

30. Declarations in extremis are inadmissible in civil cases.
rum,

237

Wilson v. Boe-

239 und n

31. An independent fact, admitted by the defendant to a third person, au-
thorized by him to attempt a compromise, is admissible in evidence against
him. Mount v. Bogert,
259 and n.

32. Facts, admitted during a negotiation for a compromise, are evidence
against the party making them.
ib. n.

33. All such facts as a party would be compelled to admit in an answer to
a bill in equity, will be received in evidence when made during an attempt
to compromise.
ib. n.

34. Such matters only as are concessions for the mere purpose of making
peace, are rejected.

id.