TitleCitationYearSummaryMost RelevantTypeStatus
Ross v. Pines 3 Call 568, Supreme Court of Appeals of Virginia (November 01, 1790) 1790 The only question is, whether, on such a certificate as this, the Court ought to grant a new trial. By one party it is contended, that juries ought not to become mere cyphers; and on the other, that it would be extremely inconvenient to give the Court no control over their verdict. This is true; but, if the Court may continue to grant new trials...   Cases  
Dawson v. Winslow Wythe 114, High Court of Chancery of Virginia (May 01, 1791) 1791 That the defendent, in prosecution of a design to gain and secure to himself a profit illegal and unrighteous, was guilty of fraud, both in tearing the memorandum from one of the bills penal, and in obstructing the plaintiff in the procurement of Henry Garretts bond, mentioned in the memorandum; and that the referees, in deciding the difference...   Cases  
Gadsden's Ex'rs v. Lord's Ex'rs 1 Des. 208, Court of Chancery of South Carolina (July 01, 1791) 1791 The complainants in this case charged in their bill, that they were the only children of Thomas Gadsden, deceased: That the said Thomas was possessed of a considerable estate, both real and personal, and on the 27th of February, 1770, duly executed his last will and testament, and therein provided for the maintenance and education of complainants...   Cases  
Hamilton v. Greenwood 1 Bay 173, Courts of Common Pleas and General Sessions of the Peace of South (May 01, 1791) 1791 Fraud or not fraud, under the whole of the circumstances, is a matter very proper for the consideration of a jury. There is no point clearer, than where a deed is made for the purpose of defrauding creditors, whatever the pretence may be, wherever such intent can be traced out, it is fraudulent, and ought to be set aside. But to say that no...   Cases  
Mably v. Stainback 1 N.C. 33, Superior Courts of Law and Equity of North Carolina (October 01, 1791) 1791 was decidedly of opinion that the word estate comprehended all a man could dispose of, real as well as personal. CURIA ADVISARE VULT. The suit was afterwards taken out of Court. NOTE.--See acc. Sutton v. Wood, post. Foster v. Craige, 22 N. C., 209. See also Tolar v. Tolar, 10 N. C., 74. Clark v. Hyman, 12 N. C., 204.   Cases  
Mayrant v. Davis 1 Des. 202, Court of Chancery of South Carolina (September 01, 1791) 1791 This was a case of great extent, and involved in it many matters of fact, and questions springing out of them, which required the interposition and direction of the court. There was however, but one point decided by the court of sufficient importance to report. It was on the construction of Mr. Neilson's will, as to a pecuniary legacy, bequeathed...   Cases  
Patton v. Freeman 1 N.J.L. 113, Supreme Court of Judicature of New Jersey (November 01, 1791) 1791 In a civil action, parol proof of the confession is proper,; the paper itself is not evidence of a higher nature. But, in addition to this, we are of opinion that no party in a civil suit has a right to call for the written examination taken on a criminal prosecution. It may concern the public interests to prevent its publicity, and to keep it...   Cases  
Peck v. State 1 Root 331, Superior Court of Connecticut (September 01, 1791) 1791 On a petition for a new trial in a criminal prosecution on the ground of new evidence, and before judgment the cause was continued, the prisoner in such case admitted to bail. Petition for a new trial, stating that the petitioner was prosecuted and convicted by verdict of the jury before this court for counterfeiting certain pieces of coined money;...   Cases  
Peck v. State 1 Root 331 (September 01, 1791) 1791 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Pendleton v. Whiting Wythe 38, High Court of Chancery of Virginia (March 01, 1791) 1791 That the demand of the plaintiffs is, in its nature, prescriptible; for the doctrine stated in the bill, that as a trustee, that is, one to whom the management of an affair is confided for the benefit of another, is not discharged, by length of time, from the obligation of accounting for his transactions and administration in and about the subject...   Cases  
Roane's Ex'rs v. Hern 1 Va. 47, Supreme Court of Appeals of Virginia (October 01, 1791) 1791 We will discharge the case from every thing connected with the division made under the order of Essex County Court. There was no suit commenced, and the order was entirely ex parte. It is the proper province of a Court of Equity to decree the specific execution of marriage articles, where the apparent intention of the parties will direct the...   Cases  
Ross v. Norvell 1 Va. 14, Supreme Court of Appeals of Virginia (April 01, 1791) 1791 Parol evidence may be admitted to prove, that an absolute deed was intended to operate as a mortgage. It cannot be laid down as a general rule, that parol proof to contradict a deed, is not to be admitted in any case, or that it is to be admitted in all cases. The reason why twenty years is generally fixed upon as the time, within which an...   Cases  
