| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Gibbs v. Perkinson |
4 Hen. & M. 415, Superior Court of Chancery of Virginia (September 01, 1808) |
1808 |
The law has been very carefully examined, and there can be no doubt but that the plaintiff must make her election; and so it was ordered. |
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Cases |
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| Governor v. Horton |
1 Mur. 212, Supreme Court of North Carolina (July 01, 1808) |
1808 |
BY THE COURT.--It is necessary that the declaration in every case should comport with the writ; for its design is to specify fully and particularly that cause of action which the writ states as the foundation of the Plaintiff's claim. So essential a variance as the record presents in this case, cannot be permitted, without introducing uncertainty... |
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Cases |
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| Greenlee v. Hays' Adm'r |
1 Tenn. 300, Superior Court of Law and Equity of Tennessee (September 01, 1808) |
1808 |
Our law respecting executors and administrators does not of itself form a complete system. It must be considered as alterative of and supplementary to the common law; by the English law, administrators are to settle their accounts with the ordinary, and there it is usual to give notice, though not absolutely necessary to the settlement. By our law,... |
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Cases |
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| Greenwood v. Curtis |
4 Mass. 93, Supreme Judicial Court of Massachusetts (March 01, 1808) |
1808 |
A promissory note, not negotiable, given in consideration of a balance found due upon an insimul computassent, is not of itself a payment, nor a bar to a recovery in an action on the insimul computassent. THIS was assumpsit upon a contract in the following words, viz.:-- Ric Pongos, on the coast of Africa, July 27, 1802. I promise to pay, or cause... |
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Cases |
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| Hattier v. Etinaud |
2 Des. 570, Court of Chancery of South Carolina (June 01, 1808) |
1808 |
An absolute bill of sale, given merely as a security for a debt, and to indemnify complainant for endorsements on notes of hand, shall be considered as a mortgage, and the property included therein, sold to pay the debt, &c. Credit given on the sale. An award set aside because it did not make a final settlement between the parties, and because it... |
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Cases |
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| Hickman v. Boffman |
Hard. 348, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
1. The military surveys confirmed by the land law of 1779 are of higher dignity than the settlements and pre-emptions granted by those laws. 2. The marking the lines and corners of a tract of land by a sworn surveyor, by virtue of a warrant, or other legal authority, constitutes a survey in law, and it takes date from that period. 3. The plat and... |
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Cases |
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| Huckson v. Avant |
2 Brev. 264, Constitutional Court of Appeals of South Carolina (November 01, 1808) |
1808 |
The action for money, had and received, is governed by the most liberal equity, and neither party is allowed to entrap the other in form. The generality of the counts, in a declaration, ought not to be turned into a surprise on the defendant. In the present case, however, there was no danger of surprise, and the defendant had all the notice the... |
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Cases |
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| Inhabitants of Salem v. Inhabitants of Hamilton |
4 Mass. 676, Supreme Judicial Court of Massachusetts (January 01, 1808) |
1808 |
Where a new town, A, was incorporated out of part of an old town, B, and the act of incorporation provided that A should pay to B a sum of money, as a consideration for being exempted from any expense on account of paupers belonging to B, previous to the incorporation, except such as might thereafter be returned as paupers from some other town, and... |
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Cases |
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| Inhabitants of Springfield v. Inhabitants of Wilbraham |
4 Mass. 493, Supreme Judicial Court of Massachusetts (September 01, 1808) |
1808 |
Upon a father's gaining a new settlement, a child of full age, voluntarily ??iving with him, does not gain such new settlement within the statute of 1793, c. 34, § 2, art. 2. THIS was assumpsit for the charges of maintaining Sarah Colton?? whom the plaintiffs alleged to have her legal settlement in Wilbraham. The parties made a statement of... |
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Cases |
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| Johnson v. McIntire |
1 Bibb 295, Court of Appeals of Kentucky (December 03, 1808) |
1808 |
A claiming land by a parol contract was not authorized to list it in his name for the direct tax. A sale for such tax, assessed in the name of A and the marshal's deed reciting such sale, conveyed no title to the purchaser. Where land was erroneously assessed in the name of A when it belonged to B and sold in 1803 for the direct tax, it is... |
