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1786

Hollingsworth Vs. Leiper

Court : US Supreme Court

HOLLINGSWORTH v. LEIPER - 1 U.S. 161 (1786) U.S. Supreme Court HOLLINGSWORTH v. LEIPER, 1 U.S. 161 (1786) 1 U.S. 161 (Dall.) Hollingsworth v. Leiper Court of Common Pleas, Philadelphia County March Term, 1786 A rule had been obtained to show cause, why the report of Referrees should not be set aside, on the ground of their having heard a witness interested in the event of the suit; and, after argument, THE PRESIDENT pronounced the decision of the Court. SHIPPEN, President. The determination of causes by referrees under a rule of Court, has become so frequent and useful a practice, and is attended with so many advantages towards the summary administration of justice, that is would be extremely mischievous to shake their reports by captious objections, where the substantial rules of justice are not violated. The merits of the cause are solely submitted to them, as judges of the parties own chusing, and are not afterward; enquired into by the Court, unless there should appear ...

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1786

Ogden Vs. Ash

Court : US Supreme Court

OGDEN v. ASH - 1 U.S. 162 (1786) U.S. Supreme Court OGDEN v. ASH, 1 U.S. 162 (1786) 1 U.S. 162 (Dall.) Ogden v. Ash Court of Common Pleas, Philadelphia County March Term, 1786 This was an action upon a policy of insurance on the Ship Brothers, which came before the Court upon a case stated, wherein the single question was, whether a warrant inserted in the policy, had been complied with on the part of the insured, or not? After argument, THE PRESIDENT stated the point, and delivered the opinion of the Court. SHIPPEN, President. The policy in this case, is on the outward bound voyage, wherein it is warranted 'that orders will be Page 1 U.S. 162, 163 given that the Ship shall not cruise.' Whether such orders have, or have not, been given, is the question before the Court. The orders which were given, are produced. They consist of instructions which, in the former part, relate to the outward bound voyage, and, in the latter, to an intended cruise for two or three months, aft...

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1786

Sliver Vs. Shelback

Court : US Supreme Court

SLIVER v. SHELBACK - 1 U.S. 165 (1786) U.S. Supreme Court SLIVER v. SHELBACK, 1 U.S. 165 (1786) 1 U.S. 165 (Dall.) Sliver, Plaintiff in Err. v. Shelback Supreme Court of Pennsylvania April Term, 1786 This was a question on a writ of error, brought to reverse a judgment in the Common Pleas of Philadelphia County, against the plaintiff in error, when within age. The record of the Court below, stated, that the defendant ( now plaintiff) appeared in person, imparled to the next term, and then appeared and said nothing; wherefore, &c.; The plaintiff attained his full age before he brought the writ of error. Levy, for the plaintiff in error, cited 8 Mod. 185. Rep. imp. Hardw. 104. 376. 1 Bl.Com. 465. Cro. El. 569. 818. Lill.Ent. 252. 3. Bac. Abr. 149. But, as his arguments were afterwards admitted, and repeated by the Court, it is unnecessary to insert them here. Lewis, for the defendant in error. Infancy must be tried by inspection, 3. Bl. Com. 331. By the record it is state...

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1786

Pirate Vs. Dalby

Court : US Supreme Court

PIRATE v. DALBY - 1 U.S. 167 (1786) U.S. Supreme Court PIRATE v. DALBY, 1 U.S. 167 (1786) 1 U.S. 167 (Dall.) Pirate, alias Belt v. Dalby Supreme Court of Pennsylvania April Term, 1786 Since the act for the gradual abolition of slavery, a number of persons have formed a society in Philadelphia, for the purpose of relieving those of their fellow creatures, who are held in illegal slavery; and this action is owing to that institution. The plaintiff, being the supposed issue of white and mulattoe parents, attended the defendant to Philadelphia in the autumn of 1784, and presented so pure a complexion, that the attention of the society was excited, and a writ of Hubeas corpus taken out at their instance. The boy's right to freedom was first argued before Mr. Justice Bryan, and, the next day, before the same judge, and the CHIEF JUSTICE, at their chambers; when the facts being disputed, the CHIEF JUSTICE advised the counsel to throw the case into the form of an action de Homine r...

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1786

Kunckel Vs. Baker

Court : US Supreme Court

KUNCKEL v. BAKER - 1 U.S. 169 (1786) U.S. Supreme Court KUNCKEL v. BAKER, 1 U.S. 169 (1786) 1 U.S. 169 (Dall.) Kunckel et al. v. Baker Supreme Court of Pennsylvania April Term, 1786 This was an application for a special Court, founded on the act passed the 10th of April, 1782. Kunckel, the petitioner, set forth in his affidavit, that one of the plaintiffs, Boom, with whom he had been in partnership, had dissolved their connection, since the commencement of the action, and that the outstanding debts had been asigned to Kunckel, so as to vest in him the whole interest in the event of the action. It was also stated that Kunckel was about to depart from the United States; but that Boom had no such intention. The Attorney General, for the defendant, objected, that, by thus assigning the interest in an action to a going foreigner, a special Court, and an early judgment, might always be within reach, to the prejudice not only of the defendants but of other creditors. And upon this ...

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1786

MOORE'S LESSEE Vs. FEW

Court : US Supreme Court

MOORE'S LESSEE v. FEW - 1 U.S. 170 (1786) U.S. Supreme Court MOORE'S LESSEE v. FEW, 1 U.S. 170 (1786) 1 U.S. 170 (Dall.) Moore's Lessee v. Few, et al. Supreme Court of Pennsylvania April Term, 1786 This was an Ejectment for certain premises in the County of Philadelphia. After solemn argument by Wilcocks and Rawle, for the plaintiff; and the Attorney General and Sergeant, for the defendant; THE CHIEF JUSTICE delivered the opinion of the Court, that the word transfer, being used among the disabilities to which Non jurors are subjected by the act of Assembly, passed the 13th of June 1777, the testator John Hunt, under whose devise the plaintiff's title was made, being at the time of his death a Non juror, was incapable of devising lands and tenements. And consequently the defendants, claiming under the heir at law, had judgment. ...

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1786

Dutilh Vs. Ritchie

Court : US Supreme Court

DUTILH v. RITCHIE - 1 U.S. 171 (1786) U.S. Supreme Court DUTILH v. RITCHIE, 1 U.S. 171 (1786) 1 U.S. 171 (Dall.) Dutilh v. Ritchie Court of Common Pleas, Philadelphia County June Term, 1786 This was a Replevin for divers goods, wares &c.; and property was pleaded in Andrew Clow, and others, assignees for the benefit of the defendant's creditors. The facts were these: The Defendant had bought certain goods, for which he gave a promissory note, that was afterwards indorsed to the plaintiff, who went (probably by desire of the Payee) to purchase goods from the defendant on the 8th of April 1785, about five o'clock in the afternoon. He told the Defendant, on entering his shop, that he came to take goods in payment of the note, and the defendant (whose attention was taken up, at the same time, by several other customers) handed him such articles as he pointed out, mentioning their respective prices. The Plaintiff marked those pieces which he approved of, and laid them on one ...

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1786

Shotwell Vs. Boehm

Court : US Supreme Court

SHOTWELL v. BOEHM - 1 U.S. 172 (1786) U.S. Supreme Court SHOTWELL v. BOEHM, 1 U.S. 172 (1786) 1 U.S. 172 (Dall.) Shotwell v. Boehm Court of Common Pleas, Philadelphia County June Term, 1786 Trespass for mesne profits, after recovery in Ejectment. It was ruled by THE COURT, that the Plaintiff shall not give evidence of the annual value of the premises beyond the time of the lease mentioned in the declaration in ejectment; although the present action was brought by the lessor of the Plaintiff. Rawle for the Plaintiff. Sergeant for the Defendant.[ Shotwell v. Boehm 1 U.S. 172 (1786) ] ...

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1786

Grier Vs. Grier

Court : US Supreme Court

GRIER v. GRIER - 1 U.S. 173 (1786) U.S. Supreme Court GRIER v. GRIER, 1 U.S. 173 (1786) 1 U.S. 173 (Dall.) Grier et al. v. Grier Supreme Court of Pennsylvania September Term, 1786 After argument by Bradford and Sergeant for the Plaintiffs, and Wilcocks and Ingersol for the Defendant, THE CHIEG JUSTICE delivered the judgment of the court in this cause. M'KEAN, Chief Justice. This is an action of debt upon an arbitration bond; the Defendant prayed Oyer of the obligation and condition; the condition was to submit to the award of five persons, concerning 'the exchange of a number of loan office certificates, and of, upon and concerning an action of slander now depending between the said parties,' and also of all other matters, differences, and demands &c.; The Defendant thereupon pleaded, that the arbitrators made no award. The Plaintiffs replied, and set forth an award, whereby (among other things) the arbitrators did award and order, 'that in consideration of the loss sus...

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1786

KERLiN'S LESSEE Vs. BULL

Court : US Supreme Court

KERLIN'S LESSEE v. BULL - 1 U.S. 175 (1786) U.S. Supreme Court KERLIN'S LESSEE v. BULL, 1 U.S. 175 (1786) 1 U.S. 175 (Dall.) Kerlin's Lessee v. Bull et al. Supreme Court of Pennsylvania September Term, 1786 This cause now came before the court on a special verdict, returned upon the trial of an ejectment for a messuage and lands in the township of East-Whiteland, in the county of Chester. It was ably argued on the 27th of April, by Sergeant and Bradford for the defendants and Lewis and Wilcocks for the plaintiff; Page 1 U.S. 175, 176 and, the COURT having taken time to consider of their judgment, it was this day pronounced by the CHIEF JUSTICE. M'KEAN, C.J. This cause was tried at Nisi Prius in Chester, when the Jury found a special verdict, which contains the following statement: That a certain John Hunter, being seized in fee of the premisses in question, on the 30th of July 1751, made his last will and testament in writing, duly executed, and, among other things, devise...

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