Skip to content


Latest Cases Home > Latest Page 72768 of about 728,175 results (2.526 seconds)

1804

Com. of Pennsylvania Vs. Lyon

Court : US Supreme Court

COM. OF PENNSYLVANIA v. LYON - 4 U.S. 302 (1804) U.S. Supreme Court COM. OF PENNSYLVANIA v. LYON, 4 U.S. 302 (1804) 4 U.S. 302 (Dall.) Commonwealth v. Lyon. Supreme Court of Pennsylvania. March Term, 1804 THE defendant, having made an affidavit in the usual form, applied to SMITH, Justice, for the allowance of a certiorari to remove this indictment from the Quarter Sessions of Northumberland county, into the Circuit Court. Cooper (acting for the attorney-general) stated the reasons, which had induced him to decline consenting to the removal; and the following authorities were mentioned. The removal of an indictment, at the instance of the defendant, is discretionary with the Court; but the discretion ought not to be exercised, without special cause. 2 Hawk. 407, 8. s. 27. 4 Burr. 2458. The removal is not usually allowed in cases of perjury, forgery, &c.; because such offences should be discouraged; and removals not only tend to delay justice, but to discountenance prosec...

Tag this Judgment!

1804

Com. of Pennsylvania Vs. Matlack

Court : US Supreme Court

COM. OF PENNSYLVANIA v. MATLACK - 4 U.S. 303 (1804) U.S. Supreme Court COM. OF PENNSYLVANIA v. MATLACK, 4 U.S. 303 (1804) 4 U.S. 303 (Dall.) Commonwealth v. Matlack. Supreme Court of Pennsylvania. September Term, 1804 THE defendant had been clerk of the Senate; and in that character received 900 dollars, as a fund to defray the contingent expenses of the house, during several sessions. The Committee of accounts called upon him for a settlement; but he declined exhibiting his vouchers, unless they would allow him a certain retrospective compensation, to which he contended that he was entitled, under an act passed on the 22d of April 1794. The Senate thereupon directed the comptroller to institute the present suit. Upon the trial, the defendant proved, that he had expended considerably more money, than he had received, for the use of the house; and he claimed a verdict for the amount of his advances, as well as for the additional compensation allowed by the act of 1794. THE CO...

Tag this Judgment!

1804

RUNDLE Vs. MURGATROYD'S ASSiGNEES

Court : US Supreme Court

RUNDLE v. MURGATROYD'S ASSIGNEES - 4 U.S. 304 (1804) U.S. Supreme Court RUNDLE v. MURGATROYD'S ASSIGNEES, 4 U.S. 304 (1804) 4 U.S. 304 (Dall.) Rundle v. Murgatroyd's Assignees. Supreme Court of Pennsylvania. September Term, 1804 THE point agitated upon the trial of this cause, turned on the validity of a mortgage given to the plaintiff by Murgatroyd, to secure to his wife, the amount of a legacy, which had been bequeathed to her, by her grandmother. It appeared, that in the year 1784, Murgatroyd had entered into articles of agreement with trustees, by which he engaged to secure the legacy, in case he should become insolvent. He received the money, and mixed it with his other pecuniary funds; but took no steps to secure the amount for his wife, until the execution of the present mortgage, in March 1802, when he was insolvent, and was soon afterwards duly declared a bankrupt. The case was considered, as a case of marriage settlement, by the counsel on both sides. In support o...

Tag this Judgment!

1804

Duncanson Vs. Mclure

Court : US Supreme Court

DUNCANSON v. MCLURE - 4 U.S. 308 (1804) U.S. Supreme Court DUNCANSON v. MCLURE, 4 U.S. 308 (1804) 4 U.S. 308 (Dall.) Duncanson v. M'Lure. Supreme Court of Pennsylvania. September Term, 1804 THIS was an action of trover for the ship Mount Vernon, which the defendant had purchased, under a sentence of condemnation as prize, pronounced by the French Provisional Tribunal of Prizes, established in the city of St. Domingo. The material facts of the case were these:1 'Mr. Duncanson, an English gentleman, came to the United States with a view to settle; and, in order to manifest his intention, took an oath of allegiance to the state of Pennsylvania, though he had not been long enough in the country to entitle himself to naturalization, under the act of congress. Contemplating a circuitous voyage from America to England, and thence to the East-Indies, he applied to Messrs. Willings and Francis to procure a ship for him; and those gentlemen agreed absolutely with Mr. Thomas Murgatroyd,...

Tag this Judgment!

1804

Com. of Pennsylvania Vs. Franklin

Court : US Supreme Court

COM. OF PENNSYLVANIA v. FRANKLIN - 4 U.S. 316 (1804) U.S. Supreme Court COM. OF PENNSYLVANIA v. FRANKLIN, 4 U.S. 316 (1804) 4 U.S. 316 (Dall.) Commonwealth v. Franklin et al. Supreme Court of Pennsylvania. December Term, 1804 THE general question, upon the constitutionality of the intrusion act ( 3 State Laws, 703. Dall. edit.) having been decided at the last term, in the affirmative, this case came again before the Court, upon the remaining exceptions in arrest of judgment, as they are stated ante, p. 257.; but the counsel for the defendants abandoned the third and fourth, and the argument and decision turned entirely upon the sixth and seventh, exceptions. For the defendants. If the cause was never pending in the Circuit Court, as the sixth and seventh exceptions allege, all the proceedings there, are, of course, coram non judice; and the judgment must be arrested. These exceptions will, therefore, be first considered. Then, 1st. The certiorari is directed to a wrong Court...

