TitleCitationYearSummaryMost RelevantTypeStatus
Foster v. Foster 4 Call 231, Supreme Court of Appeals of Virginia (April 01, 1793) 1793 The court took time to consider; and, afterwards, affirmed the decree of the high court of chancery.   Cases  
Harrison v. Strother 1 Bay 332, Courts of Common Pleas and General Sessions of the Peace of South (September 01, 1793) 1793 To this, on the part of the defandant, 'twas replied, that those clauses in the County Court Act, giving a preference to deeds first on record there, related only to lands and other real estates. They were in their nature, permanent property, which could not be removed out of the limits of the county. It was therefore proper in the legislature to...   Cases  
Henfield's Case Whart.St.Tr. 49, Circuit Court, D Pennsylvania (January 01, 1793) 1793 A charge delivered by the Honourable JOHN JAY, Esquire, Chief Justice of the United States, to the grand jury impannelled for the court of the United States, holden for the Middle circuit in the district of Virginia, at the capitol in the city of Richmond, on the 22d day of May, 1793. Gentlemen of the Grand Jury: That citizens and nations should...   Cases  
Hillyard v. Nichols 1 Root 493 (January 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  
Hooe v. Kelsick Wythe 190, High Court of Chancery of Virginia (March 01, 1793) 1793 That Richard Barnes, having made all the provision which he intended to make for his only son by a marriage contract, after thus forisfamiliating that son, intended to distribute the remainder of his estate among his daughters, in equal or nearly equal portions, the distribution to take effect perhaps partly before and partly after the death of...   Cases  
Hooe v. Pierce 1 Va. 212, Supreme Court of Appeals of Virginia (October 01, 1793) 1793 The first question to be considered is, whether the suit ought to have abated by the death of the original defendant. The Act of Assembly declares, that the death of either party, between verdict and judgment, shall not abate the suit, but that judgment shall be entered, as if both parties were living. It is contended that this is no verdict, and,...   Cases  
Lamar v. Jones 3 H. & McH. 328, Court of Appeals of Maryland (June 01, 1793) 1793 The chancellor will always exercise the power of letting in circumstances, if any exist, if they are necessary to do equity. If it were otherwise, he would tie himself down without law, and in many cases contrary to equity. Where there has been great improvements made, or where it would be difficult to state the account, time is always urged...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Lloyd v. Inglis' Ex'rs 1 Des. 333, Court of Chancery of South Carolina (June 01, 1793) 1793 The bill states that Alexander Inglis, by intermarrying with Mary Deas, became entitled to a considerable personal estate, and also seized in right of said wife of a considerable real estate. That said Alexander Inglis being desirous of having said real estate of said wife vested in himself, in order that he might thereby divide the same, or an...   Cases  
Ordinary of Charlestown Dist. v. Corbett & Lightwood 1 Bay 328, Courts of Common Pleas and General Sessions of the Peace of South (September 01, 1793) 1793 THIS was an action of debt, brought against the defend ants, who were securities in an administration bond, fo?? Luke Stoutenburgh, administrator of William Stoutenburgh?? deceased. To this bond the defendants pleaded a performance of th?? condition. The assignee of the Ordinary, Richard Wain?? wright, produced the inventory of the deceased's...   Cases  
Page v. Pendleton Wythe 211, High Court of Chancery of Virginia (May 01, 1793) 1793 1. A debt due to a British ereditor was not discharged by payment in paper money into the loan office, under the Act of 1788, which enacted that such payments should have that effect. 2. The right to money due to an enemy can not be confiscated. IN this cause, upon the following question, whether payments by the plaintiffs testator, a citizen of...   Cases  
Respublica v. Keppele 2 U.S. 197, Supreme Court of Pennsylvania (January 01, 1793) 1793 A habeas corpus was issued to bring up the body of Benjamin, a minor, about fourteen years old, who had been bound by his guardian's consent, to the defendant, to serve her till he should arrive to the age of fifteen. Having absconded from her service, he was committed to goal, for that cause; and a general question was made, whether an infant...   Cases  
