Title | Citation | Year | Summary | Most Relevant | Type | Status |
Tunno v. Sukeley |
2 Bay 505, Constitutional Court of Appeals of South Carolina (December 30, 1803) |
1803 |
SPECIAL action on the case for not accepting and paying a bill of exchange drawn on defendants by captain Doane, at St. Domingo. Verdict for plaintiff. Motion for new trial. Captain Doane commanded a vessel belonging to the house of the defendants in Charleston, and was specially employed by them to proceed to St. Domingo, and there to purchase... |
|
Cases |
|
U.S. v. Barton |
1 Cranch C.C. 132, Circuit Court, District of Columbia (July 01, 1803) |
1803 |
Indictment for stealing a handkerchief. Upon the prisoner being brought to the bar, he appeared to be a mulatto. |
|
Cases |
|
Arnott v. Nicholls |
1 H. & J. 471, General Court of Maryland (April 01, 1804) |
1804 |
If after a judgment has been rendered against a defendant he sells and conveys his lands bona fide, and for a valuable consideration, a writ of fleri facias cannot afterwards be laid thereon, although twelve months and a day had not expired, unless a scire facias had been sued out upon the judgment, and notice given to the vendee, as terre-tenant.... |
|
Cases |
|
Ashton v. Fitzhugh |
1 Cranch C.C. 218, Circuit Court, District of Columbia (December 01, 1804) |
1804 |
At law. Special demurrer; because the declaration is that defendants render to plaintiff $103 1/3, or 31 pounds of Virginia, which they owe and detain; which is uncertain, not being positive, nor certain what pounds are meant, whether of tobacco or anything else. It was also suggested by Mr. Caldwell, that it was uncertain because it stated that... |
|
Cases |
|
Belch v. Holloman |
3 N.C. 328, Superior Courts of Law and Equity of North Carolina (October 01, 1804) |
1804 |
The jury are to judge from circumstances, whether the thirty pounds were given for the trespass only, or for that and the property. If for the former only, the plaintiff is not barred; if for the latter, he is. And he left to the jury the circumstances from which it might be inferred to have been for the trespass only. They found for the plaintiff,... |
|
Cases |
|
Brailsford v. Heyward |
2 Des. 290, Court of Chancery of South Carolina (November 01, 1804) |
1804 |
A. devises real and personal estate to trustees, in trust, for the use of testators daughter, E. during her natural life, and at her death, the land to the male heir of her body, when he shall attain 21 years of age; the personal estate to be divided equally among the heirs of her body: But in case of no such heirs, then to the youngest child of... |
|
Cases |
|
Coulon v. the Neptune |
2 Pet. Adm. 356, District Court, D Pennsylvania (January 01, 1804) |
1804 |
Libel in admiralty by Paul Coulon against John Jolly, Richard Keys, and William Manson, owners of the brig Neptune, for salvage. |
|
Cases |
|
Davis v. Davis' Ex'rs |
1 Brev. 371, Constitutional Court of Appeals of South Carolina (April 01, 1804) |
1804 |
To constitute a valid parol gift from a parent to a child, the formal ceremony of a delivery is not essentially necessary. It is sufficient if it appear, that the donor intended an actual gift at the time, and evidenced his intention by some act, which may be fairly construed into a delivery. And where the donor acknowledged that he had given... |
|
Cases |
|
Evans v. Evans |
2 Del.Cas. 203 (April 24, 1804) |
1804 |
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 |
|
Fleming v. McClure |
1 Brev. 428, Constitutional Court of Appeals of South Carolina (May 01, 1804) |
1804 |
The custom of merchants recognized by law in this State, in relation to protests, and notices of non-acceptance, and non-payment of bills of exchange, is the same which exists in England; and evidence to establish a different usage in this State is inadmissible. A protest, whether for non-acceptance, or for non-payment, is essential in the case of... |
|
Cases |
|
Goold v. United Ins. Co. |
2 Cai. R. 73, Supreme Court of New York (May 01, 1804) |
1804 |
An assignment of part of the subject insured to a belligerant, though after capture, is a breach of a warranty of neutral property. THIS was an action on a policy of insurance, on account of Patrick Ferrall, a Danish subject, at and from the Havanna to Kingston, in Jamaica, upon twenty bags, containing 20,000 Spanish milled dollars, warranted to be... |
|
Cases |
|
Goold v. United Ins. Co. |
2 Cai. R. 73 (May 01, 1804) |
1804 |
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 |
|
Hamilton v. Boyles |
1 Brev. 414, Constitutional Court of Appeals of South Carolina (May 01, 1804) |
1804 |
The testator devised his real estate to his daughter, to her, her heirs, and assigns, forever; but if she died before the age of twenty one, or marriage, in the life time of testator's wife, then to the wife, to her, her heirs, and assigns, forever. He also bequeathed certain personal estate to his said daughter, to her, and her heirs,... |
