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Garland Vs. Davis
Cites for this judgment
- US Supreme Court
- Jan 01, 1846
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U.S. 131 (1846) U.S. Supreme Court Garland v. DavisSearch
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U.S. 4 How. 131 131 (1846) Garland v. DavisSearch
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Hen. 8, but certainly not broader. The issue was an immaterial issue. The opinion of this court in Patterson v. UnitedSearch
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as in this case, any exception appearing on it can be taken by counsel which could have been taken below. Roach v. HulingsSearch
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the duty of the court to give judgment on the whole record, and not merely on the points started by counsel. Slacum v. PomeroySearch
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Baird & Co. v. MattoxSearch
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U. S. 16 Pet. 319. In United States v. BurnhamSearch
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Mason 62, the court alone took notice of the defect, which was the sole ground of its opinion. In Patterson v. UnitedSearch
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and on that account the proceedings below were reversed. See also Harrison v. NixonSearch
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has been actually adjudged in an action on the case, after full hearing, that nonassumpsit was a bad plea. Noble v. LancasterSearch
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is that before mentioned -- namely that they do not cover or traverse all the gravamen of the declaration. Staple v. HeydenSearch
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decided that a plea of nonassumpsit to an Page 45 U. S. 146 action of debt is not thus cured, Brennan v. EganSearch
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Penfold v. HawkinsSearch
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to assumpsit, Cro.El. 470 and 8 Serg. & R. 441, or to covenant, 1 Hen. & Munf. 153, or to debt for a penalty. Coppin v. CarterSearch
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Gould's Pl. 506, 509. This is undoubted, from Williams' definition in Bennet v. HolbechSearch
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So in Benden v. ManningSearch
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bad and not cured by verdict, though found for the plaintiff, the result will be the same. It may be seen in Tryon v. CarterSearch
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not be inferred from these pleadings that payment may not have been made before the 5th. See another in Enys v. MohunSearch
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Peck v. HillSearch
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Read v. DawsonSearch
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Stafford v. MayorSearch
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Saund. 319, n. In Patterson v. UnitedSearch
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below were reversed. After all this, it is hardly necessary to state further, by way of precedent, that in Noble v. LancasterSearch
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in both, and as just shown, being on principle in both a defect in substance no less than form, is uncured. Stearns v. BarrettSearch
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and no opinion of the jury or the court being regular or proper under it except as to that promise alone. Harrison v. NixonSearch
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Pet. 484. There are many cases showing that the evidence must be limited to the plea. Mar. Ins. Company v. HodgsonSearch
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U. S. 9 Pet. 484. The probata should conform to the allegata. Boone v. ChilesSearch
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Pet. 177. In Barnes v. WilliamsSearch
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are not usually liable on mere contracts or promises made in behalf of their principals. See on this Hodgson v. DexterSearch
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Macbeath v. HaldimandSearch
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Fox v. DrakeSearch
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Osborne v. KerrSearch
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Freeman v. OtisSearch
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cases are wanting which hold that officers not judicial, nor having any discretion to exercise on a subject, Wheeler v. PattersonSearch
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are liable in tort for misfeasances, whenever they are violations of public laws or official duties, Shepherd v. LincolnSearch
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Gidley, Ex. of Holland v. LordSearch
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attempts to charge persons in tort for matters which originated and existed in fact only as contracts, Bristow v. EastmanSearch
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Jennings v. RundallSearch
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support them, as Gilbert, quoted in Tidd, 828. In others, the counsel, rather than the court, recognize them. Kempe v. CrewsSearch
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Taylor v. WhiteheadSearch
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Doug. 749. In others, the court refer to them but do not appear to have founded their decision on them, as Webster v. BannisterSearch
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judgment can with propriety be rendered for the plaintiff on such confession if the declaration be good. Rex v. PhilipsSearch
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Jones v. BodinghamSearch
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Simonton v. WinterSearch
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