| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Evans v. Evans |
1 Del.Cas. 76 (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... |
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Trial Court Orders |
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| Glasgow v. Flowers |
2 N.C. 233, Superior Courts of Law and Equity of North Carolina (September 01, 1795) |
1795 |
Where a case is so circumstanced that a court of law can give as complete redress as a court of equity can, a court of equity should not interfere with it--now the circumstances stated here, are such as are properly cognizable in a court of law, and with respect to which a court of law can give as complete redress to the party injured, as a court... |
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Cases |
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| Green's Ex'rs v. Warrington |
1 Des. 430, Court of Chancery of South Carolina (March 01, 1795) |
1795 |
(Injunction case.) |
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Cases |
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| Hatfield's Ex'rs v. Kennedy |
1 Bay 501, Courts of Common Pleas and General Sessions of the Peace of South (January 01, 1795) |
1795 |
DEBT on bond, assigned to Mr. Rivers. A special verdict in this case found, that the bond in question was a joint and several bond, from John Hammilton and James Kennedy to the deceased Hatfield, and that Kennedy, the defendant, signed his name as security; therefore, submitted to the judgment of the Court, whether the plaintiffs could go against... |
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Cases |
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| Hylliard v. Nickols |
2 Root 176 (January 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... |
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Trial Court Orders |
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| Jackson v. Wilson |
1 Ky. 155, Court of Appeals of Kentucky (May 01, 1795) |
1795 |
In deciding on this case it seems necessary to inquire: had the complainants the first, just, and legal claim to the land in contest? The claim of the complainants depends upon an entry which is sufficiently special, and which was known to the defendants when they made their survey. The claim of the defendants is of older date, as well as superior... |
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Cases |
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| Lewis v. Williams |
2 N.C. 150, Superior Courts of Law and Equity of North Carolina (March 01, 1795) |
1795 |
DETINUE. For two resolutions of the General Assembly directing certain sums to be paid to Lewis and Crafton, for services performed as officers in the state legion--that which belonged to Crafton, had been sold by him to Lewis, and delivered to him--they came afterwards into the hands of Lanier, who died possessed of them, leaving the defendant one... |
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Cases |
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| Loocock v. Clarkson |
1 Des. 471, Court of Chancery of South Carolina (July 01, 1795) |
1795 |
Mr. Aaron Loocock being in possession of a considerable estate, real as well as personal, made his last will and testament on the 14th day of April, 1791. Wherein amongst other things, he directed his just debts to be paid; and then, he bequeathed to his wife Mary Loocock, the annual sum of 300l. during her natural life, in order that she might... |
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Cases |
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| Mooring v. Stanton |
1 N.C. 70, Superior Courts of Law and Equity of North Carolina (September 01, 1795) |
1795 |
Money lent to play with, or to pay, at the time of loss, is not recoverable. But it is otherwise of a gaming debt paid by a third person, at the request of the loser. NOTE.--See act of 1788 (1 Rev. Stat., ch. 51,) and the cases upon the construction of it, Anonymous, 3 N. C., 231. Stowell v. Guthrie, Ibid., 297. Hodges v. Pitman, 4 N. C., 276.... |
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Cases |
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| Nash v. Nash's Adm'rs |
2 N.C. 228, Superior Courts of Law and Equity of North Carolina (September 01, 1795) |
1795 |
This legacy to the plaintiff, is a money legacy, notwithstanding 1 P. Will. 127. for being a bequest of money, if it be not a specific legacy, it must of consequence stand in the rank of a pecuniary one. A legacy of money is specific only in such cases, where the money is identified and distinguished from all other money; as money in such a bag, or... |
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Cases |
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| Potts v. Cogdell |
1 Des. 454, Court of Chancery of South Carolina (October 01, 1795) |
1795 |
Chancellor Mathews delivered the decree of the court: This is one of those cases in which this court is authorised to exercise that extraordinary jurisdiction vested in it, for setting up, or reviving deeds or contracts lost or mislaid on sufficient proof of their having existed. In this case it appears to be acknowledged by all the parties... |
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Cases |
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| Shelton v. Barbour |
2 Va. 64, Supreme Court of Appeals of Virginia (April 01, 1795) |
1795 |
To discharge this case of Tom & Jenkins cited at the bar, let it be observed, that the only question there was, whether the court did right in admitting the hearsay evidence of old people then dead, to prove that the plaintiff's ancestors were Indians; this court approved the opinion of the District Court. In that record there is a paper which... |
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Cases |
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| Smith v. Sheriff of Charlestown District |
1 Bay 443, Courts of Common Pleas and General Sessions of the Peace of South (January 01, 1795) |
1795 |
By the Court, unanimously, (all the Judges present). No distress for rent can be made, unless a specific sum be reserved, either by some lease, deed, agreement in writing, or by parol, though assumpsit will lie for the use and occupation; in which case, the quantum or sum must be found by a jury. This point has been determined in the case of Smith... |
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Cases |
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| Stafford v. Richards |
1 Del.Cas. 66 (April 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... |
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Trial Court Orders |
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| Starr v. Starr |
2 Root 303, Superior Court of Connecticut (December 01, 1795) |
1795 |
A legatee cannot be a witness to a will. A will cannot be proved in part-cannot be good as to the personal estate and void as to the real. Appeal from the judgment of the Court of Probate, in proving and approving the last will and testament of said Mortimer, bearing date the 9th of July, 1792, and receiving and ordering to be kept on file certain... |
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Cases |
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| Starr v. Starr |
2 Root 303 (December 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... |
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Trial Court Orders |
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| Talbot v. Jansen |
3 U.S. 133, Supreme Court of the United States (August 01, 1795) |
1795 |
This was a Writ of Error, in the nature of an Appeal, from the Circuit Court for the District of South Carolina; and the following circumstances appeared upon the pleadings: A Libel was filed against Edward Ballard, Captain of an armed vessel, called L'Ami de la Liberte, on the Admiralty side of the District Court of South Carolina, in June, 1794,... |
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Cases |
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| Turberville v. Self |
4 Call 580, Supreme Court of Appeals of Virginia (April 01, 1795) |
1795 |
The court thinks, that there was an issue substantially joined between the parties; and that the first point, made by the appellant's counsel, is settled by the case of Brewer v. Tarpley, 1 Wash. 363. For as to the leave to amend the avowry, it was probably waved, as there was no motion for a continuance, and the parties seem, voluntarily, to have... |
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Cases |
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| Whetcroft v. Dorsey |
3 H. & McH. 357, General Court of Maryland (May 01, 1795) |
1795 |
THE record in this case was as follows: Be it remembered that on the 30th day of May, 1795, in pursuance of an act of the general assembly of the state of Maryland, passed at November session, 1793, entitled An act to repeal conditionally an act, entitled an act for the relief of William Whetcroft, of the city of Annapolis, passed at... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Alston v. Taylor |
2 N.C. 381, Superior Courts of Law and Equity of North Carolina (October 01, 1796) |
1796 |
THE declaration stated a count for money had and received to the use of the plaintiff; another for money laid out and expended for the use of the defendant; another for goods, wares and merchandize sold and delivered; and another special count as follows, lo wit. And whereas also, the said Edmund (Taylor) was indebted to one John Henderson, in the... |
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Cases |
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| Bowles v. Drayton |
1 Des. 489, Court of Chancery of South Carolina (July 01, 1796) |
1796 |
The bill stated that John Drayton being seized and possessed of a large real and personal estate, made and executed his last will on the 31st day of May, 1779, in and by which he, amongst other things gave and bequeathed to his daughter, Susannah Drayton, the sum of 3000l. sterling money to be paid her by his executors out of his estate, on or at... |
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Cases |
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| Case Upon the Statute for Distribution |
Wythe 302, High Court of Chancery of Virginia (January 01, 1796) |
1796 |
On the words, provided that there be no representations admitted among collaterals, after brothers and sisters children, which are literally transcribed into our statute, english courts have decided that the collateral kindred, whose representatives succede to the shares, to which their parents, if they had been living, would have... |
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Cases |
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| Charles v. Cochran |
2 Del.Cas. 51 (May 01, 1796) |
1796 |
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... |
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Trial Court Orders |
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| Collins' Lessee v. Huffington |
1 Del.Cas. 124, Supreme Court of Delaware (October 01, 1796) |
1796 |
Ejectment. Non culpa. Trial October, 1796. Title admitted to have been in John Collins within twenty years, and possession etc., and boundary. |
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Cases |
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| Cox v. Dove |
1 N.C. 72, Superior Courts of Law and Equity of North Carolina (March 01, 1796) |
1796 |
