Articles Tagged: Wilson’s Red Book

Wilson’s Red Book, 170.[*] NEHEMIAH FIELD v. ISAAC TURNER. Court of Common Pleas of Delaware, Sussex County. May 3, 1797. [*] This case is also reported in Bayard’s Notebook, 190. Narratio. Assumpsit for £40 for lot plaintiff was to procure to be conveyed to defendant, £20 whereof to be cash, £20 to be secured by […]

Wilson’s Red Book, 213 ENOCK EVANS v. ANNANIAS HUDSON. Court of Common Pleas, Court of Delaware. November, 1798. Page 199 This was a foreign attachment issued on affidavit. The words are: Enock Evans v. Annanias Hudson. Attachment. Debt £7.10.0. Now, to wit, April 24, 1798, the plaintiff made oath in due form of law that […]

Wilson’s Red Book, 28 JOB SMITH, Administrator, v. JAMES NEWBOLD. Supreme Court of Delaware. October, 1794. Notice filed that defendant means to give in evidence a tender on the — day of etc. Plaintiff had gone through his evidence, and defendant was about to prove his tender. Objected by plaintiff’s counsel that a tender of […]

Wilson’s Red Book, 21[*] STATE v. FARSON. Court of Quarter Sessions of Delaware, Dover County. Spring, 1794. [*] This case is also reported in Bayard’s Notebook, 85. Case: The person assaulted was a white man, no other white person present at the time of the assault, but many Negroes. Prosecutor being sworn, defendant’s counsel offered […]

Wilson’s Red Book, 272 STATE v. NEGRO DAVID. Court of Quarter Sessions of Delaware, Sussex County. April, 1800. Wilson for defendant. BOOTH, C. J. (Charge.) Gentlemen of the jury, Negro David stands indicted for having stolen one piece of linen, the property of Thomas Stroud. To convict a person of larceny, the feloniously taking and […]

Wilson’s Red Book, 271 EVANS v. HANCOCK. Supreme Court of Delaware. March, 1800. [Rule to plead.][1] The Court directed the clerk to put no cause down for trial not at issue, unless there is a letter or agreement written and signed by counsel binding himself to plead or to put the cause at issue. [1] […]

Wilson’s Red Book, 180[*] STATE v. NEGRO GEORGE. Court of Quarter Sessions of Delaware, Sussex County. November 21, 1797. [*] This case is also reported in Rodney’s Notes, November 21, 1797. Ridgely, Attorney General, for the State. Wilson, Peery and Vining for defendant, retained by his master. Motion by Wilson after arraignment and pleas etc. […]

Wilson’s Red Book, 88 CRAINOR v. CURTIS MORRIS. Court of Quarter Sessions of Delaware. November, 1795. Petition by apprentice in Quarter Sessions. Indenture signed by the mother and master before JUSTICE HAYS. Objection, that the master is not bound to give the apprentice a trade. Page 80 PER CURIAM. Court cannot do otherwise than discharge […]

Wilson’s Red Book, 96 STATE v. NOBLE WEST. Court of Quarter Sessions of Delaware. April, 1796. Page 85 Indictment found November, 1795, at this term. Non culpa and verdict guilty. Reasons in arrest of judgment. 1. That the Act of Assembly making the matters of fact charged in the indictment a crime, and on which […]

Wilson’s Red Book, 134 STATE v. ABRAM JACOBS. Court of Quarter Sessions of Delaware. November 16, 1796. Attorney General offered to prove the declarations of Elisha Dickerson (who is dead since the finding the indictment) that the hog was his; and said it was the best evidence. If Dickerson was here, he could prove the […]

Wilson’s Red Book, 83 JEHU EVANS v. JOHN EVANS. Court of Common Pleas of Delaware. November, 1795. Page 77 Plaintiff proved the Negro in possession of defendant though not at the place laid in the declaration. He showed his father’s will, wherein the Negro was bequeathed to defendant and two other brothers jointly, one of […]

Wilson’s Red Book, 6[*] THOMAS BURTON’S LESSEE v. WILLIAM PRETTYMAN. Supreme Court of Delaware. November 8, 1793. [*] This case is also reported in Read’s Notebook, 3. Motion for a new struck jury but withdrawn by consent. Bayard said the former Chief Justice said he knew of no rule of practice that was established by […]

Wilson’s Red Book, 183 WILLIAM HOWARD, Minor, v. WOOLSEY ROBINSON. Court of Quarter Sessions of Delaware. November, 1797. Page 165 Petition by an apprentice for a discharge. It was admitted that the indentures had been signed and sealed by the apprentice, his mother, and master in the presence [of] John Warrington, a magistrate, and many […]

Wilson’s Red Book, 39 POLK’S LESSEE v. ROSS. Court of Common Pleas of Delaware. November, 1794. Defendant’s counsel moved for a new struck jury, offering to pay the extraordinary costs of a second striking. PER CURIAM. It is a matter of course to grant the motion, and upon the CHIEF JUSTICE’S saying he was a […]

Wilson’s Red Book, 132 STATE v. JOB SMITH. Court of Quarter Sessions of Delaware. November 17, 1796. Miller and Wilson for defendant. Ridgely for the State. Evidence: That R. Robinson had purchased defendant’s Negro, Lish, at a constable’s vendue at £23; that John Stafford borrowed £23 of B. Cannon and went with defendant’s wife, while […]

Wilson’s Red Book, 166 THOMAS COLLINS and GEORGE RICHARDS v. SAMUEL CARWITHIN and RODERICK LEWIS and MARY, his Wife, Guardian, etc. Court of Common Pleas of Delaware, Sussex County. May 5, 1797. Page 146 Batson and Miller for plaintiffs. Wilson for defendants. Motion to amend the writ by striking out “Roderick Lewis and wife as […]

Wilson’s Red Book, 13[*] EVANS et al. v. BOGGS. Supreme Court of Delaware. 1794. [*] This case is also reported in Bayard’s Notebook, 63. An incomplete report is found in Read’s Notebook, 23. Read moved to strike out either the plea of non est factum or payment, being inconsistent under the Statute of Anne, and […]

Wilson’s Red Book, 5.[†] JAMES NEWBOLD’S LESSEE v. WILLIAM STOCKLEY. Supreme Court of Delaware. November 8, 1793. [†] This case is also reported in Read’s Notebook, 2. Motion by defendant for a new struck jury, which plaintiff’s attorney insisted should be at defendant’s own expense of striking Page 11 which he said had been done […]

Wilson’s Red Book, 168 DUNLAP et al. v. JAMES BROWN. Court of Common Pleas of Delaware, Sussex County. March 6, 1797. Judgment, July 3, 1795, venditioni and lands sold. And motion to set aside an execution and open judgment on proof that defendant, who is since dead, was drunk at the time and had been […]

Wilson’s Red Book, 357 ELSEY SPICER’S LESSEE v. JOHN CONNAWAY. Court of Common Pleas of Delaware. April, 1801. Verdict for plaintiff. Rule to show cause why the verdict should not be set aside and a new trial granted because the verdict was against law, and also because the defendant was entitled to the charge of […]