Roberts v. Swift 1 Yeates 209, Supreme Court of Pennsylvania (January 01, 1793) 1793 If one does services for another at his request, no matter what his expectations were, assumpsit may well be supported to recover a compensation. Though a jury give liberal damages in assumpsit, yet if they are not outrageous, court will not order a new trial. MOTION for a new trial, on the following statement of facts made by Mr. Justice Shippen,...   Cases  
Shubrick's Ex'rs v. Russell 1 Des. 315, Court of Chancery of South Carolina (March 01, 1793) 1793 General Pinckney for complainant said, no substantial objection can be made for want of parties to the bill, because the proper mode of objection would have been by demurrer or plea. But neither demurrer or plea could have had any effect, as the bill charges that one of the parties is without the limits of the state; and the complainant has a right...   Cases  
Smith v. Horsey 1 Del.Cas. 16, Court of Common Pleas of Delaware (November 01, 1793) 1793 Verdict for the plaintiff, £30 damages. What gifts are fraudulent, vide 3 Co. 82.   Cases  
Smith v. Horsey 2 Del.Cas. 9 (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  
Smith v. Horsey 1 Del.Cas. 16 (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  
State v. Wilson 2 Root 62, Superior Court of Connecticut (September 01, 1793) 1793 Upon an information for a high misdemeanor at common law, the court may imprison in Newgate. Information at common law for a high misdemeanor and breach of the peace, for threatening to kill and murder Mrs. Wheat and the family of Capt. Wheat, when he was from home, and actually stabbing one John Gordon and for other outrageous conduct; of which he...   Cases  
State v. Wilson 2 Root 62 (September 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  
White v. Bannister's Ex'rs 1 Va. 166, Supreme Court of Appeals of Virginia (April 01, 1793) 1793 A bill to retain and to set-off a debt against rents due, has an unfavourable appearance. If creditors, purchasing from the executors, or, as in this case, renting an estate from them, shall be permitted to bring forth their claims against the testator, in discount, they might thereby gain an improper advantage over other creditors. The executors...   Cases  
Baker v. Webb 2 N.C. 43, Superior Courts of Law and Equity of North Carolina (April 01, 1794) 1794 The whole weight of this laboured case, seems reducible to this question, what is the true construction of the 5th Geo. II. ch. 7.? And I am of opinion this act meant to provide for two things, the sale of lands for debts, and the making them liable to all just debts in the hands of the heir: and I am of opinion, that since the act of Geo. II. the...   Cases  
Bell v. Hill 2 N.C. 72, Superior Courts of Law and Equity of North Carolina (April 01, 1794) 1794 This is a dispute of great consequence, and it is proper it should be well settled, and I very mu??eh regret the necessity I find myself under of deciding alone--however, Judge Ashe who has just left the bench, conferred with me before he went away, and accords in the opinion I am about to deliver,--He then stated the case, and proceeded thus:--As...   Cases  
Burnley v. Lambert 1 Va. 308, Supreme Court of Appeals of Virginia (October 01, 1794) 1794 In detinue, the plaintiff must prove property in himself, and possession in the defendant; but proof of possession anterior to the bringing of the action is sufficient, unless the defendant can show that he was legally dispossessed. After the assent of an executor to a specific legacy, the property is changed, and a creditor obtaining a judgment...   Cases  
Carter's Ex'rs v. Rutland 2 N.C. 97, Superior Courts of Law and Equity of North Carolina (April 01, 1794) 1794 When a man sends property with his daughter upon her marriage, or to his son-in-law and daughter any short time after the marriage, it is to be presumed pri ma facie, that the property is given absolutely in advancement of his daughter; and when the property is permitted to remain in the possession of the son-in-law for a considerable length of...   Cases  
Cole v. Clayborn 1 Va. 262, Supreme Court of Appeals of Virginia (April 01, 1794) 1794 There is no difficulty in this case. A testator may carve out as many particular estates from the fee simple interest in the property disposed of, as he pleases; and, whatever part is not specially given away, remains with him. If he disposes of the rest and residue of his estate, such remnant will pass, unless restrained by other parts of the...   Cases  
Conner v. Gwin's Ex'rs 2 N.C. 121, Superior Courts of Law and Equity of North Carolina (September 01, 1794) 1794 We are clearly of opinion that the facts stated are proper for the jurisdiction of this court, and if true, that the plaintiff is entitled to relief agreeably to the prayer of this bill--Whereupon a decree was entered accordingly.   Cases  
