Articles Tagged: Clayton’s Notebook

Clayton’s Notebook, 44 THOMAS W. ROGERS v. JAMES LOFLAND. Court of Common Pleas of Delaware, Kent County. May, 1815. Assumpsit for money had and received, money laid out and expended, and money lent. Page 530 In this case it was resolved by THE COURT: 1. That case for money had and received lies by the […]

Clayton’s Notebook, 176 LYDIA WATERS v. JONATHAN CRAWFORD. Court of Common Pleas of Delaware. 1814-1818. Appeal from the court of a justice of the peace. Lydia Waters brought a suit before James Schee, Esq., against Crawford. The cause was referred to auditors pursuant to the Act, who returned “no cause of action,” and judgment for […]

Clayton’s Notebook, 32 STATE v. ISAAC MASON. Supreme Court of Delaware, Kent County. October, 1814. The Court in this case charged the jury that “to constitute manslaughter the stroke must be given with an intention of doing the deceased a bodily injury, or at least it must be inflicted with an unreasonable degree of force, […]

Clayton’s Notebook, 77 LEWIS v. THOMAS PURNELL, JR. Supreme Court of Delaware, Kent County. October, 1818. JOHNS, C. J., mentioned a similar case, Clark v. Pennington, in which he said the Court of Common Pleas, New Castle, rejected the evidence. But, on error brought, the point was found unnecessary; plaintiff obtained a verdict on other […]

Clayton’s Notebook, 28 HOOK v. HAUGHEY, Sheriff. Court of Common Pleas of Delaware, New Castle County. May, 1810. Action to recover damages of defendant for taking and carrying away certain goods which he had seized by a writ of replevin at the suit of Ireland. Plaintiff alleged a sale of the goods to him Page […]

Clayton’s Notebook, 43 ANONYMOUS. High Court of Errors and Appeals of Delaware. (Adjourned.) December 3, 1814. This came before the Court on a writ of error to the Supreme Court. At the trial below exceptions were taken by the plaintiff to the opinion of the Court on several points of law. Verdict for the defendant. […]

Clayton’s Notebook, 121 HARPER and HARRINGTON v. ___.[3] Court of Common Pleas of Delaware. c. 1809-1819. [3] Blank in manuscript. Indemnifying bond entered binds land from date of entry though no actual injury until long after. Received opinion here. Ex relatione T. Clayton.

Clayton’s Notebook, 57 STATE, for the Use of OBADIAH SMITH and P. SMITH, Legatees of O. Smith, v. WILLIAM HOPKINS, Administrator of J. Stafford. Court of Common Pleas of Delaware, Sussex County. April, 1818. Scire facias. The writ set forth: a judgment recovered by the State against the defendant, April Term, 1816, for £500, in […]

Clayton’s Notebook, 56 STATE v. JAMES JONES. Court of Common Pleas of Delaware, Sussex County. April, 1818. The Negro was offered as a witness, and Mr. Wells, for the Attorney General, to prove the Negro’s freedom, exhibited a record of the Court of Common Pleas, by which it appeared that he had on filing his […]

Clayton’s Notebook, 182 TILTON v. CONDRIGHT. Supreme Court of Delaware. March, 1814. Condright, by a written lease, rented a farm of Tilton for one year and placed one Slay upon it. Slay remained upon the farm that year and two years after. This action was for the rent of the third, and part of the […]

Clayton’s Notebook, 11.[*] GAVINSTON v. FREEMAN. Supreme Court of Delaware, Kent County. March, 1796. [*] This case is also reported in Wilson’s Red Book, 121, where the plaintiff’s name is spelled “Gravinston.” This case came on for argument on a demurrer to evidence. It was an action of assumpsit by the plaintiff, assignee, vs. defendant, […]

Clayton’s Notebook, 75.[*] WARNER et al. v. P. ALLEE, Administrator of Jonathan Allee, and GEORGE P. DAINS. Court of Chancery of Delaware, Kent County. August, 1818. [*] This case is also reported in Ridgely’s Notebook II, 228, which account is found at 1 Del. Ch. 49. Jonathan Allee and G. P. Dains were in partnership, […]

Clayton’s Notebook, 118 STARR AND COMPANY v. FISHER and SHOCKLEY. Court of Common Pleas of Delaware. November, 1818. The plaintiff sued out execution against Lewis and Purden, which was returned “stayed by order of plaintiff.” After this the defendants trusted Lewis and Purden and sued out a fieri facias. The plaintiffs then obtained a venditioni […]

Clayton’s Notebook, 56 THOMAS ATTIX v. CHELSIAS GREENFIELD. Supreme Court of Delaware, Kent County. October, 1815. Certioraries had issued in this and seven other cases to John Wilds, a justice of the peace, directing him to send up the records of his proceedings in the cases. Wilds died without having made any return. JOHNS, C. […]

Clayton’s Notebook, 61 ALSTON v. WHITE. High Court of Errors and Appeals of Delaware. June, 1818. Semble. Alston had demised land, to one Read for one year from March to March, rendering a rent of two hundred bushels of corn in May, after the expiration of the lease. In January preceding, all the corn raised […]

Clayton’s Notebook, 119 BURROWS v. TRUITT. Court of Common Pleas of Delaware, Kent County. November, 1818. One Burrows, a negro child living at the time with his father and mother, was bound by the latter to one Hazzard. The indenture was executed by Hazzard and the mother, and not by the child, or in the […]

Clayton’s Notebook, 184 MOORE, Executrix of Moore, v. CORSE. High Court of Errors and Appeals of Delaware. August, 1814. Page 641 Appeal from the Court of Chancery. The complainant below alleged that she had, under a misapprehension of the extent of the debts due from the testator’s estate and supposing them far less considerable than […]

Clayton’s Notebook, 24 JONAS DAWSON’S CASE. Court of Common Pleas of Delaware, Kent County. December, 1797. Dawson prayed by his petition to be discharged under the insolvent law, but, upon being interrogated, it appeared that he had, to the great injury of his creditors, made a voluntary sacrifice of £375 (by releasing so much), which […]

Clayton’s Notebook, 124 JOSEPH HARPER and BENJAMIN VANWINKLE v. ELIZABETH FAULKNER et al. Supreme Court of Delaware. March 25, 1813. Thomas Rothwell, a witness for defendant, was asked whether in his opinion the testator was of sound disposing mind, memory and understanding. Question objected to, and the Court decided that the question could not be […]

Clayton’s Notebook, 47 ALEXANDER MURRAY v. ALLEN McLANE. Circuit Court of the United States of Delaware, New Castle County. June, 1815. Page 535 Case. The declaration contained two counts: first, for maliciously holding the defendant to special bail and procuring his imprisonment under color of legal process without probable cause of action; and second, for […]