TitleCitationYearSummaryMost RelevantTypeStatus
Dave v. Houston 1 Del.Cas. 314 (April 01, 1801) 1801 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  
Ellis v. Thilman 3 Call 3, Supreme Court of Appeals of Virginia (April 01, 1801) 1801 Delivered the resolution of the Court, that the plaintiff ought to have alledged the want of probable cause, and that the omission was not cured by the verdict: consequently, that the judgment of the District Court was erroneous, and ought to be reversed. Judgment reversed.   Cases  
Enderman v. Ashby Sneed (KY) 53, Court of Appeals of Kentucky (July 29, 1801) 1801 An act of the legislature which deprives a defendant of the right of trial by jury, where, before the constitution, he was entitled to it, is in conflict with the constitution and void. UPON A WRIT OF ERROR TO REVERSE A JUDGMENT OF THE COURT OF QUARTER SESSIONS OF FAYETTE COUNTY. It may be gathered from the bill of exceptions contained in the...   Cases  
Fleming v. Bolling 3 Call 75, Supreme Court of Appeals of Virginia (October 01, 1801) 1801 By a devise of the residue, the emblements growing on lands specifically devised to another, will pass. The testator devises that his Book shall be given up to A. and that he shall receive all the debts due, and pay all the testator owes: this is an appointment of A. to perform the office of executor, but does not cntitle him to the surplus of the...   Cases  
Foy v. Foy 3 N.C. 131, Superior Courts of Law and Equity of North Carolina (January 01, 1801) 1801 There can be no doubt as to the justice of this case: It is evident Thomas intended his half of the land to remain with the defendant; but if there be any such rule as is contended for by the complainant's counsel, it must be followed. I will take time to consider.--And finally, he decided that the parol evidence was sufficient. He said the statute...   Cases  
Giles v. Bradley 2 Johns.Cas. 253 (January 01, 1801) 1801 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  
Hannan v. Lee 1 H. & J. 131, General Court of Maryland (May 01, 1801) 1801 Where there is a special agreement, a recorery cannot be had co general counts THIS was an action of assumpsit removed from Aone-Arundel county court, by a writ of habeas corpas cam causa. The dectaration contained three counts, 1st for sundry matters, &c. as per account filed, for work done on a house; 2d for work, labour and services; and 3d a...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Hay v. Spillar's Ex'rs 3 N.C. 155, Superior Courts of Law and Equity of North Carolina (November 01, 1801) 1801 The question proposed is proper; a reversion like this may be passed by parol without deed. The question was asked and the jury found for the plaintiffs. A question was made upon the effect of the first deed, whether it conveyed the absolute property or only for life; but the Judge gave no opinion upon that point: he directed the jury to consider...   Cases  
Hostler's Adm'r v. Skull Tay. 152, Superior Courts of Law and Equity of North Carolina (May 01, 1801) 1801 The issue joined in this case is, whether the defendant is guilty of converting to his own use the plaintiff's property. The former offers to shew that he is the person who, at present, has the right both of possession and of property; and it is clear upon the evidence adduced, that the plaintiffs had neither. when the defendant obtained possession...   Cases  
Jelineau v. Jelineau 2 Des. 45, Court of Chancery of South Carolina (June 01, 1801) 1801 The Court interfered to protect and relieve a wife who was ill used, degraded and insulted by her husband; altho' he had not absolutely beaten her, nor forced her out of his house; she having retired to avoid a repetition of ill usage; and altho' the husband made an offer to receive her back again, to avoid maintaining her separately, and to elude...   Cases  
King v. Fergus 1 Del.Cas. 303 (April 01, 1801) 1801 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  
London v. Hudson 1 Del.Cas. 317 (April 01, 1801) 1801 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  
London v. Hudson 2 Del.Cas. 141 (April 01, 1801) 1801 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  
