| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Cager v. White |
1 Del.Cas. 181 (April 01, 1798) |
1798 |
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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| Case of Lyon |
Whart.St.Tr. 333, Circuit Court, D Vermont (October 09, 1798) |
1798 |
This was an indictment, under the act of July 14, 1798, against Matthew Lyon, for the publication of a seditious libel. The indictment which was found on October 5, 1798, contained three counts, the first of which, after averring the intent to be to stir up sedition, and to bring the president and government of the United States into contempt,... |
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Cases |
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| Dorsey's Ex'rs v. Dorsey's Adm'r |
4 H. & McH. 231, Court of Appeals of Maryland (June 01, 1798) |
1798 |
At October term, 1795, the auditor made his report, stating the sum of 5784l.i 5is.i 1Id, including interest to the 1st of September 1795, to be due from the defendants to the complainant. There being no exceptions filed to the auditor's report, although motion and order, &c. the chancellor decreed that the said report, and the account stated by... |
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Cases |
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| Duvall v. Wells |
4 H. & McH. 163, General Court of Maryland (May 01, 1798) |
1798 |
ERROR to Anne-Arundel county court. It was an action of replevin brought by the plaintiff in error; and the cause, by consent, was referred to arbitrators. An award was returned, whereby the arbitrators awarded, that the plaintiff should pay unto the defendant the sum of 87l.i 10is.i 0Id. current money, being the sum due for rent for which the... |
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Cases |
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| Fowler v. Saunders |
4 Call 361, Supreme Court of Appeals of Virginia (October 01, 1798) |
1798 |
The court is of opinion, that the facts stated in the proceedings are too imperfect to enable the court to decide upon the supposed merits of the cause, arising under the several acts of assembly therein mentioned; but if it were otherwise, it would be improper to discuss the subject upon this unusual bill, lest injury should be produced to... |
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Cases |
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| Gibbes v. Mitchell |
2 Bay 120, Constitutional Court of Appeals of South Carolina (January 01, 1798) |
1798 |
UPON a rule to shew cause, why an execution fi. fa. should not be set aside, on the ground, that more than a year and a day had elapsed before it was issued, without the judgment being renewed by a sci. fa. The judgment was entered up in this case against defendant on bond, on the 7th of August, 1795; fi. fa. was lodged the 1st of February, 1796;... |
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Cases |
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| Goodall v. Bullock |
Wythe 328, High Court of Chancery of Virginia (May 01, 1798) |
1798 |
If the Sheriff neglect to return an execution, at the request of the plaintiff, he is not liable to a fine; and a judgment for such fine may be enjoined; and though the answer deny such request, yet the testimony of the one witness proving it is sufficiently corroborated by the plaintiffs having rested for three years without complaint that the... |
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Cases |
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| Grant v. Winborne |
3 N.C. 56, Superior Courts of Law and Equity of North Carolina (April 01, 1798) |
1798 |
The premises in question consist of a small parcel of land comprized in a grant to Skippen, dated in 1725, and also in a grant to the father ef the lessor of the plaintiff, dated in 1762; which latter grant lopped over upon the former. It is admitted the former patentee once had title to it; but it is contended that there has been such a possession... |
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Cases |
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| Griffith v. Griffith's Ex'rs |
4 H. & McH. 101, General Court of Maryland (May 01, 1798) |
1798 |
Upon an examination of the various acts of assembly which have been passed upon the subject of the estate of deceased persons, it appears, by the act of Feb. 1638, ch. 20, that the widow of a deceased intestate was entitled to one moiety of the personal estate, after payment of debts, &c. if the deceased left a child or children; but if he left no... |
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Cases |
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| Hillingsworth v. Zollicoffer |
3 N.C. 72, Superior Courts of Law and Equity of North Carolina (October 01, 1798) |
1798 |
The case cited for the plaintiff is now the established law and it governs the present. Verdict and judgment for the plaintiff. |
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Cases |
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| Hooe v. Marquess |
4 Call 416, Supreme Court of Appeals of Virginia (October 01, 1798) |
1798 |
The frauds charged in the bill would, if proved, be a foundation for application to a court of equity: and this dispenses with the necessity of considering the general question of jurisdiction under the act of assembly. An important one indeed, and reserved until its decision shall be necessary. Proceeding to the merits, we observe that the... |
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Cases |
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| Killingsworth v. Zollikoffer |
Tay. 143, Superior Courts of Law and Equity of North Carolina (January 01, 1798) |
1798 |
The case cited for the plaintiff is now the established law, and it governs the present suit. Verdict for the plaintiff. NOTE.--See Farrell v. Perry, 2 N. C., 2, and the note thereto. |
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Cases |
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| Stanley v. Miers |