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Cases |
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| Kennedy v. Terrill |
Hard. 490, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
Kennedy brought an action in the Danville district court against Terrill and Dooley. The defendants craved oyer of the writ, and plead the variance between that and the declaration; that the former was in case, and the latter in trespass vi et armis. The plaintiff obtained leave to amend; and now his declaration charges the defendants to have... |
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Cases |
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| Kennedy v. Waller |
2 Hen. & M. 415, Supreme Court of Appeals of Virginia (May 20, 1808) |
1808 |
The special finding of the Jury, in this case, makes it unnecessary to decide the principal question which was discussed at the bar. I shall, therefore, consider the point which was last presented to the Court, namely, whether the present plaintiffs can support this action. They find for the plaintiffs, 450 dollars, by way of damages, if the Court... |
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Cases |
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| Kettletas v. Fleet |
Ant. N.P. Cas. 36 (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... |
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Trial Court Orders |
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| Kinney v. Beverley |
2 Hen. & M. 318, Supreme Court of Appeals of Virginia (April 25, 1808) |
1808 |
Lands were not liable to forfeiture for non-payment of taxes, under the act of December 27, 1790, unless they had been assessed and listed by the commissioners of the revenue, returned to the auditor of public accompts by the sheriff or collector, and advertised by the treasurer, as directed by the 4th section of the same act, incorporated into the... |
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Cases |
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| Ledbetter v. Lofton |
1 Mur. 184, Supreme Court of North Carolina (July 01, 1808) |
1808 |
We are of opinion that the affidavits may be read to support that on which the Certiorari was granted, as well as to contradict that of Lofton; and that the depositions stated in the case may also be read.-- |
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Cases |
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| Lewis' Ex'r v. Bacon's Legatee |
3 Hen. & M. 89, Supreme Court of Appeals of Virginia (October 24, 1808) |
1808 |
The object of this suit is to obtain payment of an account alleged to be due from Fielding Lewis, deceased, to Anthony Bacon, of London, deceased. The bill charges that on the 31st of December, 1773, the balance of 2,338l. 6s. 5d. was due from the former to the latter, as by an account annexed, which is prayed to be taken as a part of the bill.... |
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Cases |
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| Lewis v. Thompson |
2 Hen. & M. 100, Supreme Court of Appeals of Virginia (March 18, 1808) |
1808 |
A forthcoming bond deemed neither informal nor defective, altho' the condition did not recite on whose property the execution was levied, enough appearing to shew that it was the property of the defendants. THIS was an appeal from a judgment of the District Court of Prince Edward, overruling a motion made by the appellant for a judgment and award... |
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Cases |
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| Martin v. McNight |
1 Tenn. 330, Superior Court of Law and Equity of Tennessee (October 01, 1808) |
1808 |
After taking time to advise, this action must be considered in the nature of civil, and not criminal, actions. It is so laid down in Cowper, 32, Atcheison v. Everet, and 1 Guil, ed. Bac. 61. From the wording of this statute the penalty relates to the offense, and not immediately to the person and consequently the action may be joint or several. In... |
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Cases |
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| McMillan v. Eastman |
4 Mass. 378, Supreme Judicial Court of Massachusetts (May 01, 1808) |
1808 |
The remedy against a public officer, for neglect or misbehavior, may be by an action of the case alleging his misdemeanor, or by an action of debt, according to the nature of the misfeasance, but never by assumpsit, as on an implied promise to do his duty. THIS was an action of the case on assumpsit. The declaration contained four counts. The first... |
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Cases |
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| Menude v. Delaire |
2 Des. 564, Court of Chancery of South Carolina (June 01, 1808) |
1808 |
An informal paper, acknowledging that the writer had been entrusted with the funds of another person, and manifestly intended to operate as a security on certatn specified property, shall have the effect of a mortgage of such property, and entitle the holder to a priority over other creditors of the deceased signer of the paper, after prior... |