McDonough v. Templeman 1 H. & J. 156, General Court of Maryland (October 01, 1801) 1801 An agent of a corporate body contracting for the use of the corporation is not personally liable, although the contract be under seal If an agent contracts under seal, can an action of covenant be supported on the contract in the name of the principal THIS was an action of covenant. The declaration stated, that by certain articles of agreement had,...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Randolph's Ex'rs v. Randolph's Ex'rs 2 Call 537, Supreme Court of Appeals of Virginia (April 01, 1801) 1801 Delivered the resolution of the Court. That there was no error in the decree; and therefore that it was to be affirmed. Decree Affirmed.   Cases  
Resler v. Shehee 1 Cranch 110, Supreme Court of the United States (December 01, 1801) 1801 After the first term next following an office judgment, in Virginia, it is a matter of mere discretion in the court whether they will admit a special plea to be filed to set aside that judgment. This was a writ of error upon a judgment of the circuit court of the district of Columbia, sitting at Alexandria, in an action for a malicious prosecution...   Cases  
Scott v. Dorsey's Ex'rs 1 H. & J. 227, Court of Appeals of Maryland (November 01, 1801) 1801 To a bill filed by a legatee against executors for payment of a legacy, bequeathed to be paid out of the personal estate, if sufficient, if not, then out of the proceeds of certain lands to be sold, there was a demurrer stating that the personal estate being insufficient lands were directed by act of assembly to be sold and other persons, with the...   Cases  
Smith v. Williamson 1 H. & J. 147, General Court of Maryland (May 01, 1801) 1801 Right of possession only, necessary to support an action of replevin. A father is the natural guardian of his children, and where they have no other guardian, may maintain replevin for their personal property. This he may do, though the children be females, and upwards of sixteen and under twenty one years of age, at the time the property is taken...   Cases  
State v. Boon Tay. 246, Court of Conference of North Carolina (December 01, 1801) 1801 The prisoner has been found guilty of the offence charged in the indictment; whether any, or what punishment, can be inflicted upon him, in consequence thereof, is now to be decided. I will first consider whether we have any authority to inflict punishment upon him, from any act of Assembly. The Legislature in the year 1774 passed an act, entitled...   Cases  
State v. Crocker 2 Del.Cas. 150, Court of Quarter Sessions of the Peace of Delaware (December 07, 1801) 1801 Indictment, felony for stealing dry goods etc. from Thomas Lowber's store at Whiteleysburg in Kent County. Laid to the amount of [ - ].   Cases  
Sutton v. Wood Cam. & Nor. 202, Superior Courts of Law and Equity of North Carolina (June 01, 1801) 1801 The first question that arises in this case, is what estate was created in Cullen Wood by the following clause contained in Jonas Wood's will: My will and desire is, that if either of my two sons, Cullen Wood and Lawence Wood, should die without lawful issue begotten of their bodies, that, etc. It is a general dying without issue, which may...   Cases  
Tagert v. Hill Cam. & Nor. 164, Superior Courts of Law and Equity of North Carolina (June 01, 1801) 1801 It is said in this case, in argument for the defendant, that before the revolution it was the practice of the courts of equity, upon granting injunctions after verdict, to direct bond with security to be taken for the amount of the sum for which the injunction was granted; and this practice was substituted in the room of the practice in England,...   Cases  
Taylor v. Twenty-Five Thousand Dollars Bee 175, District Court, D South Carolina (November 01, 1801) 1801 In admiralty.   Cases  
Tomlinson v. Dilliard 3 Call 105, Supreme Court of Appeals of Virginia (October 01, 1801) 1801 In the year 1787, the Legislature passed an act, altering the course of descents. This act related only to lands; and was part of a system commenced with a view of conforming our laws to the genius of our government, and abolishing the feudal and monarchical principles derived to us, therein, from the parent government of Britain. The great...   Cases  
Tyson v. Simpson 3 N.C. 147, Superior Courts of Law and Equity of North Carolina (July 01, 1801) 1801 The increase of the increase ad infinitum, belongs to the owner of the original stock: the plaintiff cannot have acquired property by possession. The act of limitations did not run so as to bar the action of the administrator; the letters were obtained not till lately; and the act begins to run only from the time of obtaining them. It has been...   Cases  
VANDENHEUVEL v. THE UNITED INSURANCE COMPANY. 2 Johns.Cas. 127, Supreme Court of New York (January 01, 1801) 1801 In an action on a policy of insurance, containing a warranty of American property, it was held, that the sentence of a foreign court of admiralty, condemning the property as lawful prize, was conclusive evidence as to the character of the property, and of the breach of the warranty. But see post, this judgment was afterwards reversed in the court...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Ward v. Fox's Heirs 1 Ky. 406, Court of Appeals of Kentucky (March 01, 1801) 1801 After having examined the exhibits of this cause, and attentively considered the arguments, the court are of opinion, from the face of the record, from the facts established, from an examination of Ward's entry, and from the testimony of Young, Beckley, Berry, Lee, Orr, and Triplett, and from Cameron's pre-emption entry, that the distinction...   Cases  
Askew's Representatives v. Poyas 2 Des. 145, Court of Chancery of South Carolina (July 01, 1802) 1802 To a bill praying for the specific performance of a parol agreement for the sale of land, the defendant answered and denied the agreement as charged by the bill; but set up another agreement which he insisted upon he had complied with. The complainant is not at liberty to support the alleged parol agreement by parol evidence. Defendant denying the...   Cases  
Atkinson v. Patton 1 Cranch C.C. 46, Circuit Court, District of Columbia (January 01, 1802) 1802 Slander. Office judgment at the rules before last term.   Cases  
Chapman v. Washington 4 Call 327, Supreme Court of Appeals of Virginia (April 01, 1802) 1802 Delivered the resolution of the court, that the decree of the high court of chancery was to be affirmed.   Cases  
Charges to Grand Jury 2 Del.Cas. 168, Court of Common Pleas of Delaware (November 16, 1802) 1802 The Attorney General, gentlemen, will forward to you all such bills of indictment as shall be put in prosecution, and will also furnish you with such advice and assistance as you may require in the progress of your business.   Cases  
Charges to Grand Jury 2 Del.Cas. 168 (November 16, 1802) 1802 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  
Cruger v. Heyward 2 Des. 94, Court of Chancery of South Carolina (January 01, 1802) 1802 A father is bound to maintain and educate his minor son if he be of ability, though that son has a considerable estate aliunde: and he must account for the rents of his son's estate, though his own had been much injured by the war. A devise of real estate to a son B.; but if he died without issue, to a grandson D. and his heirs for ever; the...   Cases  
Cummings v. State 1 H. & J. 340, General Court of Maryland (October 01, 1802) 1802 THE COURT of Oyer and Terminer, &c. gave judgment upon the case stated for the State; and the prisoner brought a writ of error. The record of proceedings was certified and attested by the clerk in the usual manner of attesting proceedings in civil proceedings. Martin, (Attorney General,) moved to quash the writ of error, and the return thereto. He...   Cases  
Elliott's Ex'rs v. Lyell 3 Call 268, Supreme Court of Appeals of Virginia (October 01, 1802) 1802 This is an action of debt, against the executors of Richard Elliott, on a joint bond entered into by the said Richard Elliott, with T. Butler and W. Walker, on the 17th of October, 1782. At the trial, the plaintiff having offered the bond in evidence to support his action, the defendant objected thereto, and applied to the Court to instruct the...   Cases  
Galloway v. Morris 3 Yeates 445, Supreme Court of Pennsylvania (January 01, 1802) 1802 Master of a ship no witness to prove the propriety of his discharge of a mate in a foreign port, without a release from the owners. Qu. Whether such release must not be by all the owners? Such grounds of discharge must be very strong to justify it. A privilege of 3 tons or $500 in lieu of it, payable at a foreign port to a mate, in addition to his...   Cases  
Garretson v. Cole 1 H. & J. 370, Court of Appeals of Maryland (November 01, 1802) 1802 If a patent be obtained fraudulently, or contrary to the rules of the land office, it is voidable or void in a court of law, as well as in a court of equity--and if suit be first brought at law, in which the validity of such patent might be tried, equity will not afterwards interfere. Where a court of equity decrees a conveyance from the defendant...   Cases  
Hairston v. Hall 3 Call 218, Supreme Court of Appeals of Virginia (April 01, 1802) 1802 Delivered the resolution of the Court, that the judgment was erroneous and to be reversed, as it did not appear that there was any assent of the executor to the legacy.   Cases  
Hamilton v. Peace 2 Des. 79, Court of Chancery of South Carolina (January 01, 1802) 1802 A person wrote instructions to his attornies, to collect the debts due to him, and to divide the money among themselves They did so in part; but having bonds for large sums, which they could not collect immediately, they divided these bonds among themselves. He afterwards wrote other instructions to them to go on collecting, and to divide the money...   Cases  
Harris v. McCullen 2 Del.Cas. 176, Court of Common Pleas of Delaware (November 26, 1802) 1802 Brought to April, 1801. Case. Pleas, non assumpsit, discontinuance, Limitations.   Cases  
Harris v. McCullen 2 Del.Cas. 176 (November 26, 1802) 1802 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  
Harrison v. Allen 3 Call 289, Supreme Court of Appeals of Virginia (October 01, 1802) 1802 In this cause, two questions occur: 1. Whether the descent law of 1785 was in force, or not, at the time of Wm. Allen's death, which happened in 1783? 2. Whether the statute, respecting wills, of 1785, operating upon the will of the said Wm. Allen, will pass his lands acquired after the date thereof? As to the first question; it was rightly...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Henderson v. Foote 3 Call 248, Supreme Court of Appeals of Virginia (October 01, 1802) 1802 In June, 1796, the appellants, as surviving partners of Glassford & Co., commenced an action on the case against John Fitzhugh and Margaret his wife, as executors of Richard Foote, in the County Court of Prince William. The declaration contains four counts: 1. An indebitatus assumpsit for goods sold and delivered to the testator by John Riddle,...   Cases  
Hill v. Burrow 3 Call 342, Supreme Court of Appeals of Virginia (October 01, 1802) 1802 Devise of lands to T. H. to him and his heirs forever; but, in case T. H. dies without a lawful heir, remainder over to R. H. and his heirs forever, created an estate tail in T. H. and consequently is barred by the act of Assembly for docking entails. In ejectment brought by Hill against Burrow, for a tract of land, the jury found a special...   Cases  
Jones v. Waples 2 Del.Cas. 159, Court of Common Pleas of Delaware (April 01, 1802) 1802 Venire facias juratores. Jury sworn to try whether any and what damages plaintiff has sustained by reason of the dam erected by Waples, and whether said dam is so injurious it not to continue, etc.   Cases  
Jones v. Waples 2 Del.Cas. 159 (April 01, 1802) 1802 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  
Jones v. Watson 3 Call 253, Supreme Court of Appeals of Virginia (October 01, 1802) 1802 The subject of this dispute was before the Court in October, 1799, in the case of Jones v. Williams, another residuary legatee in Watson's will. The neglect of the executors, in not accounting from 1752 to 1786, was then, as now, complained of, for which some apology was then suggested and approved by the Court, from the supposed confidence which...   Cases  
McRaa v. Smith 2 Bay 339, Constitutional Court of Appeals of South Carolina (December 30, 1802) 1802 MOTION for new trial. This was an action of trespass to try the title to a lot of land in the town of Camden, before WATIES, J. in which there was a verdict for the defendant. Plaintiff moved for a new trial, on the ground of misdirection, and as a verdict against law. The case was as follows: Col. Thomas Lide, in his lifetime, to wit, in the year...   Cases  
Poindexter's Ex'rs v. Barker 3 N.C. 173, Superior Courts of Law and Equity of North Carolina (April 01, 1802) 1802 If a Judge gives an opinion and afterwards discovers a mistake, he should rectify it as early as possible. If a nonsuit has taken place in consequence of it, he should set it aside. I think the act of congress was not intended to prescribe one mode only of authentication in exclusion of all others; such as were before used in the courts of this...   Cases  
Read v. Payne 3 Call 225, Supreme Court of Appeals of Virginia (April 01, 1802) 1802 An ex parte affidavit of a witness to the will, stating matters not appearing in the will, is no evidence; and ought not to be recorded. What passes under a residuary devise. Jesse Payne, by his last will, after some specific devises of land to his sons, devised as follows: I give and bequeath unto my beloved wife Frances Payne, during her...   Cases  
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