identical goods distrained are found in the
hands of the tenant, undisposed of, and un-
incumbered, they may be taken on a retorno
habendo. Woglam v. Cowperthwaite, *68–9;
Frey v. Lieper.....
.*131
2. The usage in Pennsylvania has been, to
impound & distress on the premises, though
the act of assembly omits that provision,
which is contained in the statute of 11 Geo.
I., c. 19; but quere? whether the usage is an
adoption of the statute. Woglam v. Cowper-
thwaite.....
...*69-70
8. The distrainor may leave the distress on the
premises, for the five days mentioned in the
act; and they cannot be appraised, until those
days have elapsed.....
..Id.
4. What is a reasonable time for pursuing and
appraising goods taken in distress, and re-
moved by the tenant, before the five days
have expired......
...Id.
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2. Under what circumstances of delay, the
court will refuse to dissolve an injunction. Id.
3. A bill in equity amended, after plea of the
statute of limitations, so as to state that
the frauds charged came to the complainant's
knowledge, within six years. Wharton v.
Lowrey.
.*364-5
4. Injunction issued by the supreme court, at
the instance of Georgia, to stay money in the
hands of the marshal, levied or to be levied on
a judgment obtained by a British creditor, for
a debt which the state had sequestered during
the war. Georgia v. Brailsford.......*402
5. The same injunction continued.....Id. *415
1. On a capture and libel as prize, the onus pro-
bandi lies on the captors-what evidence the
law of nations admits. The Resolution.*22-3
2. In mercantile disputes, the plaintiff's instruc-
tions to his master may be given in evi-
dence. McClenachan v. McCarty......*51
3. Evidence admitted, to prove that a legacy
bequeathed to Samuel, was intended for
William, though there were persons of both
names. Powell v. Biddle...
.*70-2
4. The judgment of a justice of the peace,
given merely on the attestation of the party
interested, cannot be sustained. Sharpe
v. Thatcher ......
*78-8
5. When parol testimony will be admitted, to
explain the meaning of a will. Powell v.
Biddle, *70: Stackhouse v. Stackhouse..*80
6. The office-copy of a survey, without seal
given in evidence. Martin v. Shute....*86
7. When the confession of the party may be
given in evidence, on a trial for high trea-
son. Respublica v. McCarty..........*81
8. What declarations of the parties may be
given in evidence, on the trial of eject-
Andrew v. Fleming....
...*98
9. What is sufficient evidence of signing, seal-
ing and delivering a deed, to be left to the
jury. Lesher v. Levan.................*96
10. The plaintiff is a good witness, to prove the
death of a subscribing witness to a deed, in
order to let in evidence of the handwriting.
Douglass v. Sanderson...........
*116-18
11. What evidence is admissible, in cases of
pedigree.
....Id.
12. Proof that evidence now offered (1791) was
not given on a former trial for the same cause
in 1755, refused, as too dangerous, after such
a lapse of time. Leach v. Armitage....*125
13. Evidence, that a bond payable in
rent money of Pennsylvania," was intended
to be paid in specie, rejected. Bond v
Haas.....
#133-4
14. What is a good, or a defective, execution and
return of a commission to examine witnesses
abroad. Jones v. Ross, *143-4; Stewart v.
Ross.....
*157
15. When evidence dehors may be given, to
show that when a bond was executed, it was
agreed, that it should be void on a particular
3. A vested remainder in tail may be taken in
execution and sold by the sheriff......*223
4. The sheriff cannot pay money, levied upon
an execution to the nominal plaintiff, after
notice indorsed on the writ, for whose use the
action is prosecuted. Zantzinger v. Old. *265
See ATTORNEY-GENERAL: INFORMATION.
contingency. Field v. Oxley...... ..*171 See ACTION: ATTACHMENT: PRACTICE: WILL
16. Evidence admitted, that at the time of
entering into a covenant for the payment of
money, it was agreed, the instalments should
be paid in whatever money was current at
the time they became due. McMinn v.
Owen......
*173
17. Evidence admitted, to show the person
meant by an award, in which a blank was
left for the name. Lynn v. Risberg...*180
18. The copy of a bill of lading is not evidence,
to prove the date of the original.
Roach......
19. Evidence admitted, that a receipt for con-
tinental money was given under a verbal
agreement, that the value should afterwards
be adjusted. Pleasants v. Pemberton, *196-7
20. Under what circumstances, books or copies
of entries in original books, sworn to be
truly transcribed, cannot be evidence. Penn
v. Hartman....
