| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Reed v. Harrod |
Sneed (KY) 164, Court of Appeals of Kentucky (June 02, 1802) |
1802 |
A bond given for money lost at gaming was assigned to a third party, and the obligor discharged this bond by executing his obligation to the assignee for the conveyance of land. In an action by his heir to set aside the obligation for the conveyance of the land--Held: That the case was not within the act providing that sales of land in satisfaction... |
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Cases |
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| Richardson v. Sinkler |
2 Des. 127, Court of Chancery of South Carolina (May 01, 1802) |
1802 |
Testator directs his funded stock to be kept till his youngest child should come of age, or marry; and then to be divided among his children that might be living, and his wife, if then his widow. A child born after making the will, is entitled to a share of the stock. Personal property bequeathed to a particular legatee on conditions, does not pass... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Sanders v. Hamilton |
Brunn.Coll.C. 20, Circuit Court, D North Carolina (December 01, 1802) |
1802 |
At law. |
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Cases |
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| Shreve v. Budd |
7 N.J.L. 431, Supreme Court of Judicature of New Jersey (November 01, 1802) |
1802 |
Two questions have been made the subject of discussion. 1. Can an action be sustained upon the case set forth in the declaration? 2. Was the evidence sufficient to entitle the plaintiff below to recover? As to the first, it appears, from a view of the whole act for the settlement and relief of the poor, that to prevent the charity of individuals... |
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Cases |
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| Smelie's Ex'r v. Reynolds |
2 Des. 66, Court of Chancery of South Carolina (January 01, 1802) |
1802 |
A man married a lady possessed of some personal property, for which she was indebted by bond. He paid the debt, and also executed a deed, by which he gave the property to his wife, to take effect after his death. There was no trustee named. Afterwards, she made her will, which was written by her husband. She bequeathed several legacies, and the... |
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Cases |
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| State v. Dawson |
2 Bay 360, Constitutional Court of Appeals of South Carolina (December 30, 1802) |
1802 |
There ought to be a new trial in this case, as there is no knowledge of this fact brought home to the defendant, nor any general directions proved against him; and although the prosecution might be maintained against the clerk who received the corn, yet there is no proof to charge the defendant, as was very properly laid down by the presiding judge... |
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Cases |
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| State v. Johnson |
1 Brev. 155, Constitutional Court of Appeals of South Carolina (May 01, 1802) |
1802 |
A justice of the peace may commit for a contempt in his presence, whilst engaged in the performance of his duties as a public magistrate. The authority of courts to commit for contempt is not abridged by the 34th section of the act of 1731, P. L. 129, giving authority to fine for contempt, and to imprison until the fine is paid. Nor, as it seems,... |
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Cases |
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| State v. Johnson |
2 Bay 385, Constitutional Court of Appeals of South Carolina (December 30, 1802) |
1802 |
UPON an indictment for oppression in office, by committing one Rachel Hart to prison. Upon this indictment, the defendant Mr. Johnson had been convicted. This was a motion for a new trial, on the ground that the conviction was not warranted in law. This case was tried before GRIMKE, Justice, and the facts were briefly stated by him to be the... |
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Cases |
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| State v. Tindal |
2 Del.Cas. 169, Court of Quarter Sessions of the Peace of Delaware (November 18, 1802) |
1802 |
Indictment for kidnapping. |
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Cases |
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| Stone v. Rafter |
1 H. & J. 364, General Court of Maryland (October 01, 1802) |
1802 |
The defendant may, in an action of assumpsit for money had and received, give in evidence an account in bar without pleading it in discount or filing it. An account in bar or set off is inadmissible in evidence in an action of assumpsit on a special agreement. ASSUMPSIT, and the declaration contained two counts, one for money had and received, and... |
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Cases |
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| Wade v. Edwards |
Cam. & Nor. 416, Superior Courts of Law and Equity of North Carolina (June 01, 1802) |
1802 |
