Articles Tagged: Wilson’s Red Book

Wilson’s Red Book, 230 NATHANIAL HICKMAN v. PEERY PRETTYMAN. Supreme Court of Delaware, Sussex County. March, 1799. Wilson for plaintiff. Ridgely for defendant. Plaintiff had been a constable, had received from defendant accounts against many individuals to collect, to the amount of £35. Defendant proceeded against him under 2 Del. Laws 1051, s. 23, by […]

Wilson’s Red Book, 2 LINGO’S LESSEE v. RIGUA, Jr. Supreme Court of Delaware. July and August, 1792. KILLEN, C. J., JONES and FINNEY, JJ., on three arguments ruled: First, that a demand of lease, entry, and ouster to be confessed after the plaintiff’s title was almost gone through, and the jury was once dismissed and […]

Wilson’s Red Book, 344[*] WILLIAM PUZEY’S LESSEE v. ELI TIMMONS. Court of Common Pleas of Delaware, Sussex County. April 27, 1801. [*] This case is also reported in Rodney’s Notes, April 27, 1801. Vining, Rodney and Wilson for plaintiff. Ridgely, and Bayard for defendant. Plaintiff’s exhibits were a general warrant made by the Recorder of […]

Wilson’s Red Book, 8[*] MARY TRAIN, Administratrix of D. Train, v. GEORGE CONWELL, FISHER CONWELL and ELIAS CONWELL, Executors of Elias Conwell. Supreme Court of Delaware. November, 1793. [*] This case is also reported in Bayard’s Notebook, 4; Miller’s Notebook, 46; Read’s Notebook, 7. Certiorari upon a scire facias upon a judgment “recovered against George […]

Wilson’s Red Book, 170 WILLIAMS v. C. TURNER et al. Supreme Court of Delaware. May 5, 1797. Motion to quash the execution and open the judgment: first, on want of notice before referees; second, because the agreement was not recorded before the referees tried the cause. PER CURIAM. The referees had no authority to act […]

Wilson’s Red Book, 22[*] ZEPHEMIAH POLK’S LESSEE v. EDWARD MINNER and BETTY THORN. Supreme Court of Delaware, Sussex County. October, 1794. [*] This case is also reported in Bayard’s Notebook, 77. Ejectment. Depositions, taken upon a rule for that purpose before the person mentioned in the rule, offered in evidence, upon proof of regular notice […]

Wilson’s Red Book, 2 STATE v. PHILIP HUGHS. Court of Quarter Sessions of Delaware. February 7, 1793. Thomas Marin, the prosecutor offered as a witness. Objected that he might have restitution, that he was interested, and that the practice had been otherwise; and cited Gilb.Evid. 135, 1 Salk. 283, 2 Hawk.P.C. 433, [2] Str. 728, […]

Wilson’s Red Book, 108 ANONYMOUS. Court of Common Pleas of Delaware. April, 1796. Page 94 On going over the docket at the suit Burton’s Lessee v. Robinson (April, 1796), the Court observed that wherever for the future a general defense is taken and no defense is taken particularly on the plot, only title shall be […]

Wilson’s Red Book, 25 ANONYMOUS. Supreme Court of Delaware. October, 1794. While sitting, the Court (upon a doubt of one of the gentlemen at the bar whether a cause was at issue on the docket upon non culpa or suchlike general issue plea without these words “replications and issues”) said (and when going over the […]

Wilson’s Red Book, 305 ABRAHAM HARGIS, qui tam, v. WILLIAM SEBASTIAN. Supreme Court of Delaware. October 20, 1800. Bayard and Harvey for plaintiff. Wilson and Hall for defendant. First count was that he exported from the State of Delaware one negro slave; second, that he sold, with an intention to export, one other negro slave; […]

Wilson’s Red Book, 83 BENJAMIN McILVAIN v. BURTON MORRIS. Court of Common Pleas of Delaware, Sussex County. November, 1795. Evidence that plaintiff shoved defendant, who struck him and cuffed off his hat After five, six or maybe ten minutes, defendant knocked him down. There was much abuse between the strokes, which witness thought the cause […]

Wilson’s Red Book, 3 WILLIAM MATTHEWS v. WOODMAN STOCKLEY. Court of Common Pleas of Delaware. 1793. Page 8 Case. First count that defendant sold plaintiff and gave him his alienation bond for eighty-five [acres] at five dollars per acre, for which plaintiff paid him and received a deed, but there is a deficiency of acres […]

Wilson’s Red Book, 98 STATE v. HENRY SULLIVAN. Court of Quarter Sessions of Delaware. April 2, 1796. [CHIEF JUSTICE] BASSETT’S charge, “I am led to explain the law to you in consequence of questions that have been proposed to the witnesses etc. Whenever two men agree to go and fight, it is no justification.” Verdict […]

Wilson’s Red Book, 40 STATE v. ISAAC ATKINS. Court of Quarter Sessions of Delaware. November, 1794. Page 42 Wilson for defendant instanter (upon plea demanded and tried) moved for a term to go to trial in, and cited 4 Bl.Comm., and urged the inconvenience of being prepared to trial the first term without having considered […]

Wilson’s Red Book, 105[*] FIELD v. THOMPSON, McMAIN, DAVIS, and WARE. Court of Common Pleas of Delaware. April, 1796. [*] This case is also reported in Bayard’s Notebook, 135. Ridgely and Bayard for plaintiff. Miller, Peery, Hall and Wilson for defendants. Defendants offered a receipt in full of all accounts (as a release to a […]

Wilson’s Red Book, 14[*] WHITE’S LESSEE v. WHITE. Supreme Court of Delaware. March, 1794. [*] This case is also reported in Bayard’s Notebook, 57. Guardian of lessor of plaintiff offered as a witness objected to on that ground. READ, C. J. A guardian appointed by the Orphans’ Court may prosecute a suit without a special […]

Wilson’s Red Book, 190 BROWNE’S[1] EXECUTRIX v. JAMES DERICKSON, Executor of Joseph. Supreme Court of Delaware, Sussex County. March 21, 1798. [1] In the body of the report, this name appears as “Brown.” Motion for a nonsuit under 2 Body Laws 110, because plaintiff had not made the probate required of the cause of action. […]

Wilson’s Red Book, 73 ANNANIAS HUDSON v. WILLIAM TOWNSEND. Court of Common Pleas of Delaware, Sussex County. April, 1795. Wilson for the plaintiff. Ridgely for defendant. Plaintiff’s testimony being gone through, Ridgely moved for a nonsuit on the ground that plaintiff was landlord and not in actual possession, insisting that the tenant might recover and […]

Wilson’s Red Book, 80 AARON PEERY’S LESSEE v. JOSEPH BURTON. Supreme Court of Delaware. October 15, 1795. Verdict for defendant and demurrer on a defect of proceedings previous to administrator’s deed. New trial granted because they were found; and tried. Defendant’s [counsel] gave in evidence sheriff’s deed and executions, without the judgment. Plaintiff’s [counsel] cited […]

Wilson’s Red Book, 196 EDWARD POLK v. JOHN WILSON. Court of Common Pleas of Delaware, Sussex County. April, 1798. Ridgely and Wilson for defendant, an Peery and Miller for plaintiff. Plaintiff’s counsel offered a warrant, return, and inquisition of forcible entry and detainer in evidence, and a memorandum, by Joshua Polk, one of the Justices […]