TitleCitationYearSummaryMost RelevantTypeStatus
Ex parte Bollman 4 Cranch 75, Supreme Court of the United States (February 01, 1807) 1807 This court has power to issue the writ of habeas corpus ad subjiciendum. To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistment of men to serve against government is not sufficient. When war is levied, all those who perform any part, however minute, or however...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Furman v. Miller 2 Brev. 127, Constitutional Court of Appeals of South Carolina (January 01, 1807) 1807 There was no proof of the usage of this particular trade; and no other argument has been urged, which ought to take this case out of the general rule of law. New trial refused. NOTE. Though usage is often resorted to for explanation of commercial instruments, and other purposes, it never is, nor ought to be, received, to contradict a settled rule...   Cases  
Garland v. Bugg 1 Hen. & M. 374, Supreme Court of Appeals of Virginia (June 29, 1807) 1807 A certiorari is granted, of course, unless delay appear to be the object. Attorney-General. The record is incomplete, because it omits the affidavit made by the appellant, (the defendant in the District Court) as the ground of a continuance. This record states that a motion was made by the defendant for a continuance on affidavit filed of the...   Cases  
Hook v. Ross 1 Hen. & M. 310, Supreme Court of Appeals of Virginia (June 10, 1807) 1807 On a bill in equity for specific performance of an agreement, the Court ought not, in lieu thereof, to decree a sum of money absolutely, but may conditionally; giving the defendant his election, either to pay the money, or to perform the agreement specifically. In such case, if the defendant be guilty of contumacy, and the Court, from the want of...   Cases  
Hoskins v. Wright 1 Hen. & M. 377, Supreme Court of Appeals of Virginia (June 30, 1807) 1807 Where an action is brought against an executor or administrator on an account, any items in which bear date more than five years before the death of the testator or intestate, it is not necessary that the Court should actually expunge those items; but if they decide that it shall be done, and direct the Jury to disregard them, it is sufficient....   Cases  
IN THE MATTER OF RICHARD PATTINSON Supreme Court of the Territory of Michigan (October 23, 1807) 1807 1. Under the law of nations property of a subject or citizen of one country found within the territories of another country ought to be restored, but there is no obligation under such law to restore persons. 2. As rights of property in persons cannot exist by the common law, but only by statute, the manner of protecting such rights must be...   Cases  
Jones v. Hart's Ex'rs 1 Hen. & M. 470, Supreme Court of Appeals of Virginia (October 20, 1807) 1807 May they not revoke the power of attorney? If he dies, and the decree is in his name, are not his executors to have the benefit of it? Why did not your clients shew, from the identity of their description, that no other persons were authorised to take? Randolph. This is a matter which depends on the general history of that society, and general...   Cases  
Lansdale v. Findley Hard. 151, Court of Appeals of Kentucky (October 01, 1807) 1807 The first, second, and fifth assignment of errors in the writ of error coram vobis, were properly disregarded by the court below, because the party did not attempt to avail himself of them in proper time, as directed by the act of assembly, passed in 1802. The third assignment states that an execution issued subsequent to the venditioni exponas,...   Cases  
Lipscomb's Adm'r v. Littlepage's Adm'r 1 Hen. & M. 453, Supreme Court of Appeals of Virginia (October 13, 1807) 1807 Where an injunction is granted to a judgment, and an account between the parties directed, the commissioner ought not to give the plaintiff at law credit for claims not exhibited to the jury, nor mentioned in the answer, and which are prior in date to the commencement of the suit. A sheriff who indulged a man for his taxes, in consideration of...   Cases  
Lloyd v. Urison 2 N.J.L. 212, Supreme Court of Judicature of New Jersey (May 01, 1807) 1807 Although the present question is of very great importance, both as to the value of the property in dispute, as well as its being the first time it has been brought before any court in New Jersey, it is compressed into a small compass, viz.: the construction to be put on a single short section of our statute, altering the descent of real estates....   Cases  
Martin v. Salem Marine Ins. Co. 2 Mass. 420, Supreme Judicial Court of Massachusetts (March 01, 1807) 1807 In arguing from this state of facts, the plaintiffs' counsel were disposed to rely upon the circumstance of the abandonment. But upon a suggestion, from the Court, that it had not been made until the removal of the embargo, and that the conduct of the assured afterwards, in receiving and disposing of the vessel upon her arrival, might be considered...   Cases  