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Cases |
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| Moore's Adm'r v. Dawney |
3 Hen. & M. 127, Supreme Court of Appeals of Virginia (October 28, 1808) |
1808 |
The gist of the action must, in all cases, be directly and positively averred in the declaration: therefore, if, in trespass, the plaintiff declare for that whereas, &c. and do not make a positive averment, it is error, and will not be cured by verdict. An action of trespass lies against a High Sheriff for the tortious... |
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Cases |
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| Murdock v. Hunter |
1 Brock 135, Circuit Court, D Virginia (May 01, 1808) |
1808 |
This was a bill in chancery, filed in August, 1805, by the plaintiffs [J. Murdock & Co.], partners in trade, and subjects of the king of Great Britain, to subject certain lands in the county of Princess Anne, in Virginia, of which William Hunter died seized, in the hands of devisees, to the payment of a bond, purporting to be executed by one Thomas... |
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Cases |
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| Picton's Adm'r v. Graham |
2 Des. 592, Court of Chancery of South Carolina (November 01, 1808) |
1808 |
Parol evidence to vary a written deed, not permitted to prevail against the positive answer of the defendant, denying the charges of inserting provisions in the instrument different from those agreed on, and of surprise on the complainant, in the execution of the deed. The complainant could have read the deed, and it was his own folly if he did not... |
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Cases |
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| Pierce v. Turner |
1 Cranch C.C. 462, Circuit Court, District of Columbia, (January 07, 1808) |
1808 |
This was an action brought by a creditor of Charles Turner, deceased, charging the defendant [Rebecca Turner], as executrix de son tort, under the circumstances stated in a special verdict (set forth in 5 Cranch [9 U. S.] 154,) the substance of which was, that the defendant, before her intermarriage with her late husband, Charles Turner, executed a... |
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Cases |
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| Pope v. Towles |
3 Hen. & M. 47, Supreme Court of Appeals of Virginia (November 04, 1808) |
1808 |
The first point stated by the appellant's counsel, as a ground of complaint against the decree, is, that the demurrer and pleas of Oliver Towles, the executor of Thomas, came in too late to be received, and made the grounds of a decree, after an answer by his testator, containing neither; and after the cause had been once set for hearing. As this... |
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Cases |
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| Potter's Heirs v. Potter's Widow |
3 N.J.L. 415, Supreme Court of Judicature of New Jersey (May 01, 1808) |
1808 |
and reversed the judgment. APPROVED IN Force v. Haines, 2 Harr. 385. |
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Cases |
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| Price v. Shelby Circuit Court |
Hard. 254, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
From the bill of exceptions upon which this motion is founded, it appears that a capias had been issued against Whitaker, an absconding indictee, pursuant to the act of 1796; by which precept the sheriff was also commanded to seize his chattels, and safely to keep them. The sheriff not being able to arrest the body of Whitaker, seized certain... |
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Cases |
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| Pringle v. Samuel's Adm'rs |
1 Bibb 167, Court of Appeals of Kentucky (October 28, 1808) |
1808 |
THE errors assigned call in question the pleadings between the parties. They are, indeed, very inartificially drawn; but, upon the whole, it appears that the merits of the case might have been fairly tried, which, after verdict, seems to us to be fully sufficient. The first error assigned is, that the plaintiff declares, as administrator, upon an... |
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Cases |
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| Read v. Gaillard |
2 Des. 552, Court of Chancery of South Carolina (May 01, 1808) |
1808 |
A person borrows a note from his friend to be used in bank, and promises by letter to give a bill of sale of particular personal property as a security. The borrower of the note dies without giving the bill of sale, and the lender is obliged to take up the note. He has a lien on the property promised to be secured to him in preference to other... |
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Cases |
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| Reading v. Metcalf |
Hard. 535, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
It will be unnecessary to say more in relation to the first error assigned, than that the party ought not to be permitted, after there has been two verdicts and a judgment rendered, to assign as error, that a rule to plead was improperly taken in the cause; he never having moved the court below to correct the steps at the rules. As to the second... |
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Cases |
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| Rose v. Himely |
Bee 327, Supreme Court of the United States (February 01, 1808) |
1808 |
THIS was an appeal from the sentence of the circuit court for the district of South Carolina, which reversed that of the district judge, who awarded restitution, to Rose the libellant, of certain goods, part of the cargo of the American schooner Sarah. This vessel after trading with the brigands, or rebels of St. Domingo, at several of their ports,... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Sands v. Codwise |
4 Johns. 536, Court for the Correction of Errors of New York (January 01, 1808) |
1808 |
What acts and circumstances of fraud, will avoid convey ances, as against creditors. Conveyances made to defeat creditors are void by common law as well as by the statute of frauds. Where deeds are void, on the ground of absolute fraud, they are to be considered as void ab initio, and are not allowed to stand as security to the grantee, for... |
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Cases |
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| Scott v. Clarkson's Ex'x |
1 Bibb 277, Court of Appeals of Kentucky (November 29, 1808) |
1808 |
Errors in proceeding before answer filed, which the defendant did not move the Court below to correct, will not be regarded in the appellate Court. The want of replication is not per se cause for reversal of a decree. If complainant sets down the cause for hearing on bill and answer, the answer will on hearing, be taken as true in all its parts.... |
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Cases |
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| State v. Absolom |
2 Del.Cas. 32, Court of Quarter Sessions of the Peace of Delaware (April 01, 1808) |
1808 |
Indictment for larceny. |
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Cases |
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| State v. Tyre |
2 Del.Cas. 38, Court of Quarter Sessions of the Peace of Delaware (November 01, 1808) |
1808 |
I have great doubts upon my mind, but I am rather inclined to consider the Servitude Act as cumulative. The latter part of the fifth section creates doubt. But seeing that this Court have never directed the additional punishment, and from the doubts I entertain upon the subject, I cheerfully acquiesce with by brethren in considering the latter Act... |
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Cases |
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| Stead's Ex'rs v. Course |
4 Cranch 403, Supreme Court of the United States (February 01, 1808) |
1808 |
ERROR to the circuit court for the district of Georgia, as a court of equity. Stead's executors brought their bill in equity against Elizabeth Course, the widow, and Caroline Course, the infant daughter of Daniel Course, deceased, to set aside, as fraudulent, a deed of land made by Courvoisie, a collector of taxes for Chatham county, to Daniel... |
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Cases |
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| Taylor's Adm'x v. Taylor's Ex'rs |
4 Hen. & M. 411, Superior Court of Chancery of Virginia (September 01, 1808) |
1808 |
This case depends upon this, whether the intestate of the plaintiff had a vested or contingent interest, in an equal part of his father's personal estate, on the death of his mother; and, from the words of the will, I take it to be a clear case, in favour of a vested interest, in the intestate of the plaintiff, but which he was not to enjoy until... |
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Cases |
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| The Kitty |
Bee 255, District Court, D South Carolina (April 01, 1808) |
1808 |
In admiralty. Libel by Carey and others against the schooner Kitty and her owners. For decision as to the liability of the owners see next preceding case, No. 2,401. |
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Cases |
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| Tunstall v. McClelland |
Hard. 519, Court of Appeals of Kentucky (June 10, 1808) |
1808 |
1. If a party consent that a cause stand on the issue docket for hearing, he can not afterward object that it is heard in less than six months from the time of the replication to the answer. 2. The law has fixed no precise length of time which shall be allowed by the court to a mortgagor to redeem in. 3. Each case must, therefore, depend on its own... |
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Cases |
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| U S v. Bowman |
24 F.Cas. 1212, Circuit Court, D Pennsylvania (October 01, 1808) |
1808 |
The indictment states, that at a circuit court, held for the district of Pennsylvania, at Philadelphia, in said district, on the 11th of October, 1808, before the justices of that court, a certain indictment was found by the grand jury, then and there empannelled and sworn, to inquire against one J. S. Hutton, mariner, for that, on the 20th of... |
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Cases |
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| U.S. v. Mullany |
1 Cranch C.C. 517, Circuit Court, District of Columbia (December 01, 1808) |