It appears by the record in this case that the plaintiff had possession of the property in question, under an order of the court of Halifax County in the State of Virginia, which directed that the property should be delivered by the executrix to him for his greater security; and that the Court was empowered by the laws of that State to make such an... |
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Cases |
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| Wade v. Edwards |
3 N.C. 221, Superior Courts of Law and Equity of North Carolina (October 01, 1802) |
1802 |
decided against the plaintiff principally on the last ground; thinking that such possession constituted a special property sufficient for a recovery in detinue. Verdict accordingly. Quere de hoc. |
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Cases |
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| Young v. Farrel |
3 N.C. 219, Superior Courts of Law and Equity of North Carolina (October 01, 1802) |
1802 |
As to the evidence in the first place, it cannot be regarded by the jury; they have nothing to do with it: And as to the replication, the act of 1715 is in force; the jury are to say whether the act bars the plaintiff's claim. From this charge, the reporter inferred the opinion of his Honor to be, that the replication thus entered was to be... |
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Cases |
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| Anonymous |
3 N.C. 231, Superior Courts of Law and Equity of North Carolina (January 01, 1803) |
1803 |
THIS was an action to recover back monies, notes and other articles of property paid and delivered to the defendant by the plaintiff, as being won of him by gaming at cards. The facts were proved, and This case did not proceed to judgment, owing to the dispersion of the jury, by a cry of fire; but Hall, Judge, told the Reporter, he was clearly of... |
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Cases |
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| Avant v. Sweet |
1 Brev. 228, Constitutional Court of Appeals of South Carolina (April 01, 1803) |
1803 |
An implied acknowledgment of a promise made, revives the contract, or is evidence of a new promise to satisfy the debt; but an acknowledgment that a wrongful act was done, cannot be so coupled with the wrongful act as to preserve it from the operation of the statute of limitations. If improper evidence has been admitted at the trial, it will... |
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Cases |
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| Berry's Lessee v. Berry |
1 H. & J. 417, General Court of Maryland (May 01, 1803) |
1803 |
The rules which have been adopted in the construction of wills are well established, and when conformed to generally lead to a right decision of all litigated questions arising under them. The intention of the testator is to prevail; but that intention must accord with the rules of law, and is to be collected from the words of the will. The heir at... |
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Cases |
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| Bradley v. Goodyear |
1 Day 104, Supreme Court of Errors of Connecticut (June 01, 1803) |
1803 |
Action of book debt will not lie, to recover money paid on a note, and not applied. Plaintiff cannot, in any action, be a witness, to prove such payment. Action of book debt. Plea, the general issue. Verdict for the plaintiff. A bill of exceptions was filed, by the defendants, stating, that the only matter in dispute between the parties was the... |
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Cases |
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| Cary v. Macon |
4 Call 605, Supreme Court of Appeals of Virginia (October 01, 1803) |
1803 |
This day came the parties by their counsel, and the court having maturely considered the transcript of the record of the decree aforesaid, and the arguments of counsel, delivered the following opinion: The various statements of accounts by the commissioner, and the conflicting opinions delivered at different times by the court of chancery, apparent... |
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Cases |
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| Cockfield v. Hudson |
1 Brev. 311, Constitutional Court of Appeals of South Carolina (November 01, 1803) |
1803 |
Adverse possession of personal property gives a title under the statute of limitations; and the plaintiff in trover may recover on such title against the former owner. |
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Cases |
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| Connolly v. Stewart |
1 Brev. 271, Constitutional Court of Appeals of South Carolina (May 01, 1803) |
1803 |
Under the act of 1698, a mortgage of a chattel interest in land, must be recorded in the Register's office: and where such a mortgage has been recorded in the office of the Secretary of State, and not in the Register's, it will be postponed to a junior mortgage recorded in the latter. The distinction in the act, as to the offices in which mortgages... |
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Cases |
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| Connoly v. Stewart |
2 Bay 509, Constitutional Court of Appeals of South Carolina (January 01, 1803) |
1803 |
THIS was a question between two mortgages of the same land, to determine the right of priority. Connoly had the eldest mortgage, and Stewart the younger one. But the former was recorded in the secretary's office, and the latter in the office of the register of mesne conveyances. In this state, both the mortgagees remained contented and satisfied,... |
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Cases |
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| Deas v. Smith |
1 Cai. R. 171, Supreme Court of New York (August 01, 1803) |
1803 |
If a witness has been in the power of a plaintiff, he must show endeavours to obtain his testimony, or he will not be allowed to urge the want of it for not going to trial. Counter affidavits to those in opposition to a motion, not admissible. If a suit be called and passed, the reasons why should be made appear by the counsel in the cause. If... |
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Cases |
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| Deas v. Smith |
1 Cai. R. 171 (August 01, 1803) |
1803 |
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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| D'Urphey v. Nelson |
1 Brev. 289, Constitutional Court of Appeals of South Carolina (November 01, 1803) |
1803 |
Under the stat. 5 Geo. 2, c. 7, ยง 4, which provides that lands and other hereditaments and real estates, in the colonies, shall be assets for the payment of debts, and shall be subject to like remedies for the sale thereof, in like manner as personal estates, the lands of an intestate may be sold by execution on a judgment against his... |
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Cases |
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| Givens v. Calder |
2 Des. 171, Court of Chancery of South Carolina (July 01, 1803) |
1803 |
A parol agreement for the sale of land will not be decreed specifically against the heir of the vendor, though he had given instructions in writing, stating the terms, to an attorney to draw the deeds of conveyance. The deeds were drawn, and the vendor took them home and wrote to the vendee that the deeds were ready, and requested her to attend and... |
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Cases |
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| Gruber v. Boyles |
1 Brev. 266, Constitutional Court of Appeals of South Carolina (May 01, 1803) |
1803 |
Where a conveyance is impeached for fraud as to creditors, the declarations of the parties to it, made at the time of its execution, are not admissible in evidence, to shew that it was not made with a fraudulent intent. The party cross-examining a witness has a right to stop him, if his answer to the question put tends to matters, which the party,... |
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Cases |
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| Hamilton v. Russell |
1 Cranch 309, Supreme Court of the United States (February 01, 1803) |
1803 |
An absolute bill of sale of goods, is fraudulent as to creditors, unless possession accompanies and follows the deed. The want of possession is not merely evidence of fraud, but is a circumstance per se, which makes the transaction fraudulent in point of law. The court are not bound to give an opinion on an abstract point of law, unless it be so... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Henderson v. Brown |
1 Cai. R. 92, Supreme Court of New York (May 01, 1803) |
1803 |
If a house be liable to be assessed, trespass will not lie against an inferior officer for executing a warrant of distress though the assessment be erroneous. TRESPASS for breaking and entering the plaintiff's close, called the New Theatre, and taking and carrying away three hundred and twenty-five pieces of silver coin, of the value of one dollar... |
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Cases |
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| Henderson v. Brown |
1 Cai. R. 92 (May 01, 1803) |
1803 |
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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| JAMES CAMPBELL v. HERBERT WALLACE. |
3 Yeates 572, Supreme Court of Pennsylvania (January 01, 1803) |
1803 |
However hard the present case may be, it seems to me, that the parol evidence cannot be received, without infringing the rules of evidence, and introducing the greatest mischiefs. Records import absolute truths, and must be tried by themselves alone. They shall not be contradicted by witnesses of the best credit. Gilb. Law Evid. 7. Co. Lit. 117, b.... |
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Cases |
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| Johnston v. Pasteur |
3 N.C. 230, Superior Courts of Law and Equity of North Carolina (January 01, 1803) |
1803 |
was of contrary opinion; and under his direction the jury found for the plaintiffs. And there was judgment for the plaintiffs. |
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Cases |
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| Kershaw's Ex'rs v. Boykin |
1 Brev. 301, Constitutional Court of Appeals of South Carolina (November 01, 1803) |
1803 |
The truth of the recital in a legislative grant cannot be inquired into in an action by the grantee, against a wrong doer for the thing granted. The reasons set forth by the legislature, whether founded in mistake, or in truth, cannot affect the operation of the enacting clause. An abandonment of the right of the State to personal property will not... |
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Cases |
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| Maine v. Dickinson's Adm'r |
2 Des. 191, Court of Chancery of South Carolina (May 01, 1803) |
1803 |
The complainants bill was for a discovery and account. They claimed under a voluntary deed of gift, to a neice. The defendant relied on a release, and a receipt, of a later date, as full settlements of the estate. It was in proof that no money was paid at the time of signing the release and receipt, and no actual consideration was established;... |
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Cases |
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| Mason v. The Blaireau |
16 F.Cas. 1009, District Court, D Maryland, and Circuit Court, D Maryland (January 01, 1803) |
1803 |
This was a libel for salvage, filed in the district court of the United States for Maryland district, by [William Mason and others] the master, officers, crew, owner, and freighters of the British merchant ship the Firm, against the French ship Le Blaireau. The facts stated in the proceedings and evidence were as follows: The ship Le Blaireau,... |
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Cases |
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| Mosby v. Leeds |
3 Call 439, Supreme Court of Appeals of Virginia (May 01, 1803) |
1803 |
Distress for rent cannot be made off the demised premises; and, therefore, an attachment served upon property found off the premises, was preferred to it. [An agreement without a consideration, is no bar to legal rights.] Leeds filed a bill in Chancery, stating, that Clark being indebted to him, absconded, and the plaintiff took out an attachment... |
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Cases |
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| Mulford v. ------- |
3 N.C. 244, Superior Courts of Law and Equity of North Carolina (May 01, 1803) |
1803 |
If this were what it is represented to be by the defendant's counsel; a contract made between the plaintiff and the defendant, to vest the property in the defendant for the purpose of defeating creditors, and then to be for the use of the plaintiff; I should not besitate to say with him, that this court would not enforce the return of the property.... |
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Cases |
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| Peyre v. Jervey |
2 Des. 221, Court of Chancery of South Carolina (October 01, 1803) |
1803 |
A husband is exclusively entitled to the personal estate of his deceased wife, though not reduced to possession during the coverture.His right of administration will protect it, notwithstanding the provisions of the act of February, 1791. |
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Cases |
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| Pledger v. Mandeville |
1 Brev. 286, Constitutional Court of Appeals of South Carolina (November 01, 1803) |
1803 |
When personal property is mortgaged, or pledged, for the payment of a debt by a day certain, the title of the mortgagee, or pledgee, becomes absolute at law, if the debt is not paid at the day: nor is his legal title divested, upon tender of the debt within two years, by the 15th section of the limitation act of 1712; which merely limits suits in... |
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Cases |
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| Respublica v. Deaves |
3 Yeates 465, Supreme Court of Pennsylvania (January 01, 1803) |
1803 |
The valuation by the assessors under the law of 11th April 1799, is binding on the county commissioners, and they cannot revise or alter it. CASE stated for the opinion of the court. The commissioners of the county of Philadelphia, at the time and in the manner prescribed by the late act, entitled an act to raise and collect county rates and... |
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Cases |
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| Rogers v. Fenwick |
1 Cranch C.C. 136, Circuit Court, District of Columbia (July 01, 1803) |
1803 |
Assumpsit, on a physician's account, amounting to twenty-five dollars, all in one year. The account itself sworn to by the plaintiff, within the year, was offered in evidence by the plaintiff. The probate was in these words: Personally appeared William Rogers, and made oath on the Holy Evangels of Almighty God, that the above account is just and... |
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Cases |