Meredith v. Johns 1 Hen. & M. 585, Supreme Court of Appeals of Virginia (November 01, 1807) 1807 After a verdict for the plaintiff in an action sounding in damages, and a refusal by the Courtof Law to grant a new trial, a Court of Equity ought cautiously to interpose. ON an appeal from a decree of the Superior Court of Chancery for the Richmond District pronounced in September, 1802, by which the bill of the appellant was dismissed. This was...   Cases  
Peace v. Spierin 2 Des. 460, Court of Chancery of South Carolina (May 01, 1807) 1807 L. was indebted to several persons, and being about to marry S. she conveyed a lot of land and valuable buildings, (which she had bought and mortgaged back to G) to a trustee for the use of herself and her intended husband, for life; and on the death of either, one moiety to be subject to his or her last will; and the other moiety to the last will...   Cases  
Peterson v. U S 19 F.Cas. 379, Circuit Court, D Pennsylvania (April 01, 1807) 1807 This was an information in the district court, for a violation of the fourth section of the act for registering and recording ships or vessels, &c., passed in 1792, in which the oath stated in the section is set forth; and it is asserted that an alien, viz. Don Bass. Roderigues, a subject of Spain, was, at the time the vessel was registered,...   Cases  
Pollock v. Turpin 2 Del.Cas. 30, Court of Common Pleas of Delaware (January 01, 1807) 1807 Trespass for taking a distress for rent before rent was due.   Cases  
Pollock v. Turpin 2 Del.Cas. 30 (January 01, 1807) 1807 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  
Robinson's Adm'r v. Brock 1 Hen. & M. 213, Supreme Court of Appeals of Virginia (June 03, 1807) 1807 Does not the trust estate create a difference?--Did not the trustee hold for the benefit of the cestuique trust? Williams. The trustee was to hold for the use of the heir of Mrs. Robinson, in the event of her dying without issue; and if this argument be correct, the estate must go to the husband, or his representatives. The deed does not say to the...   Cases  
Saunders v. Simpson 2 H. & J. 81, Court of Appeals of Maryland (June 01, 1807) 1807 A specific performance of a bond for the conveying of lands, executed in 1777 by a father, in favour of his daughter, decreed, on a bill filed in 1797, although strongly contested on the ground that the bond was never executed, or if executed, that it was obtained by fraud. An equitable title in the defendant to lands, will not prevent a recovery...   Cases  
Small v. the Messenger 2 Pet. Adm. 284, District Court, D Pennsylvania (January 01, 1807) 1807 The libellant [William Small], master of the brig Catherine of Norfolk, on the 5th of September last, in lat. 37 Deg. N. and long. 68 deg. W. fell in with the wreck of the schooner Messenger of Baltimore, White, master, having lost both her masts, sails and rigging; the captain, mate, and eight hands remaining alive, seven of her crew having...   Cases  
Smith v. Chapman 1 Hen. & M. 240, Supreme Court of Appeals of Virginia (June 05, 1807) 1807 A testator makes three devises, (to his two sons and daughter, severally,) for the life of each devisee; and, after his or her decease, to his or her child or children; if none, to the other two devisees for life; and then to be equally divided between their children; and annexes a codicil, in which he says that, if all his children should die...   Cases  
Tallman v. Woodward 2 N.J.L. 258, Supreme Court of Judicature of New Jersey (September 01, 1807) 1807 This is an action for a penalty, grounded on the 6th section of the act respecting apprentices and servants. Upon inspecting the proceedings of the justice, I do not perceive in them any matter of error. The reasons assigned for reversal, have no foundation in the record. Judgment affirmed.   Cases  
Teasdale v. Charleston Ins. Co. 2 Brev. 190, Constitutional Court of Appeals of South Carolina (May 01, 1807) 1807 This was a motion for a new trial, which was argued by Turnbull, and Ward, for the defendants, and by Cheves and W. L. Smith, for the plaintiff, before BAY, TREZEVANT, BREVARD, and WILDS, Justices. The circumstances of the case are fully detailed in the following opinion of the court. The arguments of counsel are omitted. BREVARD, J., delivered the...   Cases  
The Cato Bee 241, District Court, D South Carolina (July 01, 1807) 1807 This was a libel for salvage by Amos Ryan against the ship Cato.   Cases  
U S v. Burr 25 F.Cas. 41, Circuit Court, D Virginia (June 27, 1807) 1807 At law. Motion for attachment against General Wilkinson for a contempt in obstructing the administration of the justice of the court. Mr. Burr's counsel called James Knox and Chandler Lindsley, (two of the witnesses of the United States,) whose affidavits had been drawn and were intended as the ground of the motion for the attachment. The CHIEF...   Cases  
U.S. v. Burr 4 Cranch 455, Circuit Court, D Virginia (April 01, 1807) 1807 At law. On examination of Aaron Burr for commitment. Aaron Burr was arrested by Maj. Perkins on the Tombigbee river in what is now Washington county, Ala., February 20, 1807. He was conducted to Ft. Stoddard, detained a prisoner there about two weeks, and then started for Washington City on horseback, attended by a guard of nine men, under the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
U.S. v. Burr 25 F.Cas. 55, Circuit Court, D Virginia (August 31, 1807) 1807 MARSHALL, Chief Justice, remarked that it was not in the power of the marshal to summon more than twenty-four, as the act of assembly authorized only that number. If he should summon twenty-five, the last would not have power to act; and the marshal would have no power to displace any one of the others, to put the last in his place. When the panel...   Cases  
Vrooman v. Phelps 2 Johns. 177 (January 01, 1807) 1807 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  
Wingate v. Dail 2 H. & J. 76, Court of Appeals of Maryland (June 01, 1807) 1807 A parol contract between a father in law, and son in law, that the father in law would give a real estate to his grand son in consideration of the son in law paying one half of the value of the land--Not enforeed, tho' possession was held by the son in law, and a part of the purchase money paid. APPEAL from a decree of the Court of Chancery...   Cases  
Worsham v. McKenzie 1 Hen. & M. 342, Supreme Court of Appeals of Virginia (June 22, 1807) 1807 After a confession of judgment by an executor, in an action brought on his executorial bond, for the purpose of recovering against him and his securities for a devastavit, he cannot resort to a Court of Equity for relief, on the ground that he had fully administered the assets of his testator. ON an appeal from a decree of the High Court of...   Cases  
Allen's Ex'r v. Watson 1 Mur. 189, Supreme Court of North Carolina (July 01, 1808) 1808 The evident construction of this Will is, that after the life-estate is exhausted, the executors shall sell the property for the benefit of the children. The assent operates only upon the life-estate; because before the remainder can vest in the children, a sale must take place: It is the circumstance by which this case is distinguished from the...   Cases  
Aza v. Eitlinger Ant. N.P. Cas. 73 (January 01, 1808) 1808 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  
Bartley v. Yates 2 Hen. & M. 398, Supreme Court of Appeals of Virginia (May 09, 1808) 1808 Tho' there be a total blank for the name of the surety in the obligatory part of a bond, yet his name being mentioned in the recital of the condition, and he having signed and sealed it, it was held sufficient to charge him. A blank being left in the condition of a forthcoming bond for the name of the high sheriff, to whom the property was to be...   Cases  
Bobb v. Bosworth Litt.Sel.Cas. 81, Court of Appeals of Kentucky (November 24, 1808) 1808 FROM THE FAYETTE CIRCUIT COURT. This was an action of assault and battery, brought by Bosworth against Bobb, in which not guilty was pleaded, with leave to give special matter in evidence. A verdict having been found for the plaintiff, a new trial was moved for by the defendant, which was overruled. Whereupon he filed a bill of...   Cases  
Bogert v. Cauman Ant. N.P. Cas. 70, Supreme Court of New York (January 01, 1808) 1808 All previous parol agreements are merged in a written contract. Where the wages of a seaman appear by shipping articles, evidence of a further compensation, by way of customary privilege, cannot be received. ACTION on the case for a breach of contract. Plea, general issue. The plaintiff was mate of the ship Magdalen, commanded by the defendant, on...   Cases  
Bogert v. Cauman Ant. N.P. Cas. 70 (January 01, 1808) 1808 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  
Brogden v. Walker's Ex'r 2 H. & J. 285, Court of Appeals of Maryland (June 01, 1808) 1808 The act of 1797, ch. 114, s. 4, direeting, that if a cause in the court of chancery is set down regularly for hearing, of submitted to the chancellor, and one of the parties dies thereafter, and before a decree passed, the cause shall not abate, and the chancellor may decree as if such party were alive, cannot take effect in a cause...   Cases  
Browning v. Magill 2 H. & J. 308, Court of Appeals of Maryland (June 01, 1808) 1808 The purchasing a horse at a public market established by law for the sale of horses, &c. does not entitle the purchaser to hold the horse against the claim of the true owner. There is no market overt in this state. APPEAL from Baltimore county court. Replevin for a horse, brought by the appellee against the appellant. The defendant below pleaded...   Cases  
Carter's Trustees v. Washington 2 Hen. & M. 345, Supreme Court of Appeals of Virginia (May 05, 1808) 1808 This was an ejectment; the plaintiff claiming under a covenant to stand seised, entered into about the year 1730, between Robert Carter of Nominy, and the father of the plaintiff, and others to their use as tenants in common in fee-simple; and under a partition actually made under a decree of the High Court of Chancery between Robert Carter, jun....   Cases  
