Articles Tagged: Clayton’s Notebook

Clayton’s Notebook, 17.[*] POPE v. JONES, Executor of Jones. Court of Common Pleas of Delaware, Kent County. July, 1796. [*] This case is also reported in Bayard’s Notebook, 142. This was an action on the case on an open account, After the plaintiff had rested his case, it appeared that the account from the last […]

Clayton’s Notebook, 177 STATE, for the Use of POLK and GRAHAM, v. WILDS. Court of Common Pleas of Delaware. May, 1818. Debt on administration bond given in the year 1800. N. Wilds made a nuncupative will in the year 1800 and died, and proceedings being had in Chancery in relation to the will, it was […]

Clayton’s Notebook, 33 CHELSIAS GREENFIELD v. WILLIAM NOTTS. Supreme Court of Delaware, Kent County. October, 1814. This was a certiorari to two Justices of the Peace (James Londen and Benjamin Blackiston) to send up the record of their proceedings in a case of holding over by William Notts, landlord, against Chelsias Greenfield. In March Term, […]

Clayton’s Notebook, 19 COLLINS et al. v. TOWNSEND. Court of Common Pleas of Delaware, Sussex County. April, 1797. In this case the Court, on motion of Miller, for the plaintiffs, permitted the writ and declaration to be amended by striking out the names of two of the plaintiffs, on payment of the costs of the […]

Clayton’s Notebook, 181 ROTHWELL v. THOMAS McDOWELL. Supreme Court of Delaware. March, 1814. Page 636 Assumpsit. One James McDowell, brother of the defendant, was committed to jail on a capias ad satisfaciendum at the suit or plaintiff and defendant for $317.00. James McDowell, being very ill in prison, was, by order of Thomas McDowell, and […]

Clayton’s Notebook, 79 CROCKET v. LEWIS’ ADMINISTRATOR. Supreme Court of Delaware, Kent County. October, 1818. This cause, and another in which the administrator of Jesse Ford was defendant, came before the Court on cases stated, the substance of which was that Sarah Crocket took out letters of administration on the estate of Jonathan Crocket, deceased, […]

Clayton’s Notebook, 43 READ v. SIPPLE. Court of Common Pleas of Delaware. December 3, 1814. Replevin. Writ returnable to November Term, 1813, and judgment against the defendant the same term for want of an appearance. Clayton today moved to make absolute a rule nisi for setting aside the judgment, which had been obtained upon an […]

Clayton’s Notebook, 57 STATE v. RIGGIN. Court of Common Pleas of Delaware, Sussex County. April, 1818. Indictment for an assault and battery with an intent to kidnap a free Negro. To establish the freedom of the Negro, the Attorney General offered in evidence a book from the Recorder’s office, containing a copy of a manumission […]

Clayton’s Notebook, 121 [ANONYMOUS.] Supreme Court of Delaware, New Castle County. 1819. Query. Case of accommodation note. Bank takes judgment bond of drawer without notice to indorser, with stay of execution for six months. Indorser discharged? Semble, yes. See my Esp.N.P. assumpsit Curia advisare vult. Same term [March, 1819]. Page 616

Clayton’s Notebook, 19 COLLINS et al. v. TOWNSEND. Court of Common Pleas of Delaware, Sussex County. April, 1797. In this case the Court, on motion of Miller, for the plaintiffs, permitted the writ and declaration to be amended by striking out the names of two of the plaintiffs, on payment of the costs of the […]

Clayton’s Notebook, 181 ROTHWELL v. THOMAS McDOWELL. Supreme Court of Delaware. March, 1814. Page 636 Assumpsit. One James McDowell, brother of the defendant, was committed to jail on a capias ad satisfaciendum at the suit or plaintiff and defendant for $317.00. James McDowell, being very ill in prison, was, by order of Thomas McDowell, and […]

Clayton’s Notebook, 79 CROCKET v. LEWIS’ ADMINISTRATOR. Supreme Court of Delaware, Kent County. October, 1818. This cause, and another in which the administrator of Jesse Ford was defendant, came before the Court on cases stated, the substance of which was that Sarah Crocket took out letters of administration on the estate of Jonathan Crocket, deceased, […]

Clayton’s Notebook, 43 READ v. SIPPLE. Court of Common Pleas of Delaware. December 3, 1814. Replevin. Writ returnable to November Term, 1813, and judgment against the defendant the same term for want of an appearance. Clayton today moved to make absolute a rule nisi for setting aside the judgment, which had been obtained upon an […]

Clayton’s Notebook, 57 STATE v. RIGGIN. Court of Common Pleas of Delaware, Sussex County. April, 1818. Indictment for an assault and battery with an intent to kidnap a free Negro. To establish the freedom of the Negro, the Attorney General offered in evidence a book from the Recorder’s office, containing a copy of a manumission […]

Clayton’s Notebook, 121 [ANONYMOUS.] Supreme Court of Delaware, New Castle County. 1819. Query. Case of accommodation note. Bank takes judgment bond of drawer without notice to indorser, with stay of execution for six months. Indorser discharged? Semble, yes. See my Esp.N.P. assumpsit Curia advisare vult. Same term [March, 1819]. Page 616

Clayton’s Notebook, 10 KENNOHAN and WIFE v. COOKE. Orphans’ Court of Delaware, Kent County. May, 1795. This was an appeal from the Register of Kent County on an administration which he had committed to Robert Cooke on the estate of Michael Cooke, deceased, who left his father, John Cooke, his brother, Robert Cooke, the respondent […]

Clayton’s Notebook, 156 JAMES KIMMEY v. JOHN MILLAWAY. Supreme Court of Delaware. March, 1825. Appeal from Gideon Cullew, Justice of the Peace. This case was brought up on an appeal from the decision of a justice of the peace. Upon trial at bar, it appeared that the appellant had damage warranted the respondent before a […]

Clayton’s Notebook, 117 JAMES SCHEE v. JOHN REED, late Sheriff. Court of Common Pleas of Delaware, Kent County. November, 1818. This was a question on the construction of the Act of Assembly, February 2, 1793, 2 Del. Laws 1071, to secure and protect the real estates of persons deceased against improper sales. The Act [of] […]

Clayton’s Notebook, 45.[*] RALSTON v. GREEN. Court of Common Pleas of Delaware, Kent County. May, 1815. [*] This account of this case is repeated infra, Clayton’s Notebook, 176. The sheriff is not obliged to sell land in lots, although requested by the defendant to do so.

Clayton’s Notebook, 26.[*] DAVID NIVIN, Defendant below, v. STATE, for the use of FIELD, WARDEN, and BACON. Court of Errors and Appeals of Delaware. August, 1811. [*] This case is also reported in Ridgely’s Notebook I, 10. Error from ___.[1] This was a suit on the recognizance of Maxwell Binns, late sheriff of New Castle […]