1 U.S. 313 (1788) 1 Dall. 313 WILLIAMS versus CRAIG. Supreme Court of United States. *314 M`KEAN, Chief Justice. There are four species of Awards: first, those made by mutual consent, in pursuance of arbitration Bonds entered into out of Court; secondly, those which are made in a cause depending in a Court of Law or Equity, upon the consent of the parties to refer the matter in variance (which are awards at common law) thirdly, those which are made under a rule of Court, by virtue of the...
1 U.S. 265 1 Dall. 265 1 L. Ed. 130 Walton v. Willis No. _. Supreme Court of Pennsylvania April Term, 1788 1 Where an heir at law took an intestate's lands at a valuation, it had been the practice of the Orphans Courts throughout the State, only to require him to give Bonds to those who were entitled, under the Act of Assembly, to a distributive share of the estate. 2 The Chief Justice said, in the course of the argument in this cause, that the practice above mentioned, was illegal and improper;...
1 U.S. 248 1 Dall. 248 1 L. Ed. 122 Wallace surv. part. v. Fitzsimmons sp. bail. No. _. Court of Common Pleas, Philadelphia County March Term, 1788 1 The case was this: Hoe and Harrison of Virginia being indebted to Wallace and Smith, Wallace, as surviving partner of Smith, issued a foreign attachment against them, and attached their effects in the hands of Fitzsimmons. Judgment was obtained on this attachment at the third term; and, afterwards, Fitzsimmons entered special bail. The cause then...
1 U.S. 269 (1788) 1 Dall. 269 TILLIER versus WHITEHEAD. Supreme Court of United States. Ingersoll for the Plaintiff Bradford for the Defendant. Two questions were stated for the Plaintiff 1st, Whether Clement Biddle and Rudolph Tillier were partners generally, or only for certain specific purposes and 2dly, Whether one partner can devolve over the right of using the firm, without the knowledge and concurrence of the other To the first question it was answered by the Defendant's council,...
1 U.S. 354 (1788) 1 Dall. 354 ROSS versus CLARKE. Supreme Court of United States. *355 BY THE COURT. The money is to be considered in the same state, as if it had been paid into the hands of the Sheriff. If a proceeding of this kind were allowed, there could be no end to suits. We are unanimously of opinion, that the foreign attachment has issued irregularly and ought to be quashed. The rule made absolute.
1 U.S. 252 (1788) 1 Dall. 252 ROBERTSON et al. versus VOGLE. Supreme Court of United States. Sergeant and Bradford for the Plaintiffs. *254 SHIPPEN, President, delivered the opinion of the Court to the following effect. This is a motion for a nonsuit upon two grounds; first that the Plaintiff by an acceptance of part of the money from the drawer of the note in question, has discharged the indorsor; and, secondly, that he is also discharged, because due notice of the non-payment of the note was...
1 U.S. 335 (1788) 1 Dall. 335 RESPUBLICA v. TEISCHER. Supreme Court of United States. *338 The opinion of the Court was delivered on the 15th of July, by the CHIEF JUSTICE. M'KEAN, Chief Justice. The Defendant was indicted for "maliciously, wilfully, and wickedly killing a horse," and being convicted by the Jury, it has been urged, in arrest of judgment, that this offence was not of an indictable nature. It is true, that on the examination of the cases we have not found the line accurately...
1 U.S. 357 (1788) 1 Dall. 357 RESPUBLICA versus SPARHAWK. Supreme Court of United States. *362 The CHIEF JUSTICE, after stating the case, delivered the opinion of the Court as follows: M`KEAN, Chief Justice. On the circumstances of this case, two points arise: 1st, Whether the appellant ought to receive any compensation, or not And 2dly, Whether this Court can grant the relief which is claimed Upon the first point we are to be governed by reason, by the law of nations, and by precedents...
1 U.S. 236 (1788) 1 Dall. 236 RESPUBLICA versus SHAFFER. Supreme Court of United States. THE CHIEF JUSTICE, accordingly, addressed the Grand Jury to the following effect: M`KEAN, Chief Justice. Were the proposed examination of witnesses, on the part of the Defendant, to be allowed, the long established rules of law and justice would be at an end. It is a matter well known, and well understood, that by the laws of our country, every question which affects a man's life, reputation, or property,...
1 U.S. 319 (1788) 1 Dall. 319 RESPUBLICA versus OSWALD. Supreme Court of United States. *324 The CHIEF JUSTICE delivered the opinion of the Court to the following effect, Judge BRYAN having shortly before taken his seat. M`KEAN. C.J. This is a motion for an attachment against Eleazer Oswald, the printer and publisher of the Independent Gazetteer, of the 1st of July last, No. 796. As a ground for granting the attachment, it is proved, that an action for a libel had been instituted in this court,...
