| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| State v. Johnston |
2 N.C. 293, Superior Courts of Law and Equity of North Carolina (May 01, 1796) |
1796 |
INDICTMENT against the defendant, for that one _ recovered a judgment in this court against Howard, and took out execution; and put the same into the hands of the defendant, being High Sheriff of the county of Onslow, to be executed; and that he had made return thereupon, that he had levied, but could not sell for want of bidders; which was a false... |
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Cases |
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| State v. Smith |
1 Del.Cas. 416, Court of Quarter Sessions of the Peace of Delaware (December 01, 1796) |
1796 |
Sarah, being sworn, stated that there were several white persons present at the transaction she was called to prove. The objection was then renewed, and the Court agreed the witness was incompetent, upon which she was dismissed. There being no other evidence against the defendants, they were acquitted by consent of Attorney General. |
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Cases |
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| Stuart v. Carson's Ex'r |
1 Des. 500, Court of Chancery of South Carolina (September 01, 1796) |
1796 |
The bills in these cases were filed to obtain settlements and accounts of the estate of the late Dr. James Carson, who has devised and bequeathed considerable legacies to the complainants. As the bill filed by James Stuart brought out the whole case, it is unnecessary to give a full statement of both cases. The bill filed by James Stuart charged,... |
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Cases |
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| Swain v. Evans |
2 Del.Cas. 65, Supreme Court of Delaware (November 01, 1796) |
1796 |
Trespass. Non culpa, liberum tenementum, Limitations. Replications, and issues. |
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Cases |
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| Walker's Adm'rs v. Hawkins |
2 N.C. 398, Superior Courts of Law and Equity of North Carolina (October 01, 1796) |
1796 |
This point has been already decided in the negative, upon this circuit, in the case of vs. Hughes's administrators, and formerly at Edenton.--So the judgment was arrested. |
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Cases |
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| Ware v. Hylton |
3 U.S. 199, Supreme Court of the United States (February 01, 1796) |
1796 |
Error from the Circuit Court for the District of Virginia. The action was brought by William Jones, (but as he died, pendente lite, his Administrator was duly substituted as Plaintiff in the cause) surviving partner of Farrel and Jones, subjects of the king of Great Britain, against Daniel Hylton & Co. and Francis Eppes, citizens of Virginia, on a... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Whitbie's Adm'rs v. Frazier |
2 N.C. 275, Superior Courts of Law and Equity of North Carolina (April 01, 1796) |
1796 |
It is not necessary to make up the special case; this action was formerly brought by the administrator of the husband, and determined by two Judges to have been improperly brought for that very reason.--One of the court now present, on hearing this matter first moved, was inclined to think the action should have been in the name of the... |
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Cases |
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| Wiscart v. D'Auchy |
3 U.S. 321, Supreme Court of the United States (August 01, 1796) |
1796 |
Error to the Circuit for the Virginia District. The original proceeding was on the Equity side of the Court below, where the Defendant in Error had filed a bill, charging Adrian Wiscart and Augustine DeNeusville, Co-partners, with having fraudulently conveyed all their estate, real and personal, by three separate deeds, to Peter Robert De Neusville... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Wright's Lessee v. Cannon |
1 Del.Cas. 227, High Court of Errors and Appeals of Delaware (August 01, 1796) |
1796 |
This cause was argued in the High Court of Errors and Appeals upon the demurrer August, 1796, by Miller, Peery and Wilson for plaintiff, and by Bayard and Ridgely for defendants, very much at length. |
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Cases |
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| Young v. Erwin |
2 N.C. 323, Superior Courts of Law and Equity of North Carolina (May 01, 1796) |
1796 |
Formerly, demises in declarations in ejectment were enlarged only by consent, and not otherwise. A different practice began to prevail in the English courts in the latter part of the reign of George II. and has continued hitherto. It very probably prevailed here also. The first instance was in the twenty first of George II. reported in Strange... |
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Cases |
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| Baird v. Rice |
1 Call 18, Supreme Court of Appeals of Virginia (October 01, 1797) |
1797 |
RICE filed a bill in Chancery in the borough court of Norfolk stating that he was security for one William Black in a bond to Baird. That Baird obtained a judgment thereon against the obligors in the borough court and issued an execution; upon which property belonging to Black was taken and duly advertized by the sheriff; that Baird attended upon... |
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Cases |
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| Belt's Lessee v. Belt |
4 H. & McH. 80, General Court of Maryland (October 01, 1797) |
1797 |
