Articles Tagged: Bayard’s Notebook

Bayard’s Notebook, 210 RODNEY v. CUMMINS. Supreme Court of Delaware, Kent County. October, 1797. A principal plea relied on was the Act of Limitations. It appeared in evidence that the corn grew on a farm called “Crawford Reece’s Place,” the property of the plaintiff, and had Page 448 been seized and sold in April, 1792, […]

Bayard’s Notebook, 38.[*] LEWIS VANDEGRIFT[1] v. ROBERT HAUGHEY. Court of Common Pleas of Delaware, New Castle County. December, 1793. [*] This case is also reported in Wilson’s Red Book, 17; Read’s Notebook, 21. [1] In the account of this case in Wilson’s Red Book, the name is spelled, “Vandegright.” Page 339 This was an action […]

Bayard’s Notebook, 190 CLAYPOOL’S ADMINISTRATORS, for use of AIKEN, v. McGLENACHAN. Supreme Court of Delaware, New Castle County. April, 1797. The plaintiffs had obtained judgment in the Supreme Court of Pennsylvania in an action of replevin brought for a shallop. The defendant had claimed property and given security, and the judgment was general and for […]

Bayard’s Notebook, 34.[*] STATE v. BENDER. Court of Quarter Sessions of Delaware. December, 1793. [*] This case is also reported in Clayton’s Notebook, 2 Miller’s Notebook, 33; Read’s Notebook, 12; Wilson’s Red Book, 11. The defendant, a white man, was indicted for an assault and battery committed on Phillis Miller, a negro woman. Phillis Miller […]

Bayard’s Notebook, 88.[*] HALLL v. WILTBANK et al. Supreme Court of Delaware, Sussex County. March, 1795. [*] This case is also reported in Wilson’s Red Book, 56. The defendants offered in evidence a paper containing sundry charges, as a book of accounts under the Act of Assembly [1 Del. Laws 328] which was objected to […]

Bayard’s Notebook, 234.[*] WAPLES v. HALL et al. Court of Common Pleas of Delaware, Sussex County. November, 1798. [*] This case is also reported in Wilson’s Red Book, 217, Rodney’s Notes, Nov. 22, 1798. This was trover for 408 bushels of corn, thirteen stacks of fodder, and thirty bushels of potatoes. Burton Waples, the grandfather […]

Bayard’s Notebook, 1.[*] MORRISON v. WEIR. Supreme Court of Delaware, New Castle County. October, 1793. [*] This case is also reported in Miller’s Notebook, S. This was a motion to quash proceedings had before a justice of the peace upon objections to a return made by the justice to certiorari. The first and principal part […]

Bayard’s Notebook, 113 WILSON v. TILTON. Supreme Court of Delaware, Kent County. October, 1795. Page 378 This was an action of trover brought to recover the value of nine final settlement certificates which had been deposited on the 13th December, 1788, in the hands of the defendant and a certain William Motteston. The defendant and […]

Bayard’s Notebook, 244.[*] WAPLES, Surviving Partner of Lingo, v. WAPLES. Supreme Court of Delaware, Sussex County. March, 1799. [*] This case is also reported in Wilson’s Red Book, 227. Waples, the plaintiff, and Lingo had been partners in a blacksmith’s shop at which work had been done for the defendant for which this action was […]

Bayard’s Notebook, 189 ANDERSON’S LESSEE v. BRADLEY. Supreme Court of Delaware, New Castle County. April, 1797. The principal point in this cause was a question of location. Upon the trial, in order to prove location, one Andrew Ker was offered as a witness for plaintiff. He was objected to by the Page 433 counsel for […]

Bayard’s Notebook, 8.[*] COLLINS v. HALL. Supreme Court of Delaware, Sussex County. November 6, 1793. [*] This case is also reported in Miller’s Notebook, 14, an Wilson’s Red Book, 4. A motion was made by the counsel for the defendant to put off this cause upon the ground of the absence of a material witness. […]

Bayard’s Notebook, 165.[†] HOOPER’S LESSEE v. WILLIAMS et al. Court of Common Pleas of Delaware, Sussex County. November 1796. [†] This case is also reported in Wilson’s Red Book, 140, and Rodney’s Notes, Nov., 1796. Page 415 Coram JOHNS and RODNEY, JUSTICES. The Court being divided upon an objection to the competency of a piece […]

Bayard’s Notebook, 229.[*] VANDERGRIFT v. HAUGHEY’S ADMINISTRATOR. Court of Common Pleas of Delaware, New Castle County. May, 1798. [*] This case is also reported in Rodney’s Notes, May, 1708. Bayard moved to set aside the sale of the intestate’s real estate, which had been made upon the execution issued in this case. It appeared that […]

Bayard’s Notebook, 143.[*] SIMPSON and WIFE v. ROBERT HELFORD, Administrator of Thomas Helford.[1] Court of Common Pleas of Delaware, Kent County. July, 1796 (Adjourned). [*] This case is also reported in Clayton’s Notebook, 18. [1] In the account of this case in Clayton’s Notebook the name is spelled “Hillford.” The plaintiff’s wife was one of […]

Bayard’s Notebook, 128.[*] BURTON v. KILLAM. Court of Common Pleas of Delaware, Sussex County. November, 1795. [*] This case is also reported in Wilson’s Red Book, 94. To this action [of] covenant the defendant pleaded non infregit conventionem. Upon the trial Wilson contended that the issue was misjoined and that the plaintiff could not have […]

Bayard’s Notebook, 217 JAMES McKNIGHT v. ENOCH WELSH, Garnishee of William Ellison for Attachment. THOMAS MENDENHALL, Indorsee of William Ellison, v. ENOCH WELSH. Supreme Court of Delaware, New Castle County. October, 1797. Page 452 To this [second] action the defendant pleaded the attachment of McKnight, and, both causes standing on the trial list at the […]

Bayard’s Notebook, 166.[*] STATE v. EMERY.[2] Court of Quarter Sessions of Delaware, Kent County. November, 1796. [*] This case is also reported in Rodney’s Notes, Dec. 1, 1796. [2] In the account of this case in Rodney’s Notes the name is spelled “Emory.” Page 416 Upon the trial Bedwel Maxwell, offered as witness for defendant, […]

Bayard’s Notebook, 98.[*] WRIGHT’S LESSEE v. CANNON. High Court of Errors and Appeals of Delaware. August, 1795. [*] This case is also reported in Wilson’s Red Book, 240; Rodney’s Notes, Aug., 1796. Page 369 Present: KILLEN, Chancellor, READ, Chief Justice of Supreme Court, BASSETT, Chief Justice [of the] Common Pleas (he had not sat in […]

Bayard’s Notebook, 63.[*] EVANS et al. v. BOGGS. Supreme Court of Delaware, New Castle County. April, 1794. [*] This case is also reported in Wilson’s Red Book, 13. In last vacation defendant pleaded three pleas, to wit: (1) non est factum (2) payment (3) discount. In this term, Read moved to strike out either the […]

Bayard’s Notebook, 42 STATE v. WATT’S EXECUTORS. Court of Common Pleas of Delaware, New Castle County. December, 1793. Upon the trial of this cause, a copy of an inventory certified from the Register’s office of one Mary Scully’s effects, for whose Page 341 administrator the defendants’ testator was security in an administration bond, was offered […]