Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

JUDGES

OF THE

SUPREME COURT

OF THE UNITED STATES,

DURING THE PERIOD OF THESE REPORTS.

THE HONOURABLE JOHN MARSHALL, CHIEF JUSTICE.

The honourable WILLIAM CUSHING,

The honourable WILLIAM PATERSON,

The honourable SAMUEL CHASE,

The honourable BUSHROD WASHINGTON,
The honourable ALFRED MOORE,

AND

The honourable WILLIAM JOHNSON,

IN THE PLACE OF

The honourable ALFRED MOORE, resigned.

ASSOCIATE
JUSTICES.

The only Judges who attended at February Term, 1804, were

THE HONOURABLE JOHN MARSHALL, CHIEF JUSTICE:

The honourable WILLIAM CUSHING,

The honourable SAMUEL CHASE,

AND

The honourable BUSHROD WASHINGTON,

ASSOCIATE

JUSTICES

ERRATA.

Page 10, last line of marginal note, for "and," read land.

12, line 3, for "debt,” read debts.

16,

16,

72,

75,

78,

79,

88,

89,

102,

105,

199,

201,

292,

3, for "was made," read was not made.

31, for "moed," read moved.

6, for "confine," read confined.

20, before "vice-admiralty," insert court of.
10, dele "it."

31, for “Boas,” read Paas, and wherever it occurs.
26, for "Ouskan,” read Unskan, and wherever it occurs
34, for "is," read are.

2, of the note, for "1700," read 1800.

1, of the note, after "part," insert of the.

15, fo. "Delenada," read Delmada.

27, for "Hughs," read Hughes.

17, for "incapable," read capable.

336, last line of the note. for "decided," read argued.

350 29, for "session," read cession.

358 to page 405 inclusive, in the margin of each page, for “ Fisher

v. Blight," read U. S. v. Fisher, et al.

380, line 1, for "argument," read arguments.

19, after "words," insert of.

381,

[blocks in formation]
[merged small][merged small][merged small][ocr errors][merged small]

ERROR from the circuit court of the district of The courts of Georgia.

ap

The judgment was reversed, because it did not pear upon the record that the circuit court had jurisdiction cf the case.

The proceedings stated, that "the petition of John "Peter Wagnon, a citizen of the state of Pennsylvania, "sheweth,

"That James W od, of the state of Georgia," &c.

The objection taken was, that it did not appear that the plaintiff and defendant were citizens of different states, and on that ground the judgment was reversed, upon the authority of Bingham v. Cabot et al. 3 Dall.

382.

the United States have not

jurisdiction in cases between citizens of the

United States,

unless the re cord expressly states them to

be citizens of different states.

[merged small][merged small][ocr errors][merged small]

THIS HIS was a writ of error to a judgment of the In Virginia, a circuit court of the district of Columbia, sitting at forthcoming Alexandria, upon a forthcoming bond, taken under the bond which in laws of Virginia.

reciting the execution, states the costs

The execution, upon which the bond was taken, was to be 20 dolfor " 143 dollars and 67 cents, also twelve dollars, thir-lars, instead of

B

12 dollars,' is

HODGSON

[ocr errors]

LYLES.

not thereby vitiated, if the aggregate of debts and costs

WILLIAMS & 66 ty-three cents, and 355 pounds of tobacco at the rate "of 13 shillings and 4 pence per cwt." The recital of the execution in the bond stated it to be for "143 dol"lars 67 cents, also twenty dollars thirty-three cents, and 355 pounds of tobacco at the rate of 13 shillings and four pence per hundred weight; and marshall's "fees and commissions, and all costs attending the exe"cution of the said writ, 8 dollars and 11 cents, making ❝ in the whole the sum of one hundred and seventy-one "dollars ninety-nine cents." This aggregate sum was correct according to the execution, and not according to the recital, there having been a mistake in writing the word twenty for twelve. The court below, considering the recital as correct in substance, rendered judgment for the plaintiff. The defendants took a bill of exceptions, and brought their writ of error.

be truly stated, but will support a judg

ment on motion.

FAW

9.

MARSTEL

LER.

Youngs, for defendant in error, cited 1 Call's Rep. 42, Scott v. Hornsby; and Bell v. Marr, p. 47.-Worsham v. Egleston, p. 48; and Wilkinson v. M'Lochlin,p.49.

Judgment affirmed, with 10 percent. damages and costs.

FAW v. MARSTELLER.*

THIS was an appeal by Faw, the original defend

ant, from a decree of the circuit court of the district of In a deed made Columbia, sitting as a court of chancery at Alexandria, in July 1803.

in the year 1779, of land rendering an annual rent of 26 pounds current money of Virginia for

The case, as stated by Marshall, ch. j. in delivering the opinion of the court, was as follows:

The counsel in this cause had not furnished the court with a state-. ever, the rents ment of the points of the case, according to the rule of the court, ante, are not to be Vol. I. p. XVI. Being called upon by the court for such a statement, reduced by the Swann observed that there was but a single point in the case, and therescale of depre- fore they had not supposed it necessary to reduce it to writing. ciation, but the Marshall Ch. -The court will proceed to hear this cause without actual annual having been furnished with a statement of the points; but they wish it value of the to be understood that they always expect such a statement. If there is and, at the only one point, it is the easier to state it.

« PreviousContinue »