1 U.S. 233 (1788) 1 Dall. 233 RESPUBLICA versus GORDON. Supreme Court of United States. But now THE CHIEF JUSTICE delivered the opinion of the court, that any proceedings against Mr. Gordon, the Defendant, would contravene an express article in the treaty of peace and amity, entered into, between the United States of America and Great Britain, for which reason they could not sustain the suggestion filed by the attorney-general. And the Defendant was accordingly discharged. [*] NOTES [*] The...
1 U.S. 238 (1788) 1 Dall. 238 POULTNEY et al. versus ROSS. Supreme Court of United States. *239 SHIPPEN, President As the law that has prevailed upon this subject, is adapted to the peculiar situation of the country, it will naturally differ from the law which is established in other places, under different circumstances. Thus, though in England, the shopbook of a tradesman is not evidence of a debt, without the assistant oath of the clerk who made the entry; yet here, from the necessity of the...
1 U.S. 380 (1788) 1 Dall. 380 PLEASANTS versus MENG et al. Supreme Court of United States. *381 SHIPPEN, President This is an action brought by Samuel Pleasanis against John Meng, and three other persons, in which the Defendants have pleaded, that they are certificated bankrupts, and the Plaintiff has replied, that the certificates were unfairly obtained. *382 If the plea had been drawn up at large, instead of being entered on the docquet, it must have been pursuant to the act of Assembly, "...
1 U.S. 261 (1788) 1 Dall. 261 PHELPS et al. versus HOLKER et al. Supreme Court of United States. Ingersoll, for the Plaintiff. &mdash. Bowie, for the Defendant. &mdash. *264 M`KEAN, Chief Justice. This is a proceeding in rem, and ought not certainly to be extended further than the property attached. If that is sufficient to satisfy the Plaintiff, he has done well to secure himself; but in the present action the Judgment obtained in Massachusetts cannot be considered as conclusive evidence of...
1 U.S. 293 1 Dall. 293 1 L. Ed. 143 No. _. Tetter v. Rapesnyder Court of Common Pleas, Philadelphia County June Term, 1788 1 The parties, having consented to a reference, filed a written agreement appointing three persons, without saying or any two of them, to report; but the Clerk, in making out the rule, had so expressed it. The three referees met, though only two of them signed the report; and now Lawrence moved to set it aside, on account of this variance between the rule and the agreement...
1 U.S. 240 (1788) 1 Dall. 240 NEWMAN versus BRADLEY. Supreme Court of United States. SHIPPEN, President. This is the very case put in the books, and the rule which is founded upon it, extends generally to all civil suits. When a confession is given in evidence, all that was said must be stated, and the whole, generally speaking, ought to be taken together, unless such circumstances of improbability appear, as will render it necessary for the Defendant to prove what he asserts in avoidance of a...
1 U.S. 229 1 Dall. 229 1 L. Ed. 113 Millar v. Hall No. _. Supreme Court of Pennsylvania January Term, 1788 RULE to show cause why an Exoneretur should not be entered on the bail-piece. The Defendant had obtained his discharge under the insolvent law in the State of Maryland, which law was enacted subsequent to the debt in question, and to the institution of this suit. It was stated, and allowed, that the money for which the action was brought, had been paid to Hall in Maryland, on account of...
1 U.S. 272 (1788) 1 Dall. 272 MIFFLIN et al. versus BINGHAM. Supreme Court of United States. *275 For the Plaintiffs Ingersol and Sergeant. For the Defendant Tilghman, Lewis, and Wilson. M`KEAN, Chief Justice. There are two ways of proving a witness to be interested in a cause: first, by examining him on his voir dire; or, secondly, by shewing his interest from other evidence, either parol or written. But both these ways cannot be pursued at the same time; for the election of the one...
1 U.S. 375 (1788) 1 Dall. 375 M`CLENACHAN et al. versus M`CARTY. Supreme Court of United States. *376 Wilson and Wilcocks for the Plaintiffs. *377 SHIPPEN, President. This is a motion to set aside the inquisition of a Jury of Inquiry in a foreign attachment, on the ground of the Defendant's evidence being refused to be heard before the Sheriff and Inquest, on the execution of the writ of inquiry. On the part of the Plaintiffs two points have been made and argued: 1st, That on the execution of...
2 U.S. 98 2 Dall. 98 1 L. Ed. 305 McCurdy v. Potts, et al * Supreme Court of Pennsylvania May Sessions, 1788 This was an action of Trespass vi et armis for cutting the plaintiff's trees; to which the defendant pleaded non cul. with leave to justify, &c. The title to the premises was the subject of controversy; and the Chief Justice delivered the following charge to the Jury. M'Kean, Chief Justice: 1 It is essential to private justice and to public peace and order, that the rules of property, as...