Tag this Judgment!

1804

U S Vs. Passmore

Court : US Supreme Court

U S v. PASSMORE - 4 U.S. 372 (1804) U.S. Supreme Court U S v. PASSMORE, 4 U.S. 372 (1804) 4 U.S. 372 (Dall.) The United States v. Thomas Passmore. Circuit Court, Pennsylvania District. April Term, 1804 THE defendant, who had become bankrupt, was prosecuted by indictment, containing two counts, for perjury, in swearing before the commissioners, on the 20th day of September 1803, that he 'could not tell exactly the time, but believed it was the latter [end] of 1799, that he first owned the brig Abigail. He ceased to own her, he rather though, in the year 1800,' when in truth and in fact he never did own her, but had covered the property for an alien under his name. He had before sworn, at the custom- house (on the 31st of July 1799) that he 'was the true and only owner of the brig Abigail; that there was no subject, nor citizen, of any foreign prince, or state, directly or indirectly, by way of trust, confidence, or otherwise, interested therein, or in the profits or issues the...

Tag this Judgment!

1804

Willing Vs. U S

Court : US Supreme Court

WILLING v. U S - 4 U.S. 374 (1804) U.S. Supreme Court WILLING v. U S, 4 U.S. 374 (1804) 4 U.S. 374 (Dall.) Willing et al. Plaintiffs in Error v. The United States. Circuit Court, Pennsylvania District. April Term, 1804 ERROR from the District Court of Pennsylvania. Upon the record it appeared, that this was an action upon a bond, dated the 16th of November 1802, given by Willings and Francis and J. Miller, in the penal sum of 15, 442 dollars, to secure the payment of 7720 41/100 dollars, being the amount of one half of the duties payable on the cargo of the ship Missouri, on the 16th of May 1803. The defendants pleaded, 1st. That the duties on the goods in question amounted only to 14,036 73/100 dollars, on account of one half of which (7018 36/100 dollars) the bond was given. And, 2d. Payment. The plaintiff replied, 1st. That the ship was an American registered vessel, owned by the defendants, when she sailed from Philadelphia for Canton, on the 1st of December 1800; that af...

Tag this Judgment!

1804

Ex Parte Hurst

Court : US Supreme Court

EX PARTE HURST - 4 U.S. 387 (1804) U.S. Supreme Court EX PARTE HURST, 4 U.S. 387 (1804) 4 U.S. 387 (Dall.) Hurst's Case. Circuit Court, Pennsylvania District. October Term, 1804 ON the affidavit of Timothy Hurst, it appeared, that he had come from his residence at New-York, to attend the trial of Hurst v. Hurst (in which he was a party) at the present term; that after his arrival he had been subpoenaed as a witness, in the case of W. Hurst v. Rodney, which was, also, upon the trial list; that yesterday (the 13th of November) while he was at his lodgings, in Hardy's tavern, he had been arrested by the sheriff upon a ca. sa. issuing from the Supreme Court of Pennsylvania; and that he had come to Philadelphia, and was remaining here, at the time of the arrest, only upon the business of his suit, and in obedience to the subpoena. Ingersoll, upon these facts, moved, that Hurst should be discharged from the custody of the sheriff. And he argued, in support of the motion, 1st. That t...

Tag this Judgment!

1804

Walker Vs. Smith

Court : US Supreme Court

WALKER v. SMITH - 4 U.S. 389 (1804) U.S. Supreme Court WALKER v. SMITH, 4 U.S. 389 (1804) 4 U.S. 389 (Dall.) Walker et al. v. Smith. Circuit Court, Pennsylvania District. October Term, 1804 CASE. On the trial of this cause, the following facts appeared: The plaintiffs were merchants of London; and in March 1796, shipped and consigned to the defendant certain goods, invoiced at 270l. 14s. 8d. sterling, accompanied with a letter, stating that 'these goods were shipped by order of Mr. J. B. and for his account; and he was to remit us the amount on his arrival at Philadelphia: but since they were shipped, some circumstances have occurred, which have created some doubts, in our minds, respecting his solidity; and by the advice of our friends, we have adopted this method to secure ourselves through your friendly assistance, which we request on this occasion. As we do not want to deprive B. of the benefits to be derived from the sale of these goods, we wish you to hold them at his d...

Tag this Judgment!

1804

Williams and Hodgson Vs. Lyles

Court : US Supreme Court

Williams & Hodgson v. Lyles - 6 U.S. 9 (1804) U.S. Supreme Court Williams & Hodgson v. Lyles, 6 U.S. 2 Cranch 9 9 (1804) Williams & Hodgson v. Lyles 6 U.S. (2 Cranch) 9 ERROR TO THE CIRCUIT COURT OF THE COUNTY OF ALEXANDRIA IN THE DISTRICT OF COLUMBIA Syllabus Where there was an error in the recital of the particular sums in a forthcoming bond given for a stay of execution under the law of Virginia, but the whole sum for which the bond was given was the amount of the debt and costs on the execution, it was held that the bond was valid. In the circuit court, a judgment was entered for the plaintiff under a forthcoming bond, taken according to the act of the Assembly of Virginia, which authorizes a stay of execution upon the delivery of such a bond, to pay the costs in money, and the debt in tobacco, at a stated price. The execution upon which the bond was given for "$163.67, also $12.33 and three hundred and fifty-four pounds of tobacco at thirteen shillings and fo...

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //