Page:United States Statutes at Large Volume 18 Part 2a.djvu/101

 96 DISTRICT OF COLUMBIA. Brooke ce. Pe · grant a new trial upon exceptions, or for insumoient evidence. or for '°“» 1 P“"°b·  excessive damages; but such motion shall be made at the same term at Q?;,,;??,; ,",3$},‘{,,'§; which the msi was ned. C. C'., 152; Brent ve. Coyle, 2 Cranch, C. C., 348; United States va. Wood, Wash. Law Rep., v. 1, No. 25, p. 142. Appeal ee gen- Sec. 805. When such motion is made and heard upon the minutes; an appeal to the general term may be taken from the decision, in which ,,,3£g°Q,°l}a186‘l;6:‘ case a bill of exceptions or case shall be settled in tho usual manner. éwann•vs.D’owio, 2 Crunch, C. C., 221; Turner vo. Foxall,2 Crunch, C. C., 324; Lloyd vc. Scott, 4 Cra¤ch,C. C., 206. Motion rm- new Sec. 806. A motion for a new trial on a case or bill of exceptions, Wm *0 *>°h°¤*’d *'* and an application forjudgment on a special verdict or a verdict taken “°“°'“l °°"“‘ subject to the opinion of the court, shall be heard in the first instance Ibm_ s_,,_ at a general term. Banlt of Metropolis va. Walker, 2 Crunch, C. C., 361. Trials when au- Sec. 807. When, at any term of the court, a jury shall be impaneled ether Mm i¤°°*'· to try any cause or any issue or issues joined in any cause, and it shall ""°" happen that no verdict shall be found, nor thejury otherwise discharged 16 Feb., 1853, c. before the day appointed by law for the commencement of the next suc- 76» V- l°» P- 160- ceeding term, the court shall proceed with the trial by the samejury in every respect as if such term had not commenced; and all subsequent proceedings to final judgment, if such judgment shall be rendered, shall be entered and have legal effect and operation as of the term at which the jury shall have been impaneled. P¤‘<>¢=¤¢d?¤s• *° Sec. 808. The proceeding to enforce any lien shall be by bill or peti- °“f°"°° “ l‘°"· tion in equity, and the decree, besides subjecting the thing upon which 22 Fen., 1867, c. the lien has attached to the satisfaction of the plainti|}"s demand against 64. ¤- 10.1*-l4.1>· 404- the defendant, shall adjudge that the plaintif recover his demand against the defendant, and that he may have execution thereofas at law. _ Ficticvpin plead- Sec. 809. All iictions in the pleadings in the action of ejectment “‘¤° ""°l"l‘°“· within the District are abolished; and all actions for the recovery of ‘ 1 June mo C real estate shall be commenced in the name of the real party in interest, uM_ 1,vj6_ p_ {,,6; and against the party claiming to own or be possessed thereof. McCormick’s Lessee us. Ma der, 2 Cranch, C. C., 221 ; Lynn vs. Hull, 2 Crunch, C. C., 52; Whetcroft oa. Burford€l21Cranch, C. C., 96; Waters va. Bassord, 2 Crunch, C. C., 226; Denealc va. Young,2 Cranch, C. C., 418; Janney vs. Smith, 2 Cranch, C. C., 499. Set-¤¤`¤· Sec. 810. Mutual debts between the parties to an action, or between Q2 F,,,,"" 1867, ,,_ the testator or intestate of both parties, or either party, may be set oil' 64,s. 6, v. 14, p. 403. again theach other by plea in bar, whether the said debts be of the same or a different nature; and if either debt arose by reason of a penalty, the exact sum to be set off hall be stated in the plea. Form of plea of Sec. 811. The plea of set-off may be: “That the plaintid, at the com- °°*‘°m mencement of the suit, was, and still is, indebted to the sum of — Ibid., s. 6. dollars, for —-, as appears by the particulars of said debt, hereunto annexed; and he is willing that the same may be set of against the plaintiil’s demand." ,m,g:gé='H'::•* f°’ Sec. 812. And upon the trial of an issue upon a plea of set-off, judg- .;__ ment shall be for the balance found due, whether to the plaintid or Ibid- defendant, with costs. M ¤ tu n1 j¤¤¤- Sec. 813. Mutual jndments recovered in the court may he set oil' ji against each other, on motion of either party; and the court shall award Ibid. enggution for the balance found due against. the party chargeable therewi . 0flf,°°l;;*;::‘:,j“f°m Sec. 814. The declaration in replevin shall be in the following or ttm equivalent form: “_The plaintiff sues the defendant for (wrongly taking 6422 g°`l:·i4186§0g· and detaining) ( unjustly detaiuing) his, said plaintifi’s, goods and chat- that the same be taken from the defendant and delivered to him ; or, if they are eloigned, that he may have judgment of their said value, and all inesue profits and dmnages, which he estimates at 3-, besides costs.”
 * °‘ ’*P‘ ‘ tels, to wit: (describe them) of the value of $1-. And the plaintiifclnims