1 Brev. 24, Constitutional Court of Appeals of South Carolina (April 01, 1798) |
1798 |
Defendant in trover ordered to give bail to the action, as the condition of a continuance of the cause granted at his instance. |
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Cases |
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| State v. Pompey |
2 Del.Cas. 113, Court of Quarter Sessions of the Peace of Delaware (December 01, 1798) |
1798 |
Indictment for murder of Thomas Bailey, who resided in Murderkill Hundred. Vining assigned by Court as counsel for prisoner. Ridgely, Attorney General. You will, gentlemen, according to the evidence adduced to you find the prisoner either guilty of murder or manslaughter. Benedict Anderson, sworn. Myself and Bailey had gone to Barthew and Sons July... |
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Cases |
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| Witherington v. Williams |
Tay. 134, Superior Courts of Law and Equity of North Carolina (September 01, 1798) |
1798 |
Mr. Caswell was trustee for the widow and children, to make the purchase; but having done so, the trust was at an end, and the property vested in them as joint-tenants. The joint-tenancy was severed as to the widow, by her intermarriage with Williams; as to the children, by the Act of 1784, and each held a third in severalty. The gift by the... |
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Cases |
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| Anderson v. Anderson |
2 Call 198, Supreme Court of Appeals of Virginia (October 01, 1799) |
1799 |
The power of the court of chancery, over an appeal to this court, ceases on the first day of the next term, after the decree was pronounced. And therefore if security be given in the vacation that court cannot disallow the appeal because the appellant does not give other security. Marriage settlement must be recorded, within eight months, or it... |
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Cases |
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| Covenhoven v. Seaman |
2 Cai. Cas. 322, Supreme Court of New York (January 01, 1799) |
1799 |
In an action of debt, on a recognizance, given in an action de homine replegiando, that the plaintiff, who sued out the writ of replevin, should prove his liberty, &c. and personally appear in court, and prosecute his suit to effect, and the plaintiff suffered a judgment of nonsuit, and then surrendered himself to the defendant, who... |
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Cases |
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| Covenhoven v. Seaman |
2 Cai. Cas. 322 (January 01, 1799) |
1799 |
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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| Davidge v. Chaney |
4 H. & McH. 393, General Court of Maryland (October 01, 1799) |
1799 |
The court are of opinion, that where the words in a will would create an estate-tail in lands either expressly or by implication, that the limitation over of personal property is not good, unless indefinite expressions, dying without issue, or heirs of his body, are restricted by some expressions or words in the will indicative of an intention that... |
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Cases |
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| Dick v. Gibbins |
1 Del.Cas. 222 (April 30, 1799) |
1799 |
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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| Draper v. Freeny |
1 Del.Cas. 248 (November 17, 1799) |
1799 |
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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| Eppes v. Randolph |
2 Call 125, Supreme Court of Appeals of Virginia (October 01, 1799) |
1799 |
Deed reacknowledged within 8 mont hs, from its date, and recorded within 4 months from the reacknowledgment is good from the date of the reacknowledgment, altho' there are more than 8 months between the time when the deed was first executed and the day of recording it.--Although the deed does not mention, that it was made in consideration of a... |
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Cases |
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| Flemings v. Willis |
2 Call 5, Supreme Court of Appeals of Virginia (October 01, 1799) |
1799 |
This is a bill for a specific execution of a marriage agreement, in which we are permitted by reason and authority (notwithstanding the agreement was reduced to writing,) to hear parol proof, of what was the real intention of the parties; the governing principle of the decree. Col. Champe had acquired a large tract of land where he lived; and... |
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Cases |
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| Gassaway v. Dorsey |
4 H. & McH. 405, General Court of Maryland (October 01, 1799) |
1799 |
The court are of opinion, that the office copy of the deed of mortgage may be given in evidence to the jury; because the said deed, including real and personal property, appears to have been acknowledged before a justice of the provincial court, who was competent to take the acknowledgment of a deed transferring both real and personal property; and... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Gordon v. Harvey |
4 Call 450, Supreme Court of Appeals of Virginia (April 01, 1799) |
1799 |
If there was any real ground to believe, that other testimony could have been procured, the plaintiff should have moved the district court for a continuance of the cause; and not have waited until a verdict was rendered against him; and then bring it forward as ground for a new trial, after having taken his chance with the jury. |
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Cases |
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| Hacket v. Alcock |
1 Call 533, Supreme Court of Appeals of Virginia (April 01, 1799) |
1799 |
That the bond was given to secure a title to the land, and was to be void upon making a conveyance, is proved by three witnesses present and not contradicted. They speak of the whole tobacco as on the same footing; with the contract for the land which probably proceeded from inattention of the parties at the time. It is stated in the answer and... |
