In Va assignee need not sue sheriff for
malfeasance, but assignor may, 280
Nulla bona returned will not support
action, if assignee knew of property
which might have been taken, 2-0
Not even if obligor had taken insol-
vent's oath,
280-81
Assignee need not take obligor's per-
281
If he do, he must be discharged be-
fore assignor is sued,
281
If discharged improperly, assignee
must first sue sheriff,
281
How if assignee have lien on debtor's
property, as land,
281
How if mortgage doubtfully sufficient
for debt,
281
79. Action on assignor's implied con-
tract, or guaranty.
In Pa., assignee must use due dili-
gence against obligor, before pro-
ceeding on assignor's guaranty; what
is due diligence,
281-2
In N Y., Pa., Va. and Ky., assignor's
guaranty is a personal contract, not
transferrible,
What relief in equity; what to re-
mote assignee,
283
283-4
Provisions in Code Va.
80. ACTION ON PROMISE TO GUARANTY.
Letters of credit are general and spe.
cial; who may act on each, 284
What they guaranty,
284
What consideration needed between
giver and receiver of guaranty, 281
How if note quarantied before passed,
and how if after,
285
Guaranties as to goods, business, &c;
their objects and meaning, 291-2
Cases discrepant and different rules
suggested,
285-6
Intent of parties the rule now follow.
ed; how ascertained,
286-7
How as to letters of credit,
But if no notice given, he may shew If legal, its rejection gives action for
damage from the failure, or impeach
claim,
Whether legal, and how far, see Pro-
mises, action on, no. 9, and 316-22
contingency contracted against forced See Seamen and Servants.
party indemnified to pay, 301-2
But not costs of hopeless defence,
15. For enticing away one owing service.
Mere protector of wife driven from Common law action for enticing away
564-5
Whether for wrong not meant to in-
jure,
565
Whether right of action against others
exempts deft.
565
Contract broken must be reciprocal,
Action for crim. con. ; proof,
How if previous separation,
10. MASTER'S OR FATHER'S ACTION.
Injury to servant gives action,
When to master and when to ser- Whether the action lies except in case
Loss of service need not be proved 16. Against one harbouring or employ
in England,
So in Mass., and generally in U. | Forfeiture by Code Va. for such act;
S.,
11. Father's action for daughter's se-
duction.
Loss of service the ground of action
in England,
556-7
When maintained, though daughter
over 21 and living apart from fa-
⚫ther,
557-8
But not if another's servant; secus
if deft. hired in order to seduce,
558-9
How daughter's service inferred; no
proof needed, if living with father,
557, 9
How damages increased or diminished,
559
also, damages,
567
In S. C. and La., value recovered if
slave killed while employed without
owner's consent,
567-8
17. Abducting slave, or abetting his
flight.
Action for damages,
568
Statutory actions in Va. and Ky., 568
AGAINST A JUDGE, JUSTICE OR CLERK
18. Against a judge.
Judge having jurisdiction not liable for
error of judgment,
569
How if he take jurisdiction on false
evidence,
569
Liable for jurisdiction assumed by mis-
take of law,
569
|