2 U.S. 68 2 Dall. 68 1 L. Ed. 292 Woglam v. Cowperthwaite Philadelphia Court of Common Pleas August Sittings, 1790 2 U.S. 68 2 Dall. 68 1 L. Ed. 292 Woglam 1 v. Cowperthwaite Philadelphia Court of Common Pleas August Sittings, 1790 2 This was an action brought against the Sheriff of Philadelphia, for taking goods by virtue of a writ de retorno hatendo. The facts were as follows: One Cresson, distrained goods of Hamilton, for rent, due to Samuel Emlen; Hamilton, replevied the goods, and gave...
2 U.S. 105 2 Dall. 105 1 L. Ed. 309 Todd v. Thompson Supreme Court of Pennsylvania June Term, 1790 1 This cause being marked for trial, it was continued by the plaintiff; whereupon the defendant's counsel moved for a rule to try at the next term, or non pros. This, however, was opposed, the plaintiff's counsel alledging, that there was no default on his part, as the procrastination arose, in fact, from the absence of a material witness, and the late arrival of a record from New Jersey, which...
2 U.S. 77 2 Dall. 77 1 L. Ed. 296 Sharpe v. Thatcher Philadelphia Court of Common Pleas October Sessions, 1790 This was a certiorari to remove the judgment given in this case by Justice Wharton. On a motion made by Serjeant to reverse the judgment, it appeared that Thatcher, the present defendant, had originally sued Sharpe, the plaintiff, before Justice Coates, to recover a debt; that Sharpe offered to make a set off, for water-money, that is, a charge for Thatcher's drawing water at his pump;...
2 U.S. 58 2 Dall. 58 1 L. Ed. 288 Rue v. Mitchell Philadelphia Court of Common Pleas August Sittings, 1790 2 U.S. 58 2 Dall. 58 1 L. Ed. 288 Rue 1 v. Mitchell Philadelphia Court of Common Pleas August Sittings, 1790 2 This was an action of slander; for pronouncing the words set forth by the declaration, in the following form, after the general introduction and averments, respecting the plaintiff's good sameand character: 'That the defendant published, then and there, the following false,...
2 U.S. 112 (_) 2 Dall. 112 RESPUBLICA versus GRIFFITHS. Supreme Court of United States. The Attorney General (Bradford) objected, that it is not the duty of the Attorney General to draw and file this information. *113 BY THE COURT: The objection is reasonable and ust. But, pro forma, the Attorney General must allow his name to be used by the prosecutor.
2 U.S. 51 (_) 2 Dall. 51 RAPALJE et. al. versus EMORY. Supreme Court of United States. SHIPPEN, President. The case was shortly this. Reuben Fairchild, in the year 1775, failed from New-York, master of a vessel belonging to the plaintiff and himself, on a circuitous *52 voyage. He was likewise the factor of the plaintiffs, and had discretionary orders to trade for them and to sell the vessel as well as the cargo. In the course of the voyage he sold both vessel and cargo, and made some...
2 U.S. 60 2 Dall. 60 1 L. Ed. 289 Price v. Ralston, assignee of Pollard, a Bankrupt Philadelphia Court of Common Pleas August Sittings, 1790 2 U.S. 60 2 Dall. 60 1 L. Ed. 289 Price v. Ralston, assignee of Pollard, a Bankrupt Philadelphia Court of Common Pleas August Sittings, 1790 This cause came before the Court, on a case stated for their opinion, in the following words: 'On the 23rd day of March, 1784, William Price, the plaintiff, shipped and consigned goods, by the Christian, to William...
2 U.S. 70 (_) 2 Dall. 70 POWELL v BIDDLE, administrator de bonis non & c. of S. MIFFLIN. Supreme Court of United States. *72 SHIPPEN President. The court entertain no doubt in this case; and, therefore, ought not to postpone a decision. The bequest was made to a person who was always called Samuel by the testator, though, in fact, named William; and whom the testator had nurtured and educated from his infancy; when, on the other hand, he did not even know the person really called Samuel. The...
2 U.S. 50 2 Dall. 50 1 L. Ed. 284 Innis v. Miller Philadelphia Court of Common Pleas August Sittings, 1790 2 U.S. 50 2 Dall. 50 1 L. Ed. 284 Innis 1 v. Miller Philadelphia Court of Common Pleas August Sittings, 1790 2 Replevin. The Defendant offered Francis Bailey, as a witness; who being sworn on his voir dire, said 'that he was a judgment creditor of the defendant's; that he expected, if the defendant recovered, to be paid, at least a part of his debt; and that he did not know that the...
2 U.S. 45 2 Dall. 45 1 L. Ed. 282 Inglis, for the use of Reede, et al. v. Inglis's Executors. Philadelphia Court of Common Pleas August Sittings, 1790 2 U.S. 45 2 Dall. 45 1 L. Ed. 282 1 Inglis, for the use of Reede, et al. 2 v. 3 Inglis's Executors. Philadelphia Court of Common Pleas August Sittings, 1790 4 This was an action of debt, to recover a legacy of L 150, which Samuel Inglis had bequeathed to his brother George Inglis, the nominal Plaintiff, by his last will and testament, bearing...
4 U.S. 107 (_) 4 Dall. 107 Geyer's Lessee versus Irwin. Supreme Court of United States. Ingersoll, for the plaintiff. By the COURT: A member of the general assembly is, undoubtedly, privileged from arrest, summons, citation, or other civil process, during his attendance on the public business confided to him. And, we think, that upon principle, his suits cannot be forced to a trial and decision, while the session of the legislature continues. But every privileged person must, at a proper time,...
2 U.S. 55 (_) 2 Dall. 55 COWPERTHWAITE, versus JONES, et. al. Supreme Court of United States. SHIPPEN, President: The motion for a new trial in this cause has been made on several grounds: 1st. Because the jury have misbehaved, in adopting an improper mode of estimating the damages; by setting down each the particular sum he thought just, and then dividing the aggregate by the number of jurymen. 2d. Because the damages are said to be excessive. 3d. Because the verdict was contrary to the...
2 U.S. 74 2 Dall. 74 1 L. Ed. 295 Brailey v. Miller Philadelphia Court of Common Pleas September Sessions, 1790 1 This action was brought to recover a debt exceeding L 10, but, upon being referred, the debt was reduced by a set off, and the report of the referees was for no more than L 8. As the plaintiff had not previously filed an affidavit of his belief, that the sum due exceeded L 10, (agreeably to the provision of the 13th section of the act of the 1st March, 1745.) Bankson, contended,...
2 U.S. 44 2 Dall. 44 1 L. Ed. 282 bowen v. Douglass Philadelphia Court of Common Pleas August Sittings, 1790 2 U.S. 44 2 Dall. 44 1 L. Ed. 282 1 bowen 2 v. Douglass Philadelphia Court of Common Pleas August Sittings, 1790 3 The Plaintiff had taken out a subpoena, returnable to December term last, for two witnesses, who lived in Montgomery County; but as they did not then appear, an attachment, directed to the Sheriff of Montgomery County, was issued, returnable to the succeeding March term;...
2 U.S. 399 2 Dall. 399 APPOINTMENT of Justices February Term, 1790. 1 This being the period prescribed by law, for holding the first term of the Supreme Court of the United States, the Judges met at New-York, the seat of the Federal Government, their respective commissions were read, and they were qualified according to law. 2 John Jay, appointed Chief Justice, by a commission bearing date the 26th of September, 1789. 3 Wm. Cushing, appointed one of the Justices, 27th Sept. 1789. 4 James Wilson,...