Covenhoven v. Covenhoven Ex'rs 1 N.J.L. 210, Supreme Court of Judicature of New Jersey (April 01, 1794) 1794 Matthew Covenhoven, by his will dated October 8th, 1765, bequeathed to his wife the interest of £300 and a bed, in lieu of her dower, and for her maintenance during her widowhood. If she married again, he directed the £300 to go into the residuum of his personal property, and to be put out at interest, for the benefit of the residuary legatees. To...   Cases  
Crips v. Craig 1 Del.Cas. 359, Supreme Court of Delaware (November 01, 1794) 1794 This was an action of slander, and no special damage stated in the declaration. Upon the plaintiff's proceeding to prove a special loss and the defendant's objecting to such proof, it was ruled by the Court that the plaintiff might give evidence generally of damage but could not be allowed to prove particular instances of loss.   Cases  
Dandridge v. Harris 1 Va. 326, Supreme Court of Appeals of Virginia (October 01, 1794) 1794 However it might appear to the Chancellor, this Court has no doubt, but that the answer is fully disproved by more than two witnesses, who make it evident, that by the original agreement, before the work was begun, Mr. Dandridge was to have the alternative, and that, at the time of signing the agreement, he refused his signature, until Harris...   Cases  
Elligood v. Smith 1 Del.Cas. 35 (April 01, 1794) 1794 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  
Farley v. Shippen Wythe 254, High Court of Chancery of Virginia (March 01, 1794) 1794 I. The first question is, whether Francis Farley was a trustee for his brothers children, the plaintiffs, as to one moiety of the Northcarolina, and as to one third part of the Virginia, lands? for, if he were a trustee, the defendents, volunteer clamants under him, are in the same predicament undoubtedly. In the case between Fisher and Wigg, Peere...   Cases  
Flowers v. Glasgow 2 N.C. 122, Superior Courts of Law and Equity of North Carolina (October 01, 1794) 1794 The evidence must be so understood; and they directed the jury that this evidence was sufficient proof of the possession having been in the defendant at that time: but the cause for another reason, was adjourned. NOTE.--Judge Williams said in this case, upon another part of the argument, that he should yield to the decision in the case of Timms and...   Cases  
Grimke v. Grimke's Ex'rs 1 Des. 366, Court of Chancery of South Carolina (June 01, 1794) 1794 The bill states that Mary Faucheraud, the complainant's grand mother, was seized and possessed of a considerable estate, and made her last will on the 27th May, 1763, wherein, amongst other things, she bequeathed 600l. of the then currency, to her son-in-law, J. P. Grimke, to be put to interest, and improved by him, and finally to be paid to her...   Cases  
Heyward v. Hazard 1 Bay 335, Courts of Common Pleas and General Sessions of the Peace of South (January 01, 1794) 1794 THIS was an action of trespass, to try titles to lands under the will of John Heyward, of Tick-Town, deceased, upon the issue of devis avit vel non, before a special jury at bar, by consent of parties. The will in this case, contained two kinds of devises or bequests, viz. one of real estates, and the other of personal property. The probate of...   Cases  
Hubbard v. Taylor 1 Va. 259, Supreme Court of Appeals of Virginia (April 01, 1794) 1794 If a forth-coming bond do not recite against whom the execution issued, and upon whose property it was levied, it may be quashed on motion. THIS was an appeal from a judgment of the District Court of Charlottesville, affirming the judgment of the County Court of Charlotte, upon a bond given for the forth-coming of property taken under execution....   Cases  
Isaac v. Ferguson 1 Del.Cas. 49 (November 01, 1794) 1794 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  
Kershaw's Ex'rs v. Whitaker 1 Brev. 9, Constitutional Court of Appeals of South Carolina (October 01, 1794) 1794 A promise by an executor to pay rent due by his testator, in consideration of the release of a distress for the rent, is an original, and not a collateral undertaking, within the statute of frauds. The release of a remedy, or the forbearance of a right, is a sufficient consideration to support a promise to pay the debt of another, and such promise...   Cases  