|
Cases |
|
Harrison v. Casey |
1 Brev. 390, Constitutional Court of Appeals of South Carolina (April 01, 1804) |
1804 |
Where goods levied by domestic attachment are replevied by the defendant under the act of 1785, the plaintiff is intitled to file his declaration, sign judgment by default, and execute a writ of inquiry, in the same manner as if the suit had been commenced by process against the person. He is not bound to obtain a special order that the defendant... |
|
Cases |
|
Hawkins' Ex'rs v. Minor |
5 Call 118, Supreme Court of Appeals of Virginia (April 01, 1804) |
1804 |
According to the principles established in the interlocutory decree of the chancellor, as the foundation of the account between the parties, and of his final decree in the cause, Hawkins is to be debited with Joseph Pannel's bonds, in lieu of which he had taken the bond of Strother, paid off in paper money after Hawkins's death; but not with the... |
|
Cases |
|
Johnston v. Williams |
Cam. & Nor. 518, Superior Courts of Law and Equity of North Carolina (June 01, 1804) |
1804 |
It is not the fault of the defendant that the plea of the statute of limitations is not pleaded; he directed his counsel to do so, he omitted to do it, but that omission was not intentional. From the representation made of the defendant's situation, with respect to the property in question, he might rely upon that plea with a pure conscience, as it... |
|
Cases |
|
Jolly v. the Neptune |
2 Pet. Adm. 345, District Court, D Pennsylvania (January 01, 1804) |
1804 |
To the Honourable Richard Peters, Esquire, Judge of the District Court of the United States, in and for the Pennsylvania District: The libel of John Jolly and Richard Keys, of the city of Baltimore, in the state of Maryland, merchants, and William Manson, of the same place, mariner, respectfully sheweth, that your libellants are citizens of the... |
|
Cases |
|
Kerr v. Butler |
2 Des. 279, Court of Chancery of South Carolina (October 01, 1804) |
1804 |
An executrix not allowed credit in her accounts for payments made by her, merely on the verbal request of the testator on his death bed; no measures having been taken to reduce the request to writing as a nuncupative will. A testator giving the profits of his whole estate to his wife for life, and to his son afterwards, the wife is bound to... |
|
Cases |
|
Lavender v. Pritchard |
3 N.C. 337, Superior Courts of Law and Equity of North Carolina (January 01, 1804) |
1804 |
Witbdrawing this surety from the appeal bond, would discharge the bond; therefore, in case of withdrawing at all, another new bond must be given, to be signed by two new sureties: This the plaintiff could not do; so the witness was rejected. Other evidence was then laid before the jury, and the gift to the plaintiff by Pritchard was proved... |
|
Cases |
|
Little v. Barreme |
2 Cranch 170, Supreme Court of the United States (February 01, 1804) |
1804 |
A commander of a ship of war of the United States, in obeying his instructions from the President of the United States, acts at his peril. If those instructions are not strictly warranted by law he is answerable in damages to any person injured by their execution. The act of the 9th of February, 1799, did not authorize the seizure upon the high... |
|
Cases |
|
Mason v. Blaireau. |
2 Cranch 240, Supreme Court of the United States (February 01, 1804) |
1804 |
One third part of the gross value of the ship and cargo allowed for salvageand one third of the salvage decreed to the owners of the saving ship and cargo. If one of the salvors embezzles part of the goods saved, he forfeits his right to salvage. A detention at sea to save a vessel in distress, is such a deviation as discharges the underwriters,... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Millison v. Nicholson |
Cam. & Nor. 499, Superior Courts of Law and Equity of North Carolina (June 01, 1804) |
1804 |
The circumstances of this case are somewhat singular, and as the questions it involves have not formed the subject of any judicial decision that is recollected in this State, it may be useful to state the principles of law as we apprehend them with some degree of minuteness. For, when the grounds of a decision are precisely ascertained, there is... |
|
Cases |
|
Murray v. Schooner Charming Betsy, The |
2 Cranch 64, Supreme Court of the United States (February 01, 1804) |
1804 |
An American vessel sold in a Danish island, to a person who was born in the United States, but who had bona fide become a burgher of that island, and sailing from thence to a French island, in June 1800, with a new cargo purchased by her new owner, and under the Danish flag, was not liable to seizure under the non-intercourse law of 27th of... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Nicholas v. Nicholas' Ex'rs |