1808 |
Indictment [against Michael Mullany] for assault and battery. The defendant was a white man. |
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Cases |
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| Vaigneur v. Kirk |
2 Des. 640, Court of Chancery of South Carolina (November 01, 1808) |
1808 |
On the question of marriage of parents and legitimacy of a child, there being such contradictory evidence as to leave the matter doubtful, an issue was directed, though the court is not bound to do so. At the trial, the verdict was against the marriage of the parents and legitimacy of the child, founded on certain written acts of the parents,... |
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Cases |
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| Wightman v. Macadam |
2 Brev. 230, Constitutional Court of Appeals of South Carolina (January 01, 1808) |
1808 |
The principle laid down by the court was, that whatever charges are necessarily incurred, where a vessel is compelled to seek refuge from tempest, in a port out of the course, or short of her port of destination, for the mutual safety of the ship and cargo, the owners of each are respectively bound to contribute, in proportion to their several... |
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Cases |
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| Wright v. Nichols |
1 Bibb 298, Court of Appeals of Kentucky (December 06, 1808) |
1808 |
IT has been assigned for error, by the appellant, (who was defendant in the Court below), that the Court improperly granted a new trial on the motion of the plaintiff, when the verdict was for the defendant. From the record it appears that a verdict was found for the defendant, which, on motion of the plaintiff, was set aside, and a new trial... |
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Cases |
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| Alderson v. Biggars |
4 Hen. & M. 470, Superior Court of Chancery of Virginia (January 01, 1809) |
1809 |
If the law affords an adequate remedy in this case, the application to this Court is improper; but if the law does not, this is, then, the proper Court. The counsel differed upon this subject. But I will not indulge a belief, that the geographical situation of counsel can have any influence upon their judgments, with respect to the jurisdiction of... |
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Cases |
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| Atwell's Adm'rs v. Milton |
4 Hen. & M. 253, Supreme Court of Appeals of Virginia (October 01, 1809) |
1809 |
1.An administration account settled before commissioners appointed by the Court in which the executor or administrator qualified, and certified to have been returned to Court, and being examined, to have been allowed, and ordered to be recorded, is admissible on the plea of fully administered, as prima facie evidence of the several... |
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Cases |
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| Bates v. Holman |
3 Hen. & M. 502, Supreme Court of Appeals of Virginia (April 01, 1809) |
1809 |
A testator made a will, in due form of law, to which he afterwards subjoined a codicil: he then made a second will, and annexed a postseript to it, by which he revoked all former wills, and signed the postscript; the second will was cancelled by cutting his name out from the body of it, but leaving the postscript with his name... |
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Cases |
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| Bibb v. Prather |
1 Bibb 313, Court of Appeals of Kentucky (April 19, 1809) |
1809 |
IT appears that Bibb purchased the tract of land in the bill mentioned, of Morehead, with the knowledge and assent of Prather and Smiley, who were interested in the land, and held the bonds of certain individuals for the conveyance of the same. From Bibb, Morehead, among other things, received two bonds, for the payment of £250; these bonds were by... |
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Cases |
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| Bostick v. McClaren |
2 Brev. 275, Constitutional Court of Appeals of South Carolina (April 01, 1809) |
1809 |
BAY, J., declared the resolution of the court, May 6, 1809. The parties both acted illegally in the transaction, and neither are intitled to the countenance of a court of justice; and in pari delicto, potior est conditio defendentis. NOTE. The objection that a contract is immoral, or illegal, as between plaintiff and defendant, sounds at all times... |
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Cases |
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| Claiborne v. Henderson |
3 Hen. & M. 322, Supreme Court of Appeals of Virginia (March 18, 1809) |
1809 |
Before our act of Assembly, (of 1785, which took effect the first day of January, 1787,) giving a widow dower of a trust estate, she was not dowable of an equitable estate. ON cross appeals from a decree of the Superior Court of Chancery for the Richmond District, pronounced by the late Judge of that Court. This cause involving the important... |
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Cases |
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