Parker v. Kennedy 1 Bay 398, Courts of Common Pleas and General Sessions of the Peace of South (December 30, 1794) 1794 The motion at present before the Court, is a requisition on the part of the plaintiff, for the Court to do a thing which is acknowledged by him to be unprecedented, and for which there has not been, and cannot be any one instance?? quoted, or any one authority, (which is in point) cited from the law books. Should the Court grant this motion, they...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Roy v. Garnett 2 Va. 9, Supreme Court of Appeals of Virginia (October 01, 1794) 1794 THIS case, which on account of its importance and difficulty, had been continued for a full court, came on this term, to be argued. It was an ejectment, brought in the District Court of King and Queen, by the lessee of the appellants, against the appellee, wherein the parties agreed a case, the material parts of which, are as follows, viz: That...   Cases  
State v. Jones 1 Del.Cas. 33, Court of Quarter Sessions of the Peace of Delaware (November 01, 1794) 1794 Two indictments for having two black children. Court assigned Wilson as counsel for defendant, she being very poor, who agreed to try both indictments at once. Rebecca West, produced as a witness for the State, was objected to by Wilson who showed a record of a conviction and judgment against the witness for the same offense, and offered to prove...   Cases  
State v. Justices of Middlesex County 1 N.J.L. 244, Supreme Court of Judicature of New Jersey (January 01, 1794) 1794 1. The Supreme Court has a right to examine into the proceedings of an election, held under an act of assembly; and in case they are illegal, to declare the election void. 2. Where there is evidence of the admission of illegal votes, the case is a proper one for the interference of the court. This was a certiorari to remove the proceedings of the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Thackam 1 Bay 358, Courts of Common Pleas and General Sessions of the Peace of South (May 01, 1794) 1794 The Court were of opinion, that although the act of the sheriff's officer, in going to make the levy or seizure of the property, was a lawful act; yet such levy or seizure ought to have been made at the usual and customary hours of doing business, and not at midnight, when the family had all been at rest. That this therefore being the case,...   Cases  
Stewart & Co. v. Childs 1 Bay 362, Courts of Common Pleas and General Sessions of the Peace of South (November 01, 1794) 1794 THIS was an appeal from the inferior Court of Abbeville county, Ninety-six district. On the 5th of October, 1792, an attachment was granted by Mr. Nichols, a magistrate in Cambridge, against the effects of the defendant, Childs, for 18l. returnable into the County Court of Abbeville. This attachment was handed to James Willson, a deputy sheriff for...   Cases  
SUITS AGAINST FOREIGNERS. 1 U.S. Op. Atty. Gen. 49 (July 26, 1794) 1794     Administrative Decisions & Guidance  
Walden v. Payne 2 Va. 1, Supreme Court of Appeals of Virginia (October 01, 1794) 1794 THIS was an action of debt, brought by the appellee against the appellant, in the District Court of Federicksburg, on a bond dated in December 1776. The defendant put in the following pleas: 1st, Payment. 2dly, That at the time of issuing the original writ in this suit, he had fully administered all the goods and chattels of his testator, except...   Cases  
Walter v. Evans 1 Del.Cas. 668 (May 01, 1794) 1794 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  
Ward v. Webber 1 Va. 274, Supreme Court of Appeals of Virginia (October 01, 1794) 1794 The first point mentioned, though not relied upon, was, that Equity will not aid one volunteer against another, but will leave them to the Law, their equity being equal. It is generally true, that this Court will not aid a volunteer in supplying legal defects in a prior deed, against a subsequent volunteer. But there are exceptions to this general...   Cases  
White v. Stafford 1 Del.Cas. 673 (May 01, 1794) 1794 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  
Bolchos v. Darrel Bee 74, District Court, D South Carolina (September 29, 1795) 1795 In admiralty.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Brown v. Brown's Adm'x 2 Va. 151, Supreme Court of Appeals of Virginia (October 01, 1795) 1795 The court is of opinion, that the exhibits stated in the record are not only corroborative of the entry made in Wentworth's books by John Day, the clerk, or agent of Mary Wentworth the administratrix; but are abundantly sufficient independent of that entry, to charge Thomas Brown with the whole £>>> 386:10:1. The demand against...   Cases  
Burton v. Hearn 1 Del.Cas. 78 (November 01, 1795) 1795 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  
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