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Cases |
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| Hancock v. Hovey |
Tay. 104, Superior Courts of Law and Equity of North Carolina (January 01, 1799) |
1799 |
The act of Assemly referred to does not reach this case. It does not require a deed of gift as essential to constitute a title, but merely provides that where a deed of gift is made it shall be recorded. |
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Cases |
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| Hazzard v. Walton |
1 Del.Cas. 221 (April 30, 1799) |
1799 |
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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| Ingram's Heirs v. Cocke |
1 Tenn. 22, Superior Court of Law and Equity of Tennessee (May 01, 1799) |
1799 |
When governments de facto cease to exist, the former or legitimate governments usually furnish, by legislative acts, the grounds upon which the courts proceed. North Carolina designed, by the act of 1786, 23, 1, that the judicial proceedings under the Franklin government should remain obligatory on the parties, unless incompatible with justice. And... |
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Cases |
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| Joyce v. Williams |
Tay. 27, Superior Courts of Law and Equity of North Carolina (April 01, 1799) |
1799 |
The 8th section of our Act of Assembly of 1777, though expressed in different terms, is substantially the same with the Statute of 23 Hen. 6, cap. 7; and it is directed to the same humane and politic ends, namely, to guard debtors from the oppression and extortion of the sheriffs and their officers; for if these latter were permitted to take bonds... |
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Cases |
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| Leonard v. Caskin |
Bee 146, District Court, D South Carolina (June 10, 1799) |
1799 |
In admiralty. |
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Cases |
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| Lowe v. Boteler |
4 H. & McH. 346, General Court of Maryland (May 01, 1799) |
1799 |
The court are of opinion, that the evidence of the confession of Boteler, one of the defendants, is legal and admissible to support this action against the other defendant, Eastburn. The defendant, Eastburn, excepted, but no appeal was prosecuted. |
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Cases |
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| Macon v. Crump |
1 Call 575, Supreme Court of Appeals of Virginia (January 01, 1799) |
1799 |
Quere. If there be no profert of the deed, & the defendant takes oyer he can take advantage of a variance by demurrer? If one of two ex'rs refer a matter in his own right and one in right of his testator, and the referees award thereon a sum of money to him self, and another to him and his coex'r, the award is good. In such a case he may sue upon... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Martin v. Brown |
7 N.J.L. 305, Supreme Court of Judicature of New Jersey (November 01, 1799) |
1799 |
The declaration of independence, on the 4th of July, 1776, did not operate so completely to disunite the United States from England, as to subject all British antenati to the disabilities of alienage; their rights continued till the acknowledgment, by Great Britain, of our independence. An alien, whose rights are guaranteed to him by treaty, and... |
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Cases |
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| Philip v. Kirkpatrick |
2 Yeates 444, Supreme Court of Pennsylvania (January 01, 1799) |
1799 |
On the second count, the plaintiffs cannot recover, without they shew the particular sum agreed on. If the first count on the quantum valebant had been generally for work, labour and service, and that the defendant had agreed to pay what it was reasonably worth, the evidence proposed, would be proper and relevant; but as the declaration states,... |
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Cases |
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| Pollard v. Coleman |
4 Call 245, Supreme Court of Appeals of Virginia (April 01, 1799) |
1799 |
The objection that the appellees cannot intrude themselves into the contract of Rogers, and insist upon the performance of it, is immaterial. For the contract is already confirmed by the decree in the former suit; and, as Pollard made Mrs. Coleman a party to that suit, and Rogers has left the state, she has a right to avail herself of the benefit... |
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Cases |
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| Price v. Campbell |
2 Call 110, Supreme Court of Appeals of Virginia (October 01, 1799) |
1799 |
This case viewed in its proper light, is really a very short one, and as I think a very plain one. It has but two real questions in it. 1. Whether the contract was usurious? 2. Whether the claim is barred by the statute of limitations? In order to simplify the case, I may throw out of it some points which are too plain for discussion. As first... |
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Cases |
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| Selden v. King |
2 Call 72, Supreme Court of Appeals of Virginia (October 01, 1799) |
1799 |
This case depends upon the construction of the will of Joseph Achilly dated on the 11th of March 1699/1700. And, before I go into this construction, I will mention two or three principles, which I hold to be incontestable, and, under the influence of which, I think that construction ought to be made. 1. Then it is a rule, that in construing a will... |
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Cases |
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| Shelton v. Ward |
1 Call 538, Supreme Court of Appeals of Virginia (April 01, 1799) |
1799 |