Chandler's Ex'x v. Neale's Ex'rs 2 Hen. & M. 124, Supreme Court of Appeals of Virginia (March 25, 1808) 1808 Under what circumstances a promise in writing will be considered merely nudum pactum, and will not be enforced, even in equity. A trust created by will for the payment of debts by a general direction that all the testator's debts shall be paid, extends only to such as he was bound in conscience to pay: therefore an undertaking which is merely nudum...   Cases  
Chaplin v. Cruikshanks 2 H. & J. 247, Court of Appeals of Maryland (June 01, 1808) 1808 In an action of Slander for words spoken, it was alleged that the defendant had charged the plaintiff with poisoning his, the defendants' horse-- Held, that the words were not actionable. The court refused to direct the jury, that if the horse was alive. the words laid in the declaration were not actionable, the same being irrelevant to the issue...   Cases  
Chappedelaine v. Dechenaux 4 Cranch 306, Supreme Court of the United States (February 01, 1808) 1808 ERROR to the circuit court for the district of Georgia, in a suit in equity. The bill states that the complainants' testator and the defendant's testator, together with three others, viz. Boisfeillet, Du Bignon, and Grand Closmesle, became joint purchasers of the islands of Sapelo, Blackbeard, Jekyll, and half of St. Catharine, on the coast of...   Cases  
Cheatham v. Haley 1 Tenn. 265, Superior Court of Law and Equity of Tennessee (May 01, 1808) 1808 The evidence is admissible. Verdict for the plaintiff.   Cases  
Clarke v. Hoomes' Ex'rs 2 Hen. & M. 23, Superior Court of Chancery of Virginia (June 27, 1808) 1808 An order from the Chancellor granting an injunction to a judgment at common law upon the usual terms, is not sufficient to stay the proceedings until the complainant has complied with the terms of the order by giving bond and security. In such case, it is no contempt of the Court of Chancery for the plaintiff or the sheriff to proceed to sell under...   Cases  
Cogbill v. Cogbill 2 Hen. & M. 467, Supreme Court of Appeals of Virginia (June 02, 1808) 1808 A testator executed his will in due form of law. One of the legatees having afterwards died, in the life-time of the testator, he gave verbal instructions for a new will, which were committed to writing by his friend, in order to take the advice of counsel, as to the legality of the limitations therein contained. The testator afterwards drew up a...   Cases  
Commonwealth v. Colquhouns 2 Hen. & M. 213, Supreme Court of Appeals of Virginia (April 16, 1808) 1808 The Commonwealth cannot be compelled to make good the loss of tobacco received, inspected, and passed at a public warehouse, but not delivered by the inspectors on application to the persons holding the notes; notwithstanding the same was unlawfully converted to their own use by the inspectors, or is otherwise missing and not accounted for, and the...   Cases  
Commonwealth v. Hewitt 2 Hen. & M. 181, Supreme Court of Appeals of Virginia (March 30, 1808) 1808 The act of the 19th of Jan. 1802, (Rev. Code, vol. 1. c. 295. p. 425) which authorises Clerks of Courts to issue writs of venditioni exponas in certain cases, is prospective only, in its operation, and consequently does not extend to cases existing before it was passed. A party may, without any previous notice, move the Court to direct an execution...   Cases  
Ellis' Ex'rs v. Ellis' Widow 2 Des. 556, Court of Chancery of South Carolina (May 01, 1808) 1808 A testator devises his real and personal estate, to be divided among his wife and his six children, whom he names, in the manner prescribed by his will, and in case of the death of any of his children under age, or unmarried, he directs the share of such of them so dying, to be divided among the survivors, in the manner directed. After the making...   Cases  
Estill v. Hart's Heirs Hard. 567, Court of Appeals of Kentucky (April 01, 1808) 1808 After a statement of the case, he proceeded: Several questions have been made in the argument of this cause. First. After the surveys had been recorded and registered, were the re-surveys permissible, and warranted by law? The second question involved the validity of Hart's entries, and the manner in which they should be surveyed. The third...   Cases  
Fletcher v. Pollard 2 Hen. & M. 544, Supreme Court of Appeals of Virginia (May 23, 1808) 1808 If, pending a suit in Chancery brought by one of three mercantile partners against the other two, for a settlement of the accounts of the copartnery, the plaintiff and one of the defendants agree to refer all matters in difference between them, relative to the subject in controversy, to arbitrators, (whose award is to be the decree of the Court,)...   Cases  
Fosdick v. Norwich Marine Ins. Co. 3 Day 108, Supreme Court of Errors of Connecticut (June 01, 1808) 1808 An interest in the vessel and cargo, gives an interest in the profits of the voyage, which may be the subject of insurance. A. insured 6,000 dollars, as profits on a cargo, at and from Bordeaux to the West Indies. At the time of effecting the insurance, A. represented to the insurers, that he had received advice from his correspondent at Bordeaux,...   Cases  
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