Sneed (KY) 338, Court of Appeals of Kentucky (June 02, 1804) |
1804 |
The right of a widow to renounce the provisions of her husband's will and to take her dower and distributable share in his estate, being limited to twelve months by law, a court of equity has no power to extend the time for her to make the election beyond that period. UPON AN APPEAL FROM A DECREE OF THE GENERAL COURT. This court accords with the... |
|
Cases |
|
Norfleet v. Harris |
Cam. & Nor. 517, Superior Courts of Law and Equity of North Carolina (June 01, 1804) |
1804 |
This case is governed by the authority of the case Wm. Johnston and wife v. Abner Pasteur, ante, Let judgment of nonsuit be entered. NOTE.--See Johnston v. Pasteur, ante, and the cases there cited in the note. Cited: Weeks v. Weeks, 40 N. C., 120 |
|
Cases |
|
People v. Croswell |
3 Johns.Cas. 337, Supreme Court of New York (February 13, 1804) |
1804 |
The defendant was convicted, at the last circuit court in Columbia county, of printing and publishing a scandalous, malicious and seditious libel upon Thomas Jefferson, the President of the United States. And a motion was made at the last term, for a new trial, on the ground of a misdirection of the judge. The motion was principally founded upon... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
People v. Croswell |
3 Johns.Cas. 337 (February 13, 1804) |
1804 |
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 |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Ramsay v. Deas |
2 Des. 233, Court of Chancery of South Carolina (June 01, 1804) |
1804 |
The act abolishing the rights of primogeniture, having a precise day fixed by law for the commencement of its operation, must operate on all cases coming within its scope, on that day. An executor entering on lands of the estate of his testator, and occupying them, is to be considered as holding them in trust for the heirs or devisees, unless he... |
|
Cases |
|
RIGHTS AND IMMUNITIES OF PUBLIC MINISTERS. |
1 U.S. Op. Atty. Gen. 141 (May 09, 1804) |
1804 |
|
|
Administrative Decisions & Guidance |
|
Sample v. Looney |
1 Tenn. 85, Superior Court of Law and Equity of Tennessee (November 01, 1804) |
1804 |
In an action for the price of a chattel, the defendant may show in mitigation of damages, or by way of recoupment, that the value of the chattel was less than the price by reason of an invisible defect known, at the time of sale, to the seller, and concealed by him. [Acc. Hogg v. Cardwell, 4 Sn. 151.] When the plaintiff's demand is impeached for... |
|
Cases |
|
Schuyler v. Russ |
2 Cai. R. 202 (January 01, 1804) |
1804 |
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 |
|
Shawn v. Bishop |
2 Del.Cas. 208, Court of Common Pleas of Delaware (May 01, 1804) |
1804 |
Case, for the sum of £[ - ] due from Samuel Cloak to plaintiff, and brought against the defendant for aiding and transporting said Cloak out of the county contrary to the Act of Assembly, [1 Del.Laws] 187. |
|
Cases |
|
Shawn v. Bishop |
2 Del.Cas. 208 (May 01, 1804) |
1804 |
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 |
|
Shoolbred v. Drayton |
2 Des. 246, Court of Chancery of South Carolina (June 01, 1804) |
1804 |
Three executors who were residuary devisees, had sold the real estate for a division upon credit, and divided the bonds equally amongst themselves; and one of them had pledged the bond that fell to him to his private creditor. Afterwards, the court at the instance of another heir, set aside the sale, decreeing that the estate was divisible into... |
|
Cases |
|
Smith v. Bowen |
3 N.C. 296, Superior Courts of Law and Equity of North Carolina (January 01, 1804) |
1804 |
The defendant has a right to require that any fact he deems important, and which is stated in the bill and denied in the answer to be one of the issues to be enquired into, and the court will not refuse it. So an issue which judge Hall at the term refused, was now referred to the jury; namely, whether the bill of sale made by the plaintiff to the... |
|
Cases |
|
Smith v. Caldwell |
Sneed (KY) 341, Court of Appeals of Kentucky (June 04, 1804) |
1804 |
A plaintiff, knowing that his judgment and execution have been superseded, who, nevertheless, procures the levy of the execution and sale of defendant's property, of which he became purchaser, will be required to restore the property and be fined for his contempt. UPON A WRIT OF ERROR TO REVERSE A DECREE OF THE DANVILLE DISTRICT COURT. Although it... |
|
Cases |
|
Smith v. Fisher |
2 Des. 275, Court of Chancery of South Carolina (November 01, 1804) |
1804 |
The court will not compel a defendant to answer whether his transactions with a third person were, or were not of an usurious nature, at the instance of a creditor of that third person; he not seeking the discovery, and there being no charge of fraud on the complainant. |
