Common Pleas.
Before a Full Bench.
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MARCH as-DrcmIoss- Charles Fl Doughrfy vs William
r. Muir and Henry ID. HH-On the former argument Of
this cause the case decided on the suppostion that
the plaintiff had declared upon the note in controversy
and that the plea OF the defendant applied to such notes
but examination, the Court find the narration is on
the counts and the note is not specially declar
ed The general plea in this h that the causes OF
action in the declaration were not owned by paintif a.
the commencement Of this suit This is immaterial. All
Of action except negotiable paper must be sued
in the Of the person with whom the contract was
made We therefore think the plea is bad and the plain
tiff can take the advantage Of it demurrer. 1t might
have been stricken out moton, such application
had been made


Ho,atio Dor and Henry ". Chandler, ads. Stephen s
Johnson Judgment fer plaintiff demurrer, with liber
ty defendants to amend the plea payment Of costs


David ". ICES and Charles W. .Adams, ads Jas S,oan
and Drake-The question in this is whether the
defendant who made the admssion is sufficiently ident
isd7 Although the defendant'stesmony may admit o.
some question: yet there was sufficient proof to carry it
to the ury and the Court of opinion that they de-
cided properly. Verdict confirmed, with costs


.antheny b. Fountain ads: Charles P.ppleon-In thi,
defendant special deputy of the Sheriff. and
employed such for the purpose Of making an arrest
which he effected. Motion Tor new trial denied, on the
ground that the Judge ought TO have put the question to
the Jury whether the defendant rendered services @ IN
individual in his prvae.cspacy out of the county? And
also the question: to the value of such services New
trial granted, with costs to abide the event.