Shelton v. Shelton 1 Va. 53, Supreme Court of Appeals of Virginia (October 01, 1791) 1791 This was an appeal from the High Court of Chancery. It came on to be heard in June Term 1791; but the questions being of consequence to the parties, and their decision important to the community, the Court, not having a library at hand, or leisure to digest the variety of adjudged cases relied on in argument, took time to consider of it, and...   Cases  
Skipper v. Hargrove 1 N.C. 27, Superior Courts of Law and Equity of North Carolina (April 01, 1791) 1791 Overruled. Bethea v. McLennon, 23 N. C., 533.   Cases  
State v. Farlee 1 N.J.L. 82, Supreme Court of Judicature of New Jersey (April 01, 1791) 1791 The court which issues a writ of error is to decide upon the propriety of it; the court to which it issues cannot examine into the question. Leake had obtained a rule to show cause why a writ of error which he presented should not be allowed, or an appeal granted to the governor and council, upon a judgment of this court on habeas corpus. Boudinot,...   Cases  
State v. Gee 1 Bay 163, Courts of Common Pleas and General Sessions of the Peace of South (December 30, 1791) 1791 No person is entitled to the benefit of the prison bounds, who is not entitled to the benefit of the insolvent debtor's act. This is agreeable to the very letter and spirit of all the acts which have been quoted. The insolvent debtor's law is penned with great caution; and appears, from the preamble, to be intended only for the benefit of those who...   Cases  
Wilson v. Wilson 1 Des. 219, Court of Chancery of South Carolina (July 01, 1791) 1791 The complainant stated in her bill, that being about to be married to Archibald Baird, articles of agreement were entered into between them, by which it was stipulated, that in case she should survive him, and there should be no children of the marriage, she should be entitled to receive during her life an annuity of 700l. sterling, out of his...   Cases  
Buford v. Fannen 1 Bay 273, Courts of Common Pleas and General Sessions of the Peace of South (September 01, 1792) 1792 It is of great importance to keep differe??issues distinct, that the parties in one form of action, may not be surprized by evidence which belongs to another. The evidence which the plaintiff wished to produce, would have been admissible in trespass; but was, I think, properly rejected in this action. Where there has been an unlawful taking, either...   Cases  
Cochran v. Street 1 Va. 79, Supreme Court of Appeals of Virginia (April 01, 1792) 1792 We do not take into consideration the depositions, touching the merits of the cause, before the jury. They were the proper judges upon that subject. As to the unfairness of the trial on the score of surprise, there is no doubt but, that if it were proved, it would afford good ground for granting a new trial, as if the cause were tried out of its...   Cases  
Fannen v. Beauford 1 Bay 235, Courts of Common Pleas and General Sessions of the Peace of South (April 01, 1792) 1792 Where money is to be paid, the obligor is to tender it at his peril; but in cases of mutual covenants, where there are reciprocal duties to be performed by each party, there the party alledging a breach, ought to shew that he was always willing and ready to perform, what, on his part, he was obliged to do. But if, on the contrary, he is not ready,...   Cases  
Gray v. Handkinson's Ex'rs 1 Bay 278, Courts of Common Pleas and General Sessions of the Peace of South (September 01, 1792) 1792 THIS was an action of debt on a bond given for a tract of land. The defence set up was, that the object which Handkinson had in view in the purchasing of the tract of land, was a mill seat which was represented to be on it. The tract was only valuable on that account, being chiefly pine land. Shortly after the purchase by Handkinson, it was...   Cases  
Guerard's Ex'rs v. Rivers 1 Bay 265, Courts of Common Pleas and General Sessions of the Peace of South (May 01, 1792) 1792 COVENANT for damages on warranty for land sold. In 1779, the defendant sold to Guerard two tracts of ??d-one of 1050 acres, and the other of 371 acres, for ??0,000l. currency, which, when depreciated, was equal to ??0l. sterling. Soon after the purchase, Guerard settled the ?? cts, cleared part of the rice land, made several improve??ts and...   Cases  
Hoomes v. Kuhn 4 Call 274, Supreme Court of Appeals of Virginia (April 01, 1792) 1792 The court is of opinion, that this was not a case for relief in equity, upon any of the principles which have hitherto regulated new trials. If Elliot and Roy had been his only witnesses, proper steps were not taken, by appellant, to procure their attendance. For the first was not summoned by him at all, and the subpna for the other, instead...   Cases  
Kennon v. McRoberts 1 Va. 96, Supreme Court of Appeals of Virginia (April 01, 1792) 1792 The principal questions made in this cause were: 1st, what estate the sons Robert and Theodorick took in the lands devised to them; whether in fee simple or for life only? If the former, then the appellees have no title; if the latter, then, 2d. Whether the reversion in those lands passed under the residuary clause to the wife and daughter, or was...   Cases  