EJECTMENT brought to recover several tracts of land lying in Prince-George's county, viz. Addition to Good Luck, Recovery, The Jeremiah and Mary, and Belt's Pig Pen. The following case was stated for the court's opinion, viz. It is admitted by the parties that Jeremiah Bett, the testator, was seised in fee of the tracts of land for which this suit... |
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Cases |
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| Britol v. Dickerson's Adm'rs |
1 Del.Cas. 148 (May 05, 1797) |
1797 |
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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| Campbell v. Digges |
4 H. & McH. 12, Court of Chancery of Maryland (May 01, 1797) |
1797 |
The said cause being submitted, the bill, answers, exhibits, agreements, and all other proceedings, were by the chancellor read and considered. This is an extraordinary case--It is not that of an application for a sale made by the creditors of a deceased person, whose real estate has descended or been devised to an infant. If it could be considered... |
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Cases |
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| Carter v. Tyler |
1 Call 165, Supreme Court of Appeals of Virginia (October 01, 1797) |
1797 |
By the act of 1776, for docking intails, all remainders as well contingent as vested are utterly barred, whether the intail be created before or after passing of the act?? Nor will the court in order to avoid this effect construe that to be executory devise, which before would have been held to be a contingent remainder. IN an ejectment for 1000... |
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Cases |
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| Chichester v. Vass |
1 Call 83, Supreme Court of Appeals of Virginia (October 01, 1797) |
1797 |
Nothing will be presumed after verdict, but what must have been necessarily proved from the matter stated in the declaration, & therefore the total want of an averment of a fact which constitutes the gist of the action will not be cured after verdict by our act of Jeoffails. If A promise B that if he & A's daughter marry, that he will do her equal... |
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Cases |
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| Craik's Adm'rs v. Clark |
3 N.C. 22, Superior Courts of Law and Equity of North Carolina (November 01, 1797) |
1797 |
An heir cannot redeem without payment of a specialty debt by the English law, because when he redeems he instantly has assets to satisfy the specialty debt, but I do not recollect any case to shew the executors are in the same situation; they would, it is true, have assets upon redeeming, but those assets may be liable to debts of a superior nature... |
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Cases |
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| Davies v. Miller |
1 Call 127, Supreme Court of Appeals of Virginia (October 01, 1797) |
1797 |
What words pass a fee in a will. The word estate may be transposed from different parts of the will and coupled with the devise so as to give a fee. Tho' the opinion of the Court below appear to be confined on one point, yet if it appears upon the whole record that the judgment is substantially right it must be affirmed. Quere. Whether the act of... |
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Cases |
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| DEFINITION OF INDICTABLE CRIMES. |
2 Del.Cas. 235, Supreme Court of Delaware (January 01, 1797) |
1797 |
1. Treason, which by the Constitution of this State consists only in levying war against the State, or in adhering to the enemies of the government, giving them aid and comfort. 2. Petit treason is where a servant kills his master or mistress, or a woman her husband. 3. Homicide, which signifies the slaying of a man, is distinguished into voluntary... |
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Cases |
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| Drayton v. Drayton |
1 Des. 557, Court of Chancery of South Carolina (September 01, 1797) |
1797 |
This was a bill filed by the complainants under the following circumstances. John Drayton being possessed of very large real and personal estates, made and executed his last will and testament, wherein after giving several legacies to his wife and daughters, he devised and bequeathed certain estates and property to his son John, and on his death,... |
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Cases |
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| Drew v. Anderson |
1 Call 51, Supreme Court of Appeals of Virginia (October 01, 1797) |
1797 |
If there be a judgment for too much money ag'nst the sheriff on acc't of monies received by his deputy on an execution, he cant recover the amount of that judgment against his deputy; for he shall not by submitting to an erroneous judgment sad dle the deputy with it. If a notice, which is the act of the parties and not of Counsel, be general, it is... |
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Cases |
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| Dunlap v. Brown |
1 Del.Cas. 148, Court of Common Pleas of Delaware (March 06, 1797) |
1797 |
Judgment, July 3, 1795, venditioni and lands sold. And motion to set aside an execution and open judgment on proof that defendant, who is since dead, was drunk at the time and had been for two weeks incapable of business when he signed the bond and warrants of attorney. That afterwards he did not know until informed that he had given them. That... |
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Cases |
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| Dunlap v. Brown |
1 Del.Cas. 148 (March 06, 1797) |
1797 |
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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| Fairclaim v. Guthrie |
1 Call 7, Supreme Court of Appeals of Virginia (April 01, 1797) |
1797 |
The first question important to be considered is what estate James the heir at law took under the will? This will was made antecedent to the act of Assembly which considers a fee as passing unless restrained by words of limitation; and must therefore stand upon the acknowledged rules of law which then prevailed. At that time the rule was that even... |
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Cases |
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| Gaskins v. Commonwealth |
1 Call 194, Supreme Court of Appeals of Virginia (January 01, 1797) |
1797 |
No writ of error lies to a judgment of the General Court after five years from the ren dition thereof. Interest is not due upon the damages until after judgment against a public collector. THESE were writs of supersedeas to four judgments of the General Court, two in the year 1786 and the other two in the year 1788, upon the following cases.... |
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Cases |
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| Gray v. Hall |
1 Del.Cas. 139, Court of Common Pleas of Delaware (April 29, 1797) |
1797 |
Narratio. Special count for balance of [£]52.8.1. on an account passed in the Orphans' Court by defendant, as guardian of plaintiff, and money had and received. Non assumpsit, discount etc. Trial, April 29, 1797. |
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Cases |
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| Gray v. Hall |
1 Del.Cas. 139 (April 29, 1797) |
1797 |
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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| Greenwood v. Bocquet's Ex'rs |
2 Bay 86, Constitutional Court of Appeals of South Carolina (December 30, 1797) |
1797 |
There can be no doubt, but that the sheriff is bound to pay off all judgments on record first, agreeable to their seniority; and it had been so ruled in this court, over and over again; and it was very immaterial from what source the money arose, that came into the defendants' hands; whether from the sale of real, or personal estate. That in the... |
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Cases |
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| Harrison v. Hunter |
2 Del.Cas. 76, Court of Common Pleas of Delaware (May 01, 1797) |
1797 |
Qui tam for penalty of £100. |
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Cases |
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| Harrison v. Hunter |
1 Del.Cas. 138, Court of Common Pleas of Delaware (April 28, 1797) |
1797 |
Debt £100, verdict for £100. |
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Cases |
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| Harrison v. Hunter |
2 Del.Cas. 76 (May 01, 1797) |
1797 |
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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| Harrison v. Hunter |
1 Del.Cas. 138 (April 28, 1797) |
1797 |
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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| Hogg's Ex'rs v. Ashe |
2 N.C. 471, Superior Courts of Law and Equity of North Carolina (April 01, 1797) |
1797 |
In 1778, the bond was executed upon which this action is founded; in 1780, the surviving partner assigned all his interest in the partnership effects; in 1786 the act of Assemdly passed; and in 1789, the defendant recovered this judgment which he now offers to set off. The best way of ascertaining whether a demand may be set off, is to consider in... |
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Cases |
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| Levi v. Bar |
1 Del.Cas. 120 (October 01, 1797) |
1797 |
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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| M'Call v. Peachy |
1 Call 55, Supreme Court of Appeals of Virginia (October 01, 1797) |
1797 |
By the Court of Appeals law of 1792, Rev. Code. page 67. this court is to have jurisdiction not only in cases provided for by the constitution and in suits originating there, or adjourned thither by virtue of any statute &c. but also in such as are now pending therein or which may be brought before them by appeal, writs of error, supersedeas to... |
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Cases |
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| McCall v. Turner |
1 Call 133, Supreme Court of Appeals of Virginia (October 01, 1797) |
1797 |
A writ cannotissue from one District Court into a nother district altho' against joint defendants. Evidence may be given to the jury on the plea of payment to a bond, that the plaintiff was absent in foreign parts beyond seas in order to extinguish the interest. THIS was an appeal from the District Court of King and Queen, upon the following case.... |
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Cases |
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| Overseers of Newton v. Overseers of Gloucester Town |
6 N.J.L. 405, Supreme Court of Judicature of New Jersey (September 01, 1797) |
1797 |
There is no difficulty in saying, that the sessions have done wrong in rejecting these witnesses, and were highly reprehensible in not stating the points which arose in the case; yet we think it a settled point, that no bill of exceptions lies to their proceedings in settlement cases, and of course we cannot receive affidavits, to prove that they... |
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Cases |
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| Polk's Lessee v. Minner |
1 Del.Cas. 443, Supreme Court of Delaware (October 01, 1797) |
1797 |
For the plaintiff, 2 Barnes 438, 2 Morg.Ess. 25, 46. |
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Cases |
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| Snow v. Callum |
1 Des. 542, Court of Chancery of South Carolina (July 01, 1797) |
1797 |
