Category: 1805

7 U.S. 229 3 Cranch 229 2 L.Ed. 420 COOKE v. GRAHAM’S ADMINISTRATOR. February Term, 1805 ERROR TO THE CIRCUIT COURT OF THE DISTRICT OF COLUMBIA AT ALEXANDRIA Syllabus The plaintiff declared upon a bond dated 3 October, 1799, and upon oyer, the bond appeared to be dated 3 January, 1799. The variance, on demurrer, […]

7 U.S. 220 3 Cranch 220 2 L.Ed. 417 MILLIGAN, ADMINISTRATOR OF MILLIGAN v. MILLEDGE & WIFE. February Term, 1805 ERROR TO THE CIRCUIT COURT FOR THE DISTRICT OF GEORGIA Syllabus A plea in bar to a bill in chancery, denying only part of the material facts stated in the bill, is not good. A […]

7 U.S. 210 3 Cranch 210 2 L.Ed. 414 HALLET AND BOWNE v. JENKS AND OTHERS. February Term, 1805 ERROR TO THE COURT FOR THE TRIAL OF IMPEACHMENTS AND CORRECTION OF ERRORS OF NEW YORK Syllabus A vessel belonging to citizens of the United States, in the year 1799, driven by distress into a French […]

7 U.S. 193 3 Cranch 193 2 L.Ed. 408 WILSON v. CODMAN’s EXECUTOR. February Term, 1805 ERROR TO THE CIRCUIT COURT OF THE DISTRICT OF COLUMBIA FOR THE COUNTY OF WASHINGTON Syllabus In a declaration, the averment that the assignment of a promissory note was for value received is an immaterial averment, and need not […]

7 U.S. 187 3 Cranch 187 2 L.Ed. 406 THE MARINE INSURANCE COMPANY OF ALEXANDRIA v. WILSON.1* February Term, 1805 Syllabus THIS was an action of covenant in the circuit court of the district of Columbia, sitting at Alexandria, brought by Wilson, the defendant in error, against the Marine Insurance Company of Alexandria, upon a […]

7 U.S. 180 3 Cranch 180 2 L.Ed. 404 LEVY v. GADSBY. February Term, 1805 1 ERROR to the circuit court of the district of Columbia, sitting at Alexandria. 2 This was an action of assumpsit, by Levy, the indorsee of a promissory note, against Gadsby, payee and indorsor of M’Intosh’s note. 3 The declaration […]

7 U.S. 179 3 Cranch 179 2 L.Ed. 404 RAY v. LAW. February Term, 1805 Syllabus A decree for the sale of mortgaged property upon a bill filed for the foreclosure of a mortgage is a final decree from which an appeal will lie to this Court from a circuit court. The Court will not […]

7 U.S. 174 3 Cranch 174 2 L.Ed. 402 FAW v. ROBERDEAU’S EXECUTOR. February Term, 1805 RROR TO THE CIRCUIT COURT OF THE COUNTY OF ALEXANDRIA IN THE DISTRICT OF COLUMBIA Syllabus If an act of limitations have a clause, “saving to all persons non compos mentis, femes covert, infants, imprisoned, or out of the […]

7 U.S. 159 3 Cranch 159 2 L.Ed. 397 UNITED STATES v. BENJAMIN MOORE February Term, 1805 ERROR TO THE CIRCUIT COURT OF THE DISTRICT OF COLUMBIA AT WASHINGTON Syllabus An appeal in a criminal case does not lie to the Supreme Court from the Circuit Court of the District of Columbia. An affirmative description […]

7 U.S. 140 3 Cranch 140 2 L.Ed. 39 HODGSON v. BUTTS. February Term, 1805 1 ERROR to the circuit court for the district of Columbia, sitting at Alexandria, in an action for money had and received, to recover from the defendant, who was master of the schooner Mississippi, the amount of freight received by […]

7 U.S. 97 3 Cranch 97 2 L.Ed. 377 LAMBERT’S LESSEE v. PAINE. February Term, 1805 1 THIS was an ejectment brought in the circuit court of the United States, for the middle circuit in the Virginia district; in which John Doe, a subject of the king of Great Britain, residing without the state of […]

7 U.S. 92 3 Cranch 92 2 L.Ed. 376 PEYTON v. BROOKE. February 27, 1805 Wednesday, February 27. 1 THIS case came before the court, upon a bill of exceptions to the opinion of the circuit court of the district of Columbia, for the county of Alexandria, upon a motion for execution on a forthcoming […]

7 U.S. 73 3 Cranch 73 2 L.Ed. 370 THE UNITED STATES v. HOOE, ET AL.1 * February 23, 1805 Saturday, February 23. 1 ERROR to the circuit court of the district of Columbia. 2 Mason, attorney of the United States for that district, on the 17th of August, 1801, filed a bill in equity […]

7 U.S. 1 3 Cranch 1 2 L.Ed. 347 HUIDEKOPER’S LESSEE v. DOUGLASS.1 February Term, 1805 1 THIS was a case certified from the Circuit Court of the United States, for the district of Pennsylvania, in which the opinions of the judges of that court were opposed. 2 The action was an ejectment to try […]

6 U.S. 445 2 Cranch 445 2 L.Ed. 332 HEPBURN and DUNDAS v. ELLZEY. February Term, 1805 Syllabus THIS case came before the court, on a certificate of division of opinion by the judges of the circuit court of the district of Virginia. The certificate stated, ‘in this cause it occurred as a question whether […]

6 U.S. 419 2 Cranch 419 2 L.Ed. 324 GRAVES and BARNEWALL v. THE BOSTON MARINE INSURANCE COMPANY February Term, 1805 Syllabus APPEAL from the circuit court for the district of Massachusetts, in which was dismissed a bill filed by the appellants, seeking to charge the appellees upon a policy of insurance effected by them; […]

6 U.S. 407 2 Cranch 407 2 L.Ed. 320 TELFAIR et al. executors of RAE and SOMERVILLE v. STEAD’S executors. February Term, 1805 Syllabus WRIT of error to the circuit court of Georgia, to reverse a decree on the chancery side of the circuit court, rendered in favour of the defendants in error. The defendants […]

6 U.S. 358 2 Cranch 358 2 L.Ed. 304 The UNITED STATES v. FISHER et al. assignees of BLIGHT, a bankrupt. February Term, 1805 Syllabus ERROR to the circuit court of Pennsylvania. This writ of error was prosecuted by the United States who were plaintiffs in the court below. The questions submitted to the court, […]

6 U.S. 344 2 Cranch 344 2 L.Ed. 300 REILY, appellant v. LAMAR, BEALL and SMITH, appellees. February Term, 1805 Syllabus THIS was an appeal from the decree of the circuit court of the county of Alexandria, in the district of Columbia, in which court the appellant, Reily, had filed a bill in equity against […]

6 U.S. 342 2 Cranch 342 2 L.Ed. 299 WINCHESTER v. HACKLEY. February Term, 1805 ERROR to the circuit court of the Virginia district. The plaintiff’s declaration stated the claim to be for money paid and advanced by him, for the use of the defendant, now plaintiff in error. Upon the trial of the issue […]