Lamb v. Smith 1 Root 419, Superior Court of Connecticut (March 01, 1792) 1792 Interest recovered on a legacy, which was ordered by the testator to be put upon interest. Error to reverse a judgment of the County Court, in an action brought by Smith and wife against Lamb, declaring that David Lamb on the 6th of July A. D. 1771, made his will and gave to his two sons John and the said Lemuel, all his estate after the decease or...   Cases  
Lamb v. Smith 1 Root 419 (March 01, 1792) 1792 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Lynch's Ex'rs v. Horry 1 Bay 229, Courts of Common Pleas and General Sessions of the Peace of South (January 01, 1792) 1792 ON a motion being made in this case to change the venire from Georgetown to Charlestown district. The case appeared to be, that in 1775, the defendant, together with Benjamin Huger and Paul Trapier, jun. since deceased, as commissioners of the high roads in Prince George's parish, contracted with Thomas Lynch, deceased, for making what is now...   Cases  
Moore's Adm'rs v. Cherry 1 Bay 269, Courts of Common Pleas and General Sessions of the Peace of South (September 01, 1792) 1792 The jury however, returned a verdict in favour of the defendant; in consequence of which, a new trial was moved for in Charleston, and granted. At the second trial, BURKE, J. sat, and charged in favour of the plaintiffs, and the jury, notwithstanding the judge's direction, again found for the defendant. The present was therefore, a motion for a...   Cases  
Parker v. McIver 1 Des. 274, Court of Chancery of South Carolina (June 01, 1792) 1792 This case was briefly as follows:G. Howell, a merchant of London, fitted out the brig Favorite, placed a cargo on board, and put Capt. John MIver in command of her, with instructions to pursue a particular voyage. Capt. MIver accordingly went to Madeira, where he obtained a cargo of wine from certain merchantsHe...   Cases  
Sally's Guardian v. Beaty 1 Bay 260, Courts of Common Pleas and General Sessions of the Peace of South (May 01, 1792) 1792 The jury, without retiring from their box, returned a verdict for the plaintiff's ward.   Cases  
State v. Vaughan 1 Bay 282, Courts of Common Pleas and General Sessions of the Peace of South (November 01, 1792) 1792 THE prisoners were indicted under the swindling act, for defrauding one Prester out of three horses of the value of sixty pounds. The facts in evidence were, that the prisoners some time in April, 1791, went to the house of the prosecutor Prester, and told him that one Halley, who lived up the country, had during or shortly after the war, lost a...   Cases  
Tabb v. Gregory 4 Call 225, Supreme Court of Appeals of Virginia (April 01, 1792) 1792 The amendment was probably unnecessary; but the court will take time to consider, that the practice, in such cases, may be settled. Cur. adv. vult. It appeared to the judges, when this case was argued, that, as the action was transitory, the day was immaterial; and, therefore, that the alteration had no effect upon the cause; but as it was...   Cases  
Taylor v. Dundass 1 Va. 92, Supreme Court of Appeals of Virginia (April 01, 1792) 1792 The execution book kept by the Clerk is prima facie evidence of the truth of the entries made in it; but it may be contradicted by other evidence. An execution being levied upon the property of one defendant, and a replevy bond taken, a second execution against the other defendant cannot issue so long as the replevy bond is in force, it being a...   Cases  
Willingham's Ex'rs v. Simons' Ex'rs 1 Des. 272, Court of Chancery of South Carolina (June 01, 1792) 1792 On a full view of this case, there appears to us, but a single point on which the decision of the case must ultimately rest: That is, whether, the last payment by Willingham to Mrs. Simons, although illegal in the first instance, is by any subsequent act of colonel Simons, her husband, so far sanctioned, as to render it a good and valid payment. If...   Cases  
Wood v. Davis 1 Va. 69, Supreme Court of Appeals of Virginia (April 01, 1792) 1792 In a bond for the forthcoming of property taken under execution, it is not necessary that the time appointed for the delivery of the property should be stated to be that at which the sale is to take place. THIS was an appeal from a judgment of the District Court, obtained by the appellee against the appellant, upon a forthcoming bond, the condition...   Cases  
Yates v. Salle Wythe 163, High Court of Chancery of Virginia (September 01, 1792) 1792 A legacy from a father to his daughter, (payable 100 £>>>>>within twelve months after August, 1777, and the rest at the discretion of his executors, when it could be conveniently raised from the profits of his estate,) paid in 1778, to her guardian in depreciated paper money, is, by the subsequent act of 1781 good, and will be a discharge at...   Cases  
Aylett v. Minnis Wythe 219, High Court of Chancery of Virginia (May 01, 1793) 1793 W. A's will said: I give to my son (the plaintiff) the plantation on which I at present live, and all my lands in King William, also my land in D. and in J. C., to him and his heirs; and after other devisees of land, and declaring that his wife should hold and enjoy any part of the aforesaid lands, during widowhood, added, all...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Bailey v. Teackle Wythe 173, High Court of Chancery of Virginia (March 01, 1793) 1793 That the condition, annexed to the devise, by the testament of Richard Drummond, of his Hunting creek land, half of Half moon island, and a mill, to his wife Catherine, namely the continuance of her widowhood after his death. was not discharged by the subsequent devise to her of all his estate, until the elder of his children should be married, or...   Cases  
Bannister's Ex'rs v. Shore 1 Va. 173, Supreme Court of Appeals of Virginia (April 01, 1793) 1793 A private domestic conversation, between a husband and his wife, wherein the former speaks of an intention, once formed, but then relinquished, of giving a certain portion to his daughter, shall not bind the father to give that portion to the future husband of the daughter. THIS was a bill filed in the High Court of Chancery, by the appellee, as...   Cases  
Beckwith v. Butler 1 Va. 224, Supreme Court of Appeals of Virginia (October 01, 1793) 1793 The answer of a defendant in Chancery is not evidence, where it asserts a right affirmatively, in opposition to the plaintiffs demand. In such a case, he is as much bound to establish it by indifferent testimony, as the plaintiff is to sustain his bill. The appellant, who is the heir at law, and executor of his father, swears in his answer, that...   Cases  
Bull v. Horlbeck 1 Bay 301, Courts of Common Pleas and General Sessions of the Peace of South (May 01, 1793) 1793 The Court, in charging the jury, differed in opinion. The jury found for the plaintiff. The verdict has been acquiesced in, and the case often relied on since, though no more solemn decision has ever yet taken place on the subject.   Cases  
Cary v. Buxton Wythe 183, High Court of Chancery of Virginia (March 01, 1793) 1793 That the defendent, who, claming by the testament of Richard Bennett, hath recovered the entailed lands devised by James Buxton to his sons Thomas and William, ought not to retain any estate or interest derived from the said James Buxton by testament, but ought to yield the same to the plaintiffs; because the presumption, that this testator, if he...   Cases  
Chisholm v. Georgia 2 U.S. 419, Supreme Court of the United States (February 01, 1793) 1793 This action was instituted in August Term, 1792. On the 11th of July, 1792, the Marshall for the district of Georgia made the following return: Executed as within commanded, that is to say, served a copy thereof on his excellency Edward Telsair, Esq. Governor of the State of Georgia, and one other copy on Thomas P. Carnes, Esq. the Attorney...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Collins v. Hall 1 Del.Cas. 326, Supreme Court of Delaware (November 06, 1793) 1793 A motion was made by the counsel for the defendant to put off this cause upon the ground of the absence of a material witness. It was proved that the witness had been regularly subpnaed and the defendant swore he was material. The counsel for the plaintiff said that by the Act of Assembly, 2 Body Laws 48, the cause could not be put off unless it...   Cases  
Collins v. Hall 1 Del.Cas. 652, Supreme Court of Delaware (October 01, 1793) 1793 The defendant by his counsel moved to postpone the cause upon the common affidavit of the absence of a material witness. This was objected to by the plaintiff's counsel, who produced a witness to prove declarations of the defendant that he would postpone the trial forever. It was also observed on the same side, that there had been for some time a...   Cases  
Collins v. Hall 1 Del.Cas. 8, Court of Common Pleas of Delaware (November 01, 1793) 1793 Case. Defendant moved to put off the trial by making oath of the materiality of Isaac Cooper, Esquire, who was absent and had been subpnaed.   Cases  
Collins v. Hall 1 Del.Cas. 8 (November 01, 1793) 1793 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Daniel v. Robinson's Ex'x 4 Call 570, Supreme Court of Appeals of Virginia (April 01, 1793) 1793 The doubt raised was whether the royal assent, to the act of 1769, relative to motions upon forthcoming bonds, was ever obtained, as the act was suspended, until that was procured? The ordinary evidence in such cases is the council books of the time, and the governour's proclamation, published in the Virginia Gazette; but the derangement of the...   Cases  
Drayton v. Drayton 1 Des. 324, Court of Chancery of South Carolina (March 01, 1793) 1793 Mr. Pringle, Mr. E. Rutledge, and general Pinckney for defendants contended, that with regard to part of the property devised to the son John, to wit, the house, it did not vest in him till his mother's death; therefore, the survivorship cannot relate to the death of the testator. They quoted 1 P. Wms. 274. 3 Burr, 1541, 1885. 1 Bro. C. C. 215....   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Fitzpatrick v. Smith 1 Des. 340, Court of Chancery of South Carolina (June 01, 1793) 1793 Mr. Dom: A. Hall, and general Pinckney for defendants, argued, that the complainants claiming as the representatives of John Fitzpatrick, can be entitled to no more equity than he would have been; and he would not have been permitted to deny his own deed, and say it did not mean what it expresses on its face. The rice mentioned by Smith to Corbett...   Cases  
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