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| Smith v. ------ |
3 N.C. 229, Superior Courts of Law and Equity of North Carolina (January 01, 1803) |
1803 |
Though it be insisted that a conveyance for the purpose of defrauding creditors, and upon trust, that the property should be re-conveyed to the grantor, should not be asserted in equity, so as to be carried into effect as between the parties themselves, when one endeavors to deceive the other after the main purpose is accomplished; and that equity... |
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Cases |
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| Somers' Adm'rs v. Smyth |
2 Des. 214, Court of Chancery of South Carolina (May 01, 1803) |
1803 |
Deeds conveying the whole property of the person making them, to a woman with whom he cohabited, without any proof of valuable consideration paid by her, she not having means to make such purchases, will be presumed to be void, as against creditors. The statute of limitations does not run in such cases. |
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Cases |
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| State v. Adams |
1 Brev. 279, Constitutional Court of Appeals of South Carolina (November 01, 1803) |
1803 |
On an indictment for bastardy under the act of 1795, the mother of the bastard is a competent witness for the prosecution, to prove that the defendant is the father. In an indictment for bastardy under the act of 1795, it seems, that it is not necessary to allege that the defendant refused to give the security required by the act. The question to... |
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Cases |
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| State v. Harkness |
1 Brev. 276, Constitutional Court of Appeals of South Carolina (November 01, 1803) |
1803 |
An indictment cannot be sustained under the act of 1769, for receiving the meat, of cattle which had been stolen. By the act of 1789, stealing cattle is punishable as a misdemeanor merely; and, the act of 1769 applies only to cases in which the principal has been guilty of a capital felony. [Vide acts of 1829, p. 40.] An indictment under the act of... |
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Cases |
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| State v. Jenkins |
Supreme Court of Vermont (February 01, 1803) |
1803 |
The confession of a person on trial for a crime must be submitted to and weighed by the Jury: if extorted by personal suffering, it ought not to weigh in the least; if produced by fear or flattery, the Jury must determine whether it is true or not; but if unsupported by corroborating circumstances, it cannot operate to convict. When goods are... |
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Cases |
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| State v. Sowam |
2 Del.Cas. 180, Court of Quarter Sessions of the Peace of Delaware (May 01, 1803) |
1803 |
Indictment for receiving stolen goods. |
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Cases |
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| Swann v. Mercer |
3 N.C. 246, Superior Courts of Law and Equity of North Carolina (June 01, 1803) |
1803 |
THIS cause now came on to be argued before this court; and was argued by Haywood, for the defendant, and by Brown, for the plaintiff. In order to discover how the land would have gone, had the clauses referred to been omitted, let it be asked how the lands would have gone had John Swann died without a child? Secondly; how they would have gone, had... |
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Cases |
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| Talbert v. Cason |
1 Brev. 298, Constitutional Court of Appeals of South Carolina (November 01, 1803) |
1803 |
Pleading a discount will not dispense with the twelve days notice required by the discount act of 1759. In assumpsit upon a promissory note, a breach of the implied warranty, affecting the entire consideration of the note, may be given in evidence under the general issue, without notice of discount. Whatever shews the contract void, or defeats the... |
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Cases |
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| Taliaferro v. Burwell |
4 Call 321, Supreme Court of Appeals of Virginia (October 01, 1803) |
1803 |
delivered the resolution of the court, that the decree of the high court of chancery was to be affirmed. |
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Cases |
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| Todd v. Pratt |
1 H. & J. 465, Court of Appeals of Maryland (November 01, 1803) |
1803 |
The court of chancery will not grant an injunction to stay proceedings on a judgment in an action of ejectment for lands mortgaged, before the plaintiff in ejectment has been summoned and heard. A tenant in tail may by a mortgage of the entailed lands, dock the estate tail, and eonvey the lands in fee, subject to be avoided on the payment of the... |
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Cases |
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