The Court, HAYWOOD, J., and STONE, J., nevertheless permitted the letter to be read: on the authority of a case cited out of Buller's Nisi Prius, 90. Hatton & Neale, per Jones, C. J., 1683. The plaintiff proved a trespass committed by cutting timber, and had a verdict. NOTE.--Upon the first point see State v. George, ante, and 1 Rev. Stat., ch. 31,... |
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Cases |
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| Eaves v. Starkey's Ex'r |
1 N.C. 80, Superior Courts of Law and Equity of North Carolina (September 01, 1796) |
1796 |
The Court, WILLIAMS, J., and HAYWOOD, J., gave judgment for the defendant, on the second question. They gave no opinion on the first question--it being unnecessary in this case. See 4 Ann, 16, 37, 394. NOTE.--See Anonymous, 2 N.C., 226. |
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Cases |
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| Elliot v. Richards |
1 Del.Cas. 87 (April 01, 1796) |
1796 |
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... |
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Trial Court Orders |
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| England v. Witherspoon |
2 N.C. 361, Superior Courts of Law and Equity of North Carolina (September 01, 1796) |
1796 |
It is not a good tender. When a specific article is to be delivered and no place appointed, the debtor must give notice of his readiness to pay on the day, and request the creditor to appoint a place where he will receive it; and on the day he must attend at the place appointed until sunset, to make the delivery, unless the creditor refuses or... |
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Cases |
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| Evans v. Evans' Ex'rs |
1 Des. 515, Court of Chancery of South Carolina (September 01, 1796) |
1796 |
The court took time to deliberate, and afterwards Chancellor Rutledge delivered the decree of the court: There is not the smallest reason to charge the defendants with any fraud or unfair conduct in this business. From a review of their accounts it is obvious that if the stock, &c. had not been sold, it would have been absolutely necessary to have... |
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Cases |
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| Geer v. Huntington |
2 Root 364 (March 01, 1796) |
1796 |
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... |
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Trial Court Orders |
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| Hodges v. Blount |
2 N.C. 414, Superior Courts of Law and Equity of North Carolina (October 01, 1796) |
1796 |
It is alleged that the bill of sale to Worseley is fraudulent, and if it is, the law says it is void. It is not sufficient however to allege fraud--it must be proved either positively and directly, or by circumstances, which is the most usual way, there seldom being any direct proof of fraud to be had. There is no positive proof of fraud on the... |
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Cases |
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| Hylton v. U.S. |
3 U.S. 171, Supreme Court of the United States (February 01, 1796) |
1796 |
By the case stated, only one question is submitted to the opinion of this court; whether the law of Congress, of the 5th of June, 1794, entitled, An act to lay duties upon carriages, for the conveyance of persons, is unconstitutional and void? The principles laid down, to prove the above law void, are these: That a tax on carriages, is a direct... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Jacobs v. Aydelot |
1 Del.Cas. 411, Supreme Court of Delaware (October 01, 1796) |
1796 |
Upon affidavit the defendant moved to change the venue from this county to Kent, alleging two grounds in the affidavit: first, that the cause of action arose in Kent; second, that an impartial trial could not be had in Sussex. |
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Cases |
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| Jemima v. Ross |
1 Del.Cas. 119, Court of Common Pleas of Delaware (November 19, 1796) |
1796 |
Petition etc. Death of defendant suggested and admitted, etc. |
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Cases |
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| Jemima v. Ross |
1 Del.Cas. 119 (November 19, 1796) |
1796 |
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... |
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Trial Court Orders |
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| Kingsbury v. Town of Tolland |
2 Root 355 (February 01, 1796) |
1796 |
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... |
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Trial Court Orders |
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| Lindsay v. East Bay Street Com'rs |
2 Bay 38, Constitutional Court of Appeals of South Carolina (October 01, 1796) |
1796 |
They considered the act in question as authorized by the fundamental principles of society. That the authority of the state, as laid down by eminent civilians and jurists, to appropriate a portion of the soil of every country for public roads and highways, was one of the original rights of sovereignty, retained by the supreme power of every... |
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Cases |
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| Murfree v. Redding |
2 N.C. 276, Superior Courts of Law and Equity of North Carolina (April 01, 1796) |
1796 |
A master has a right to make such contracts, and usually is the person who does actually make them--the owners cannot be in every part where the ship goes to make them. The very making a man master, and giving him the command of the ship, is a giving him power to take a load for freight in a foreign port, or in a port at a distance from the place... |
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Cases |
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| Nancy v. Hart |
2 Del.Cas. 51 (May 01, 1796) |
1796 |
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... |
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Trial Court Orders |
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| Perronneau v. Perronneau's Ex'rs |
1 Des. 521, Court of Chancery of South Carolina (September 01, 1796) |
1796 |
The bill states that Henry Perronneau, formerly of Charleston, being seized and possessed of a considerable estate, real and personal, in Carolina and England, and having no issue, did on the 9th day of July, 1786, make his will, which is set forth at length in the bill; by which after all his debts and funeral expenses were paid, he devised his... |
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Cases |
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| Phillis v. Lewis |
1 Del.Cas. 417 (November 01, 1796) |
1796 |
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... |
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Trial Court Orders |
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| Porter v. McClure |
2 N.C. 360, Superior Courts of Law and Equity of North Carolina (September 01, 1796) |
1796 |
The true rule is, if the verdict in this cause may be given in evidence in another cause for or against the witness, then her testimony should not be received, otherwise it may. Now the verdict in this cause, to which Greenwood is no party, cannot possibly ever come to be given in evidence for or against him, in any other cause to which he shall be... |
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Cases |
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| Queen v. Ashton |
3 H. & McH. 439, General Court of Maryland (May 01, 1796) |
1796 |
THIS was an appeal from Prince George's county court from a judgment in favour of Ashton, the defendant in that court, rendered at April term, 1796. It was an action of assault and battery and false imprisonment. The declaration states, that the said J. on the 15th of October, 1791, at the county aforesaid, with force and arms, on him the... |
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Cases |
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| Raymer v. Sim |
3 H. & McH. 451, General Court of Maryland (May 01, 1796) |
1796 |
THIS was an appeal from Frederick county court, from a judgment of nonsuit rendered at March term, 1795. Besides a count for money had and received, the plaintiff also declared, that whereas a certain Patrick Sim Smith was, on the day and year aforesaid, at the county aforesaid, indebted unto the said Raymer and Beatty in the sum of 101l. current... |
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Cases |
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| Simpson v. Helford |
1 Del.Cas. 400, Court of Common Pleas of Delaware (July 01, 1796) |
1796 |
The plaintiff's wife was one of the residuary legatees of Matthew Helford, who by his last will appointed the defendant's intestate one of his executors, and who was the surviving executor at the time of his death the 25th of November, 1797. Thomas Helford, the intestate, passed an administration account as executor of Matthew and upon that account... |
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Cases |
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| Simpson v. Helford |
1 Del.Cas. 400 (July 01, 1796) |
1796 |
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... |
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Trial Court Orders |
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| Smith v. Powell |
2 N.C. 452, Superior Courts of Law and Equity of North Carolina (October 01, 1796) |
1796 |
Though a judgment strictly speaking is not negotiable, it may be de facto assigned, and such assignment will give an interest to the assignee which the law will take notice of, and protect against the acts of the assignor--This was decided some years ago in the case of M'Daniel and Tate at Morganton.--There was a verdict and judgment for Smith,... |
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Cases |
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| State v. Emory |
2 Del.Cas. 67, Court of Quarter Sessions of the Peace of Delaware (December 01, 1796) |
1796 |
Assault and battery. |
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Cases |
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| State v. Evans |
2 N.C. 281, Superior Courts of Law and Equity of North Carolina (April 01, 1796) |
1796 |
INDICTMENT for assaulting one Joseph Wright Nicholson; and for that the said Evans, on purpose, unlawfully did bite off the right or fore finger of the right hand of him the said Joseph Wright Nicholson, with intent in so doing the said Joseph Wright Nicholson to maim and disfigure, against the act, &c. The evidence was, that Nicholson applied to... |
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Cases |
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| State v. Gaillard |
2 Bay 11, Constitutional Court of Appeals of South Carolina (December 30, 1796) |
1796 |
He observed, that the governing principles by which this case, and all others of the like kind had been, and were to be decided, were borrowed from the civil law, and incorporated into, and now made a part of the common law of this country, viz. that a sound price deserves a sound commodity, and that wherever there is a failure... |
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Cases |
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