Chancellor Rutledge delivered the decree of the court. Upon considering the master's report, and on examination of the defendant's accounts, the court are of opinion that the charges for travelling expenses and overseers wages, which he has allowed to the executor, should be struck out, as they are not warranted by the act of assembly, which... |
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Cases |
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| Somerville v. Trueman's Devisees |
4 H. & McH. 43, Court of Appeals of Maryland (June 01, 1797) |
1797 |
There are such peculiar circumstances in this case, that the chancellor conceived it probable a decision of arbitrators, appointed by order of the court, with the consent of the parties, which would not operate as a precedent for the future determination of this court, or of any other regular standing tribunal, would not only be most likely to end... |
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Cases |
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| Starkey's Adm'rs v. McClure |
1 N.C. 83, Superior Courts of Law and Equity of North Carolina (March 01, 1797) |
1797 |
The Court, WILLIAMS, J. and M'COY, J. allowed the objection. NOTE.--See Ferrell v. Perry, ante, and the cases referred to in Ferrell v. Perry, 2 N. C., 2, and also Haywood v. Barnett, 20 N. C., 91. |
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Cases |
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| State v. David |
1 Del.Cas. 160, Court of Quarter Sessions of the Peace of Delaware (November 17, 1797) |
1797 |
Indictment for stealing two barrels of herrings. Non culpa. Wilson for defendant. Evidence that the fish were found buried near his well fifteen yards from defendant's house; no evidence that he knew they were there. Attorney General in his conclusion observed that the fish were found in defendant's possession, because every thing above and below... |
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Cases |
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| State v. Fraser |
2 Bay 96, Constitutional Court of Appeals of South Carolina (December 30, 1797) |
1797 |
UPON an indictment for a misdemeanor. Doctor Fraser being a royalist in the course of the revolutionary war, was put upon the confiscation list, and returned to Carolina, where his family and friends were, without his name being taken off this list, contrary to one of the clauses of the act of confiscation and banishment. Sometime after his return,... |
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Cases |
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| State v. George |
2 Del.Cas. 88, Court of Quarter Sessions of the Peace of Delaware (November 21, 1797) |
1797 |
Indictment for a rape, on Elizabeth Cliften on June 12 in N. W. F. Hundred. Mr. Wilson, attorney for prisoner, moved that the Court allow the prisoner to challenge twenty as in other capital cases, if the Act passed in 1789 [2 Del.Laws 942] would by construction admit of it. The Court were of opinion the law giving them the privilege of trial by... |
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Cases |
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| TERRITORIAL RIGHTS-FLORIDA. |
1 U.S. Op. Atty. Gen. 68 (January 26, 1797) |
1797 |
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Administrative Decisions & Guidance |
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| The Harmony |
1 Pet. Adm. 34, District Court, D New York (January 01, 1797) |
1797 |
In admiralty. Libel: To the Honourable Robert Troup, Esquire, Judge of the District Court of New York.The Libel of Richard Conklin, Owner of a Moiety of the Sloop Betsey, and Master of the said Sloop, Strong Conklin, Owner of the other Moiety, and Mate of the said Sloop, Enoch Conklin and Nathan Smith, Mariners on Board the said Sloop, against... |
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Cases |
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| Town of Bolton v. Town of Haddam |
2 Root 517 (February 01, 1797) |
1797 |
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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| Wright v. Walker |
3 N.C. 16, Superior Courts of Law and Equity of North Carolina (November 01, 1797) |
1797 |
A recovery in trover vests the property in the defendant; and a bar in trover or verdict for the defendant, is prima facie, and most generally a proof of property in him: It is not however, conclusive, as such verdict may have been upon the ground, that the defendant had not possession of the thing, and so had not then converted or held possession,... |
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Cases |
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| Anonymous |
3 N.C. 73, Superior Courts of Law and Equity of North Carolina (October 01, 1798) |
1798 |
When this court passes a judgment and the term expires, it cannot in general be set aside but by writ of error, and then only in a case where the error is in a matter of fact, to be tried by a jury; if the error be in matter of law, this court cannot reverse its own judgment for any such error, for then proseedings would be endless; but if the... |
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Cases |
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| Anonymous |
Tay. 146, Superior Courts of Law and Equity of North Carolina (November 01, 1798) |
1798 |
When this court passes a judgment, and the term expires, it can not, in general, be set aside but by a writ of error; and then only in a case where the error is in a matter of fact, to be tried by a jury. If the error be in a matter of law, this Court can not reverse its own judgment for any such error; for then proceedings would be endless; but if... |
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Cases |
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