*230-1
21. Evidence admitted, to show, whether the
deceased, by cancelling a subsequent will,
meant to revive the former, or to die intes-
tate. Boudinot v. Bradford....... .*266-8
22. What evidence is sufficient, to maintain an
action on a stock contract. Livingston v.
Swanwick...
23. On a trial for high treason, a copy of a
letter was rejected, unless it could be proved
to be one of the copies circulated during the
insurrection. United States v. Mitchell, *357
24. An act committed with a felonious inten-
tion (for which another indictment was
depending) cannot be given in evidence, on a
trial for high treason.....
...Id.
25. The date of a letter is proof of the place
where it was written and published, on an
indictment. United States v. Worrall. .*383
26. What is sufficient proof of a corrupt offer to
bribe a public officer.....
See COMMISSION: WITNESS.
1. An estate for life, taken in execution, may
be sold, without holding an inquest on its
value. Howell v. Woolfert..........*75–7
2. Lands may be taken in execution on a fi. fa.
directing the sheriff to levy on the goods
and chattels, &c. Andrew v. Fleming. *93
1. The amount of the plaintiff's claim, laid in
the declaration, and not the finding of a jury,
or referecs, is the rule to ascertain the
jurisdiction of the circuit court. Hulsecamp
v. Teel, *358-9; Wilson v. Daniel.....*360
2. The district court has exclusive cognisance
of informations and suits for forfeitures.
The Cassius.......
*365-9
3. A conveyance of lands, made, without con-
sideration, to the lessor of the plaintiff in eject-
ment, for the mere purpose of bringing the
suit in the circuit court, will not be admitted
as a sufficient foundation for the jurisdiction.
Maxwell v. Levy......
*381
4. Whether the federal courts have jurisdic-
tion, in cases of indictment for crimes and
offences at the common law, quere? United
States v. Worrall.........
5. The writing and delivering a letter, at the
post-office in Pennsylvania, though the party
to whom it is directed, receives it in New
Jersey, is sufficient to give jurisdiction to the
circuit court for the district of Pennsylvania,
in the case of an indictment founded on the
letter.....
.. Id. * 388
6. A foreign attachment will not lie in the
circuit court. Hollingsworth v. Adams, *396
7. Judges of the supreme court appoint.
ed
.*399, 400, 402
8. Seals of the supreme court, and circuit
courts of the United States established..*399
9. Rules respecting the admission of counsellors
and attorneys in the supreme court. *899-400
10. All process of the supreme court shall be
in the name of the President of the United
States......
*400
11. Writs of error to remove causes into the
supreme court can only issue from the
clerk's office of that court.
Barnes..
12. Whether a state can be admitted to defend
or assert a claim in the circuit court, in a suit
depending between two individuals. Georgia
v. Brailsford...
*402-415
18. Whether the attorney-general is entitled to
move ex officio, for a mandamus to the
circuit court. Hayburn's Case......
.......*409
14. Reasons assigned by the judges for refusing
to execute certain parts of the act of con-
gress for the relief of invalid pension-
.*410 in note.
18. Rulo relative to the practice of the supreme
.*411
1. The appointment of the clerk of the mayor's
court belongs constitutionally to the governor.
Johns v. Nichols......
*184-8
HOMINE REPLEGIANDO.
See MASTER AND SERVANT.
HOUSE OF EMPLOYMENT.
See POOR.
1. Proceedings against a huckster, under a by-
law of the corporation of Philadelphia,
quere, how far legal? De Willer V.
1. Under what circumstances, a feme covert
may give away her real estate, by will, or any
instrument in nature of will. Barnes v.
Irwin.....
*199-204
2. Whether a husband, who marries a woman
in debt on bond, is liable to pay the debt,
after her death, he having obtained considera-
ble property by the marriage. Beach v.
Lee.
*257
1. What constitutes an illegal outfit of a pri
vateer, in an American port.
v. Guinet.......
1. Omission of the technical epithets in an in-
dictment for murder, is fatal. Respublica v.
Honeyman...
.*228
2 The circuit court has cognisance of indict-
ments for offences committed by consuls.
United States v. Ravara...
...*297
8. Sending menacing letters, with a view to
extort money, is, indictable at common
law....
..Id. 299 n.
