Articles Tagged: Bayard’s Notebook

Bayard’s Notebook, 231 WELLS v. MITCHELL. High Court of Errors and Appeals of Delaware. August 11, 1798. Appeal from the Board of Commissioners of Sussex County. Present: KILLEN, Chancellor. READ, Chief Justice [of the] Supreme Court, BASSETT, Chief Justice [of the] Common Pleas. CLAYTON, JOHNS, and RODNEY, [Justices]. The case was [that] John Dagworthy in […]

Bayard’s Notebook, 85[*] STATE v. FARSONS, a Negro Man. Court of Quarter Sessions of Delaware, Kent County. May, 1794. [*] This case is also reported in Wilson’s Red Book, 21. Indictment for an assault and battery upon Nathan Keach, a white man. Page 360 David Hut, a negro man, was offered as a witness for […]

Bayard’s Notebook, 68 BEAUCHAMP v. HUDSON. Court of Common Pleas of Delaware, Kent County. May, 1794. The plaintiff brought this replevin for goods which he had purchased at a public vendue and which were in possession of the defendant at the time of the sale. The defendant did not claim property upon the execution of […]

Bayard’s Notebook, 199 BURTON’S LESSEE v. PRETYMAN[1] et al.[*] Supreme Court of Delaware, Sussex County. October, 1797. [1] In other reports of this case the name is spelled “Prettyman.” [*] For earlier proceedings in this case, see Bayard’s Notebook, 90; Wilson’s Red Book, 58; id. at 174. At March Term preceding, plaintiff had recovered a […]

Bayard’s Notebook, 223.[*] WHITE v. ROACH. Court of Common Pleas of Delaware, Sussex County. November, 1797. [*] This case is also reported in Wilson’s Red Book, 143. It was ruled in this case that an administrator is bound to account for the proceeds of the sales of the intestate’s property if they exceed the appraisement. […]

Bayard’s Notebook, 170 DARRACH and KENEDY v. LAWRENCE HIGGINS’ EXECUTORS. Court of Common Pleas of Delaware, New Castle County. December, 1796. This was a scire facias brought to November Term, 1792, upon a judgment obtained at February Term, 1784. A scire facias had issued returnable to August Term, 1784, upon which the sheriff had returned, […]

Bayard’s Notebook, 114 BROWN v. HODGSON. Supreme Court of Delaware, Kent County. October, 1795. This case came before the Court upon an appeal from the Orphans’ Court of the county. The case was as follows. William Hodgson, by his will dated 4th April, 1777, devised in these words: “And as touching such worldly goods wherewith […]

Bayard’s Notebook, 224 McCOMB and RICE v. STOCKTON, Garnishee of Skillington. Court of Common Pleas of Delaware, Kent County. December, 1797. Upon nulla bona pleaded, it appeared that £74.17.6 were in the hands of the garnishee, levied by him as Sheriff of New Castle County upon an execution at the suit of Skillington and wife. […]

Bayard’s Notebook, 130 DARRACH v. JAMISON, Garnishee etc. Court of Common Pleas of Delaware, New Castle County. December, 1795. When the plaintiff had gone through his evidence, the defendant offered to demur. The counsel for the plaintiff contended that upon demurrer to parol evidence the opposite party was not obliged to join, and cited 1 […]

Bayard’s Notebook, 139 McCALL’S LESSEE v. DENNY and LOCKERMAN. Court of Common Pleas of Delaware, Kent County. May, 1796. The plaintiff showed a proprietary warrant granted to Hugh Parke for 200 acres of land adjoining John Hausman and others directed to Nicholas Scull, Surveyor General, and by him to William Killen, Deputy Surveyor, dated September […]

Bayard’s Notebook, 202 POLK’S LESSEE v. MINNER. Supreme Court of Delaware, Sussex County. October, 1797. Upon motion to set aside the verdict made on behalf of the defendant, there was proof offered that the jury, after they had gone from the bar, had received evidence which the Court rejected. To repel the proof, the plaintiff’s […]

Bayard’s Notebook, 84 CRIPS v. CRAIG. Supreme Court of Delaware, New Castle County. November, 1794. This was an action of slander, and no special damage stated in the declaration. Upon the plaintiff’s proceeding to prove a special loss and the defendant’s objecting to such proof, it was ruled by the Court that the plaintiff might […]

Bayard’s Notebook, 125 BISHOP v. BISHOP. Supreme Court of Delaware, New Castle County. November, 1795. There was no name given to the close in the declaration and no new assignment. The plaintiff claimed as tenant in dower and gave in evidence the copy of the record of proceedings in the Orphans’ Court under which the […]

Bayard’s Notebook, 242 HUDSON v. GIBBONS. Supreme Court of Delaware, Sussex County. March, 1799. Page 469 The cause of action had been submitted by these parties to arbitration, and Bayard, for the plaintiff, offered to prove by one of the referees what had been given in evidence before them by a witness living in the […]

Bayard’s Notebook, 242 READ, Chief Justice of the Supreme Court. Supreme Court of Delaware. 1776. In the last vacation READ, Chief Justice of the Supreme Court, died and JOHNS, one of the Associate Judges of the Common Pleas, was appointed Chief Justice of the Supreme Court. BASSETT, Chief Justice of the Common Pleas was elected […]

Bayard’s Notebook, 131 TIMONS v. JARVIS et al. Supreme Court of Delaware, Kent County. March, 1796. One Joseph Jarvis was offered as a witness for defendants. Plaintiff’s counsel objected to him on the ground that he was named in the writ which had issued in the cause, though not taken, and that he was also […]

Bayard’s Notebook, 205 CATON’S LESSEE v. HAMILTON et al. Supreme Court of Delaware, Kent County. October, 1797. The plaintiff’s title originated with an indenture of John Rhodes to Andrew Caldwell, dated the 8th May, 1722, acknowledged in open court and recorded. This indenture recited a warrant and survey granted to John Rhodes, the elder, and […]

Bayard’s Notebook, 78.[†] RODNEY v. JONES. Supreme Court of Delaware, Sussex County. October, 1794. [†] This case is also reported in Wilson’s Red Book, 23. This was an action of debt upon a bond, given by the defendant, as marshal of the Court of Admiralty, for the faithful performance of the duties of his office, […]

Bayard’s Notebook, 241.[*] STATE, for the use of BAIL and WIFE, v. McCULLOUGH. Court of Common Pleas of Delaware, New Castle County. December, 1798. [*] This case is also reported in Rodney’s Notes, Dec. 20, 1798. For an account of later proceedings in equity, see counsel’s argument in Robinson v. Perkins a Clapton’s Notebook, 172. […]

Bayard’s Notebook, 112.[*] CONWELL’S LESSEE v. CONWELL. Supreme Court of Delaware, Sussex County. October, 1795. [*] This case is also reported in Wilson’s Red Book, 77. The affidavit of a certain Anthony Haverly, who was dead, was offered in evidence for the purpose of proving that one John Conner died in the year 1706-7. It […]