Articles Tagged: Clayton’s Notebook

Clayton’s Notebook, 68.[*] ISAAC WALKER v. STATE, for the Use of ELIZABETH HUDSON. High Court of Errors and Appeals of Delaware. June 13, 1818. [*] This case is also reported in Ridgely’s Notebook II, 138. Page 562 Debt on testamentary bond against Walker, who was the surety of Rebecca Appleton, executrix of Thomas Appleton. Judgment […]

Clayton’s Notebook, 81 SAMUELL THOMAS and MYERS FISHER v. COE GORDON’S ADMINISTRATOR. Supreme Court of Delaware. March, 1817. Present, JOHNS and DAVIS. Action [of] assumpsit brought September 12, 1810. The question in this case was whether the will of Coe Gordon prevented the operation of the Statute of Limitations. Will of Coe Gordon dated November […]

Clayton’s Notebook, 57 MILLSBOROUGH FURNACE COMPANY v. FINCH. Court of Common Pleas of Delaware, Sussex County. April, 1818. On a rule to show cause why the defendant should not be discharged on filing common bail, an affidavit was filed by plaintiffs stating a breach of a covenant entered into by defendant to furnish the plaintiffs’ […]

Clayton’s Notebook, 19 REYNOLDS v. ANDERSON. Court of Common Pleas of Delaware, Sussex County. April, 1797. Page 497 Reynolds purchased the land of the defendant at sheriff’s sale. Defendant continued in possession after the sale and refused to pay rent. The plaintiff brought assumpsit for use and occupation and by the judgment of the Court […]

Clayton’s Notebook, 30 DURBOROUGH v. RINGGOLD, Executrix of Ringgold. Court of Chancery of Delaware, Kent County. August, 1814. Bill for an injunction to stay proceedings at common law on a bond which had been given by complainant to the defendant’s testator in his lifetime. The defendant, in her answer, admitted that the testator, her husband, […]

Clayton’s Notebook, 31 NATHANIEL PLEASANTON v. ROBERT BELL et al. Supreme Court of Delaware, Kent County. October, 1814. Page 512 Appeal from the Orphans’ Court. Pursuant to an order of the Orphans’ Court, the real estate of Deborah Lewis, deceased, was in the lifetime of her husband, Stephen Lewis, who was tenant by the curtesy, […]

Clayton’s Notebook, 59 STATE v. JOHN JOHNS. Court of Common Pleas of Delaware, Kent County. May, 1818. This was an indictment for a misdemeanor in receiving stolen goods from certain persons unknown to the grand inquest. Hall, for the prisoner, contended that the 14th section of c. 22a, 1 Del. Laws 70, would not support […]

Clayton’s Notebook, 50 CATHERINE MALLON v. JOHN OWENS and MARY, his Wife. Supreme Court of Delaware, Kent County. October, 1815. Mary, the defendant, then Mary James, an infant under the age of twenty-one years, was placed by her guardian in the boarding school of the plaintiff with directions to let her have whatever wearing apparel […]

Clayton’s Notebook, 37 JAMES CLAYTON v. SOLOMON BANKS, Negro. Court of Common Pleas of Delaware. December 3, 1814. Plaintiff deduced his title to this Negro from, first, Register, second, assigned to Ford, third, himself, and in his petition prayed Page 521 that as the Negro had run away and stayed until his term of service […]

Clayton’s Notebook, 121 ROBINSON v. SHANKLAND. Court of Common Pleas of Delaware, Sussex County. April 7, 1819. Resolved, where suit was brought by husband of an heiress, he was barred by Act of Limitations after six years, though feme within three years after coverture determined might sue for same cause Contra, Lofland v. Jackson, Supreme […]

Clayton’s Notebook, 28 TOWNSEND v. DOUGLAS et al. Court of Common Pleas of Delaware, Kent County. November, 1813. Debt on bill under seal. “We do promise and oblige ourselves,” etc., “to pay into J. Townsend,” etc., “one hundred dollars each,” and signed and sealed by the three defendants; declaration concluding in the words of the […]

Clayton’s Notebook, 26 SAMUEL NILES v. PATRICK McCONAUGHEY. Supreme Court of Delaware, New Castle County. November, 1805. It was in this case determined that the charge of a cash item on a book of original entries regularly and fairly kept cannot be recovered where the only evidence to support the action is the book supported […]

Clayton’s Notebook, 103 McDERMOT’S LESSEE v. DOUGAL et al. High Court of Errors and Appeals of Delaware. June, 1819. The brother of the lessor of the plaintiff was born in Ireland and came to this country prior to the Declaration of Independence in 1776. He remained in the United States until after the treaty of […]

Clayton’s Notebook, 24.[*] CHAMBERS v. SMACK. Supreme Court of Delaware, Kent County. March, 1800. [*] This case is also reported in Wilson’s Red Book, 282. This was an action on a note, vulgarly called a wheat note, given by the defendant to plaintiff for forty-six bushels of wheat, November 27, 1794. The defendant pleaded payment […]

Clayton’s Notebook, 183 DANIEL ROGER’S EXECUTORS v. DAVID WILLIAMS’ ADMINISTRATRIX. High Court of Errors and Appeals of Delaware. August, 1814. The question was, whether the death of Williams’ administratrix could be suggested, and the administrator de bonis non of Williams be made a party. PER CURIAM. There is no difference in this respect between a […]

Clayton’s Notebook, 138 STATE for the use of JEREMIAH LEWDEN and JAMES BALL v. PETER JAQUETT. Supreme Court of Delaware. 1813. [The report of this case is incomplete, and for that reason it has not been printed. Clayton’s Notebook, 138-141.]

Clayton’s Notebook, 184 ANONYMOUS. High Court of Errors and Appeals of Delaware. August, 1814. PER CURIAM. In alleging diminution, the particulars wherein the record sent up is defective must be specially set forth. Clayton’s Notebook, 185. MEMORANDUM. I was admitted October Term, 1818, aetat. 22, 3 months. Page 643 [NOTES ON THE BENCH AND BAR] […]

Clayton’s Notebook, 36 EDMONDSON, Executor of Dolby v. JACKSON. Court of Common Pleas of Delaware. December 3, 1814. This case came before the court on a rule to show cause why a sale by the sheriff under a fieri facias of an estate for life of the defendant’s in certain lands should not be set […]

Clayton’s Notebook, 31 STATE v. MINGO MILLER. Supreme Court of Delaware, Kent County. October, 1814. In this case a child about nine years old, who knew not the nature and obligation of an oath, was not admitted to testify. For, 1 Hale P.C. 634, (examined by court without oath); contra, Brazier’s Case, Bull.N.P. 293, Esp.N.P. […]

Clayton’s Notebook, 122 STATE v. JACOB ROBERTS. Court of Quarter Sessions of Delaware, Kent County. May, 1819. Page 618 The defendant’s counsel, Thomas Clayton and J. M. Clayton, insisted that as the indictment laid the felony to have been committed on December 10th, and the loss of part of the property had been proved on […]