4. Proceedings on indictments for high treason.
United States v. Insurgents
.......*325-42
See PRACTICE: TREASON.
1. Informations filed on the relation of a private
prosecutor, are not to be drawn and prosecuted
ex officio, by the attorney-general, though his
name must be used pro formá. Respublica
v. Griffiths..
*112
1. What constitutes an inhabitant of a place.
Respublica v. Steele....
..*92-8
INSOLVENT DEBTOR.
See BANKRUPT: DEFALCATION.
1. What departure from the course of the
voyage, shall be deemed a deviation or bar-
ratry in the master. Hood v. Nesbit...*137
2. The master's protest of a loss, must be made
at the first port where it is practicable. Boyce
v. Moore....
.*196
8. What constitutes an abandonment; when it
must be made, and under what circumstances
the assured may, or may not, recover as a
total loss. Fuller v. McCall, *219; Camber-
ling v. McCall. . . . .
.*280
4. What is concealment, to vacate a policy.
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1. Where usurious interest is included in any
note, &c., the whole amount cannot be re-
covered; but the plaintiff is intitled to a
verdict for the just principal and lawful
interest. Wycoff v. Longhead........*92
2. A man who takes usurious interest, incurs a
forfeiture; but in an action for the loan, the
defendant is not entitled to a verdict......Id.
3. Any security for the payment of money may
be purchased at any rate, without incurring
the penalties of usury.
.....Id.
4. The state is liable to pay interest, as well as
individuals. Respublica v. Mitchell....*101
5. A British subject is not entitled to recover
interest on a debt, during the war. Hoare
v. Allen, *102-4; Foxeraft v. Nagle...*133
6. When a trustee shall be liable to pay interest.
Knight v. Reese..
*182
7. When interest shall be allowed upon a book
account. Knox v. Jones..
.*193
8. The jury may give interest, by way of dam-
ages, beyond the penalty of a bond for the
performance of a contract. Petit v Wal-
lace.
*252-6
9. Where judgments are affirmed upon writs of
error, the execution may include the interest
from the date of the original judgment. Res-
publica v. Nicholson........
10. Where the court will not settle the interest,
in an action of debt on a judgment, without
a jury. Armstrong v. Carson....
INVALID PENSIONERS.
See FEDERAL COURTS.
IREDELL, JAMES.
See JUDGES.
1. John Jay appointed chief justice, and Wil-
liam Cushing, James Wilson and John Blair
appointed associate justices of the supreme
court of the United States..
.*399
2. James Iredell appointed an associate justice
1. In torts, a jury can seldom be expected to
agree upon the precise sum for damages; a
middle sum may, in some cases, be a good
rule; and though it may be abused, unless
the abuse appears, fraud will not be pre-
sumed. Cowperthwaite v. Jones.. #56
2. The court cannot direct the sheriff to take a
jury from any particular part of the county,
Hartshorn v. Patton.....
*252
8. Where the court will not calculate interest,
without a jury. Armstrong v. Carson.*303
4. The number and addition of jurors to be
returned, and the form of the panels, in
trials for high treason. United States v.
Insurgents.
2. No justice ought to take cognisance of a
cause, which has been previously decided
by another justice. Sharpe v. Thatcher,
*77-8; Overseers v. Cummings...
...*114
8 The judgment of a justice of the peace,
given merely on the attestation of the party
interested, cannot be sustained. . . . . . . . . . Id.
4. Proceedings before a justice to recover a
fine imposed by a militia court-martial.
Ferguson v. Baron....
*113
5. The court must take take the case as stated
upon the justice's return to a certiorari,
without travelling into the merits of the
original question. Overseers v. Cummings,*114
1. The act of limitations is a good plea in bar to
an action brought by a citizen of the United
States, resident in South Carolina, against a
citizen resident in Pennsylvania. Vance v.
Fairis.....
...*217
2. Accounts between a principal and factor are
merchants' accounts, not within the act of
of limitations. Stiles v. Donaldson.*264-5
MASTER AND SERVANT.
1. Where the jury make the price of the negro
slave, in a writ de homine replegiando, the
measure of damages, if accepted by the mas-
ter, it will in equity, and, perhaps, by opera-
tion of law too, emancipate the negro. Cow-
perthwaite v. Jones,
.*57-8
2. A minor, white child, born in Pennsylvania,
cannot be bound to serve as a servant. Res.
publica v. Keppele....
..*197
3. The owner of a slave has a right to carry
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