The high sheriff may give oraltes stimony in a motion ag'st his deputy, that the recovery ag'st himself was grounded on the misconduct of the deputy. A motion in such a case will lie ag'st the deputy sheriff under the act of 1793. THIS was a motion made by Ward, in April 1798, in the District Court of New London, for a jndgment, for the... |
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Cases |
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| Smith v. Weaver |
Tay. 58, Superior Courts of Law and Equity of North Carolina (October 01, 1799) |
1799 |
It is not necessary to enquire what would have been the legal consequences as applied to the present suit, if a felony had been committed; because that fact, having been properly put in issue upon a criminal prosecution, has been negatived by the finding of a jury. The plaintiff in prosecuting for the felony has done all that the law requires of... |
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Cases |
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| State v. James |
2 Bay 215, Constitutional Court of Appeals of South Carolina (April 01, 1799) |
1799 |
It is a general rule with regard to arrests of judgment upon matter of law, that whatever is alleged in arrest of judgment, must be such matter as would upon a demurrer or plea in bar, be sufficient to overturn or destroy the action. 1 Cromp. 327. And the rule is the same both in civil and criminal cases. Now there is no doubt, but the act of 1748... |
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Cases |
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| State v. Parrimore |
2 Del.Cas. 124, Court of Quarter Sessions of the Peace of Delaware (April 27, 1799) |
1799 |
Indictment, assault and battery and false imprisonment. |
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Cases |
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| State v. Prettyman |
1 Del.Cas. 217, Court of Quarter Sessions of the Peace of Delaware (April 01, 1799) |
1799 |
Indictment, assault and battery. A Mulatto (the person injured), whose mother is white, offered as a witness by defendant, and objected to by Ridgely. Bayard. By 2 Del.Laws 887, No person manumitted etc. can give evidence against a white person, but he may for him, because the Act does not exclude such evidence. In Strange Reports it is ruled... |
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Cases |
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| State v. Prettyman |
2 Del.Cas. 125, Court of Quarter Sessions of the Peace of Delaware (April 27, 1799) |
1799 |
Verdict, not guilty. |
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Cases |
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| Taliaferro v. Minor |
1 Call 524, Supreme Court of Appeals of Virginia (April 01, 1799) |
1799 |
It was objected that the trustees sold upon credit, and not for ready money. But this at best is doubtful; and we think, under the circumstances of the case, ought not to have been insisted on. For they acted with the general approbation of the parties concerned; had no interest in the transaction themselves; and appear to have only wished to give... |
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Cases |
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| Torris v. Long |
Tay. 17, Superior Courts of Law and Equity of North Carolina (January 01, 1799) |
1799 |
The Court, in its charges to the jury, said that the last count upon a deceit was incompatible with the two former which are founded upon promises, and consequently require a different plea. That the ancient way of declaring, in this action, was in deceit, which had been changed for the convenience of adding to the declaration a general count for... |
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Cases |
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| U.S. v. Robins |
Bee 266, District Court, D South Carolina (January 01, 1799) |
1799 |
The question before the court was grounded on a habeas corpus, to bring up Jonathan Robbins, who was commited to jail in February, 1799, on suspicion of having been concerned in a mutiny on board the British frigate Hermione, in 1791; which ended in the murder of the principal officers, and carrying the frigate into a Spanish port; and on a motion... |
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Cases |
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| Wade v. Barnwell |
2 Bay 229, Constitutional Court of Appeals of South Carolina (December 30, 1799) |
1799 |
The judges after duly considering the circumstances of the case submitted to them by this special verdict, were unanimously of opinion, that the judgment should be rendered up for the defendant John Barnwell. The jus postliminium, upon which this case turns, and by virtue of which, things taken by an enemy are to be restored to their former state... |
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Cases |
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| Ward v. Morris & Nicholson |
4 H. & McH. 330, General Court of Maryland (May 01, 1799) |
1799 |
ATTACHMENT on warrant under the act of November 1795, ch. 56, removed to this court from Prince-George's county court, by a writ of certiorari. Under this attachment, squares and lots lying within the city of Washington, in the District of Columbia, were attached by the sheriff of Prince-George's county. The following admission of facts were... |
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Cases |
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| Anonymous |
3 N.C. 127, Superior Courts of Law and Equity of North Carolina (October 01, 1800) |
1800 |
She cannot be received as a witness. The father himself could not be a witness, because he shall not be suffered to defeat his own deed; and if he could not, neither can the wife, for she is not competent to prove a fact which he could not be admitted to prove. He relied on 1 Term, 296, and said he was not aware of any decision which had restrained... |
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Cases |
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