|
Cases |
|
State v. Clark |
2 Del.Cas. 210, Court of Quarter Sessions of the Peace of Delaware (May 01, 1804) |
1804 |
Indictment, assault and battery and false imprisonment. |
|
Cases |
|
Stones v. Keeling |
5 Call 143, Supreme Court of Appeals of Virginia (May 01, 1804) |
1804 |
Upon the whole of the testimony, I think the fact of both marriages is proved; and if the question turned entirely upon those facts, I should be of opinion that the judgment of the district court ought to be affirmed. 4 Burr. 2059; 1 Black. Rep. 632; 1 Black. Com. 440, 457; 5 Rep. 98; 2 Black. Com. 436; 1 Salk. 120; 3 Lev. 410; Bull. Nis. Pr. 112;... |
|
Cases |
|
Stowell v. Guthrie |
3 N.C. 297, Superior Courts of Law and Equity of North Carolina (January 01, 1804) |
1804 |
TROVER for goods, and notes for money won by gaming. And for the plaintiff it was argued, that though under the British act, and according to the cases which put a construction on it, the plaintiff cannot recover, because in pari delicto potior est conditio possidentis; yet that rule will not apply to our act, which goeth further than the British... |
|
Cases |
|
Tunno v. Trezevant |
2 Des. 264, Court of Chancery of South Carolina (June 01, 1804) |
1804 |
A. makes a settlement before marriage, including his wifes fortune, and all his private property. The settlement was dictated by her uncle and guardian, who would not otherwise consent to the marriage, and who was ignorant of the insolvency of A. at the time. The creditors of the copartnership filed a bill to set aside the settlement as it... |
|
Cases |
|
U.S. v. Coulter |
1 Cranch C.C. 203, Circuit Court, District of Columbia (December 01, 1804) |
1804 |
Indictment for keeping a disorderly house. |
|
Cases |
|
U.S. v. Prout |
1 Cranch C.C. 203, Circuit Court, District of Columbia (December 01, 1804) |
1804 |
This was an indictment against W. Prout. |
|
Cases |
|
Van Antwerp v. Ingersoll |
2 Cai. R. 107, Supreme Court of New York (August 01, 1804) |
1804 |
If on a plea of set-off in the common pleas the sum for which judgment is rendered be under 25 dollars, the plaintiff must pay costs to the defendant. THIS was a question of costs by consent submitted to the court. The facts were, that in an action in the common pleas, on a bill penal for 60 dollars, to secure two instalments, the defendant pleaded... |
|
Cases |
|
Van Antwerp v. Ingersoll |
2 Cai. R. 107 (August 01, 1804) |
1804 |
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 |
|
Warnock v. Wightman |
1 Brev. 331, Constitutional Court of Appeals of South Carolina (May 01, 1804) |
1804 |
Conveyance of lands to E. W. and to the heirs of her body, and to the survivors of them forever;habendumto the said E. W., and the heirs of the body of the said E. W., and the survivors of them, and their heirs and assigns forever: with warranty to the said E. W., and the heirs of her body, and the survivors of them, and their heirs and... |
|
Cases |
|
Wilkins v. Taylor |
5 Call 150, Supreme Court of Appeals of Virginia (May 01, 1804) |
1804 |
The question in this cause arises upon the same clause in Thomas Williamson's will as is mentioned in the case of Goodwyn v. Taylor, 2 Wash. Rep. 74. Wilkins is the late husband and administrator of Sarah Cocke in that devise mentioned. I conceive that two of the three questions upon this devise have already been decided by this court, in the case... |
|
Cases |
|
Willson's Ex'rs v. Winn |
2 Bay 517, Constitutional Court of Appeals of South Carolina (January 01, 1804) |
1804 |
SPECIAL action on the case, tried in Fairfield district. Verdict for plaintiff. Motion for new trial. This action was founded on the special guaranty of a bond, assigned by the deceased Willson in his life-time, to the plaintiff Minor Winn. It appeared, that in the year 1784, the bond above mentioned was given by Adam Fowler Brisbane, John Winn,... |
|
Cases |
|
Wilson's Lessee v. Rhoades |
4 Yeates 38, Supreme Court of Pennsylvania (January 01, 1804) |
1804 |
Both plaintiff and defendant claimed under equitable, as well as legal titles. The defendant holds as a tenant under John M'Veagh. It appeared, that Charles Stewart, in 1755, cut some few rails on the 72 acres in dispute, and made consentable lines with two of the neighbours, but never resided on the land, nor put in any grain. In 1761, one Daniel... |
|
Cases |
|
Adams v. Woods |
2 Cranch 336, Supreme Court of the United States (February 01, 1805) |
1805 |
The act of 30th April, 1790, limiting prosecutions upon penal statutes, extends as well to penalties created after, as before that act, and to actions of debt as well as to informations and indictments. This was a case certified from the circuit court of the United States for the Massachusetts district, in which the opinions of the judges of that... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |