Articles Tagged: Clayton’s Notebook

Clayton’s Notebook, 45 THOMAS LOWBER’S ADMINISTRATOR v. WILLIAM RUSSOM. Court of Common Pleas of Delaware, Kent County. May, 1815. In this case it was resolved by THE COURT: 1. That it is no part of the duty of a recorder to record a warrant of attorney relating to personal estate; and that although that officer […]

Clayton’s Notebook, 75 PATTERSON v. BLACKISTON. Supreme Court of Delaware, Kent County. October, 1818. Blackiston was a justice of the peace in whose office Patterson made use of some expressions which the Justice construed to be contemptuous. Nothing was done by the Justice at the instant, but after Patterson had gone away, a warrant was […]

Clayton’s Notebook, 19 MILLECHOP’S CASE. Court of Common Pleas of Delaware, Sussex County. April, 1797. In this case it was resolved that if the assignment of a bond is expressed to be for value received, the assignor in an action against him is estopped to show he actually received less than the amount of the […]

Clayton’s Notebook, 2.[*] STATE v. VALENTINE BENDER. Court of Quarter Sessions of Delaware, Kent County. December, 1793. [*] This case is also reported in Bayard’s Notebook, 34; Bead’s Notebook, 12; Miller’s Notebook, 33; Wilson’s Red Book, 11. Page 479 The defendant, a white man, was indicted for an assault and battery committed on Phillis Miller, […]

Clayton’s Notebook, 184 SUMMERL’S ADMINISTRATORS v. DAUPHIN’S ADMINISTRATORS. High Court of Errors and Appeals of Delaware. August, 1814. Page 642 Rodney, arguendo, cited the case of Rodney v. Cummins, tempore Chief Justice Read, in which the defendant pleaded the Act of Limitations. Cummins on the day of the trial made some admissions respecting the debt […]

Clayton’s Notebook, 123 SHORT v. MILLECHOP. Court of Quarter Sessions of Delaware, Kent County. May, 1819. Appeal from a justice of the peace. Principles: By 1 Del. Laws 91, s. 6, the Justices of the Orphans’ Court have full power at the instance and request of Page 619 their executors, administrators, guardians or tutors to […]

Clayton’s Notebook, 121 BENEDIC ANDERSON v. HADDEN SMITH. Court of Common Pleas of Delaware, Kent County. December, 1809. Goods are bound from the delivery of the writ to the sheriff. But in case of a fair, open and public sale made in good faith and for a valuable consideration before the execution executed, such sale […]

Clayton’s Notebook, 32 SAMUEL L. CLAYTON v. JOHN WILLIAMS. Supreme Court of Delaware, Kent County. October, 1814. See contra, post 38. Debt, suggesting a devastavit. The plaintiff, in the year [__],[2] instituted a suit against the defendant as administrator of Reynear Williams, deceased, in which case no declaration was filed. But there was a docket […]

Clayton’s Notebook, 29 ISSAC DAVIS, Esquire, was appointed an additional Associate Justice of the Supreme Court. Court of Common Pleas of Delaware. 1813. In the vacation following the Fall Terms, 1813, ISAAC DAVIS, Esquire, was appointed an additional Associate Justice of the Supreme Court and JOHN WAY, Esquire, an additional associate justice of the Court […]

Clayton’s Notebook, 142 MRS. SHOCKLEY’S CASE. Orphans’ Court of Delaware. 1821. I petitioned for her dower in the lands of John Ralston, deceased. He died in 1803, leaving in his will her, as his executrix, and his son, James B. Ralston, executor. They both gave bond and took letters testamentary, but James alone acted; i.e., […]

Clayton’s Notebook, 60 SIMPSON v. SIMPSON’S EXECUTOR. Court of Common Pleas of Delaware, Kent County. May, 1818. It was ruled in this case: 1. That a probate of an account against the estate of a deceased person need not be signed by the creditor making it. 2. That where there has been a settlement and […]

Clayton’s Notebook, 22.[*] JOY and JOY v. MARSHALL. Court of Common Pleas of Delaware, Kent County. May, 1797. [*] This case is also reported in Bayard’s Notebook, 198; Rodney’s Notes, May 13, 1797. Action for £162, price of wheat bought by defendant. Miller, for defendant, offered W. Marshall, defendant’s father, to prove himself the principal. […]

Clayton’s Notebook, 169 PETER WILSON v. ELIJAH OLDFIELD. Court of Common Pleas of Delaware, Kent County. May, 1818. This case was an appeal from the judgment of a justice of the peace rendered under the Act of Assembly of January 24, 1810, c. 110 (4 Del. Laws 310), and at a trial in this Court […]

Clayton’s Notebook, 38 MIFFLIN et al. v. BERRY and HOWELL, Administrators of Howell. Court of Common Pleas of Delaware. December 3, 1814. Amicable action. Judgment on the report of the referees, for the plaintiff. The Court some days ago granted a rule to show cause why the judgment in this cause should not be so […]

Clayton’s Notebook, 52 VOSHILL v. MANLOVE. Supreme Court of Delaware, Kent County. October, 1815. In this case, which was assumpsit for selling an unsound horse, it was laid down and admitted by the bar and bench, that if unsound property be sold for a sound price, and the vendor knew of the unsoundness, the difference […]

Clayton’s Notebook, 6 STATE v. WOODDELL et al. Court of Quarter Sessions of Delaware, Kent County. December, 1797. Indictment for assault and battery and false imprisonment of Negro Isaac. Ridgely, Attorney General, produced Margaret, a free Negro and grandmother of Isaac, as a witness. Miller, for the defendants, objected because neither her person nor her […]

Clayton’s Notebook, 29 GOODTITLE, on the demise of BUTLER v. GREENAGE. Court of Common Pleas of Delaware, Kent County. November, 1813. Ejectment. Jane Butler, the plaintiff, was heir at law to her brother Nathaniel Butler, who died 1784, seised in fee of the premises in question, leaving a wife but no children. The widow entered […]

Clayton’s Notebook, 44 ANONYMOUS. Court of Common Pleas of Delaware, Kent County. May, 1815. On motion of Mr. Clayton, the Court granted a rule that the plaintiff who resided out of the state, should, before next term, give security for the payment of the costs in case judgment should go against him, or non prosequitur.

Clayton’s Notebook, 181 BUCKMASTER v. SMACK. Supreme Court of Delaware. March, 1814. Rule to show cause why a judgment entered on a bond with a warrant of attorney to confess judgment should not be set aside. On a settlement between the parties the bond in question was given by defendant for the balance appearing to […]

Clayton’s Notebook, 1.[*] CALDWELL v. HODGSON’S ADMINISTRATOR. Supreme Court of Delaware, Kent County. October, 1793. [*] This case is also reported in Miller’s Notebook, 10. This case came before the Court on the return of the proceedings of a justice of the peace to a certiorari. Miller for Caldwell, the appellant, on a suggestion filed […]