Articles Tagged: Bayard’s Notebook

Bayard’s Notebook, 4.[*] DAVID TRAIN’S ADMINISTRATRIX v. ELIAS CONWELL’S EXECUTORS. Supreme Court of Delaware, Sussex County. November 6, 1793. [*] This case is also reported in Wilson’s Red Book, 8; Miller’s Notebook, 46; Read’s Notebook, 7. The plaintiff brought a scire facias upon a judgment obtained by her intestate in the Court of Common Pleas. […]

Bayard’s Notebook, 193.[*] EVANS’ LESSEE v. SHORT. Court of Common Pleas of Delaware, Sussex County. May, 1797. [*] This case is also reported in Wilson’s Red Book, 158. Page 436 Upon the trial of the cause the plaintiff offered in evidence the certified copy of a patent from the Lord Proprietary of Maryland to Lewis […]

Bayard’s Notebook, 186 COOPER, Assignee, v. LOFTIS. Supreme Court of Delaware, Kent County. March, 1797. In this case it was ruled by the Court that if an executor pay or deliver a sum of money or chattel to a person immediately entitled to the possession, he or his securities were not liable afterwards to any […]

Bayard’s Notebook, 132 TRUSTEES OF THE POOR OF NEW CASTLE COUNTY v. REES ENOCH’S ADMINISTRATOR. Supreme Court of Delaware, New Castle County. April, 1796. Page 392 The declaration in this cause contained five counts: first, for meat, drink, washing and lodging; second, quantum meruit; third, money had and received to the use of the plaintiffs; […]

Bayard’s Notebook, 212 ALSTON’S LESSEE v. NOXON. Supreme Court of Delaware, New Castle County. October, 1797. When this cause was called on before the jury were sworn, Read, counsel for the plaintiff, stated that Robert Armstrong, the surveyor appointed in the warrant to lay down the pretensions of the parties, was sick and unable to […]

Bayard’s Notebook, 175 CLOUD v. DAVIS. Court of Common Pleas of Delaware, New Castle County. February, 1797 (Adjourned). A rule had been obtained in this cause to take the depositions of witnesses generally before any judge or justice of the peace. Upon the return of the depositions it appeared that one of the witnesses lived […]

Bayard’s Notebook, 128.[*] LORD PROPRIETARY OF MARYLAND v. STYER. Court of Common Pleas of Delaware, Sussex County. November, 1795. [*] This case is also reported in Wilson’s Red Book, 88. This was an action on an administration bond given in the State of Maryland. The plea relied on was the Act of Limitation pleaded generally. […]

Bayard’s Notebook, 246.[*] STATE v. HILL et al. Court of Quarter Sessions of Delaware, Sussex County. April 26, 1799. [*] This case is also reported in Wilson’s Red Book, 237; Rodney’s Notes, April 27, 1799. Upon argument the Court held that the Attorney General was entitled to separate costs against each defendant. Bayard for State. […]

Bayard’s Notebook, 196.[*] COMB’S LESSEE v. COMB. Court of Common Pleas of Delaware, Kent County. May 15, 1797. [*] This case is also reported in Rodney’s Notes, May 15, 1797. The lessor of the plaintiff rested his title upon a patent from the State, the land being granted to him as vacant. The defendant showed […]

Bayard’s Notebook, 26.[*] LESSEE OF POLK et al. v. ROSS. Court of Common Pleas of Delaware, Sussex County. November, 1793. [*] This case is also reported in Read’s Notebook, 9; Wilson’s Red Book, 8. Plaintiff replied to defendant’s plea and took issue thereon. Defendant afterwards tendered a certiorari in order to remove the cause to […]

Bayard’s Notebook, 29 STATE v. THOMAS BUTCHER. Court of Quarter Sessions of Delaware. December, 1793. Page 335 There were three indictments against the defendant for assaults and batteries, which by consent were tried at the same time. Defendant being acquitted upon all, Bayard, his counsel, moved to discharge him; to which Vining, in place of […]

Bayard’s Notebook, 233 ROBINSON, Associate Judge of the Supreme Court. High Court of Errors and Appeals of Delaware. August 11, 1798. In the last vacation ROBINSON, Associate Judge of the Supreme Court, resigned and was succeeded by ISAAC COOPER, Esq. Page 463

Bayard’s Notebook, 168 PHILLIS v. EVAN LEWIS. Court of Common Pleas of Delaware, Kent County. November, 1796. Page 418 The petitioner claimed her freedom on the ground that her grandmother, who was imported into this country was a native of Asia. It appeared that her grandmother was an Asiatic, but that she and the mother […]

Bayard’s Notebook, 135.[*] FULD v. THOMPSON et al. Court of Common Pleas of Delaware, Sussex County. April, 1796. [*] This case is also reported in Wilson’s Red Book, 105. Page 394 This was an action of trespass brought for the recovery of damages for seizing the plaintiff’s pilot boat, cutting her sails and rigging etc., […]

Bayard’s Notebook, 73.[*] PEERY’S LESSEE v. BURTON. Supreme Court of Delaware, Sussex County. October, 1794. [*] This case is also reported in Wilson’s Red Book, 25. For later proceedings in this case see Bayard’s Notebook, 89. The plaintiff deduced a title to Joseph Warrington to the lands in question, and showed that upon his death […]

Bayard’s Notebook, 130 TRUSTEE OF LOAN OFFICE v. CALDWELL et al. Court of Common Pleas of Delaware, Kent County. December, 1795. After the plaintiff had gone through his evidence the defendant moved for a nonsuit. The plaintiff’s counsel, discovering that there was no replication and the cause therefore not at issue, moved to discharge the […]

Bayard’s Notebook, 185.[*] STATE v. STANSBOROUCH. Supreme Court of Delaware, Sussex County. March, 1796. [*] This case is also reported in Wilson’s Red Book, 154. This was an indictment for a forcible detainer of a messuage etc., whereof a certain John Sharp at the time of the defendant’s entry was peaceably seised. The evidence of […]

Bayard’s Notebook, 86 STATE v. WILEY. Court of Quarter Sessions of Delaware, New Castle County. December, 1794. Indictment for stopping a public way. The locus in quo had been conveyed to the defendant’s husband, and it did not appear that the defendant who occupied it had notice of the public way or had been required […]

Bayard’s Notebook, 225 MARY LEECH v. PETER LEE’S ADMINISTRATORS. Court of Common Pleas of Delaware, New Castle County. December, 1797. BASSETT, C. J., ruled in this case that money claimed and recoverable only in an action for use and occupation of land could not be considered as rent within the Act of Assembly [1 Del. […]

Bayard’s Notebook, 28 CALDWELL v. BOND’S ADMINISTRATOR. Court of Common Pleas of Delaware, Kent County. December, 1793. This was an action of covenant for rent arrears. Among other pleas, defendant pleaded “discount” to which there was a replication and issue. Upon the trial, the defendant produced his intestate’s books containing a number of charges against […]