Court : US Supreme Court
..... to support it, against the rules of law. col. hugg was the plaintiff's agent in this matter, without any reward. he was an officer in the american army, and probably thought the support of the war depended on the support of the credit of the continental money; it was the only money then in circulation; and though ..... in court, were the identical bills, he received from white, in satisfaction of the mortgage. but sergeant objected, that hugg was not an agent within the meaning of the act of assembly, but merely a person who had officiously received the monies of another. the court rejected the witness. and shippen, president, observed, that hugg appeared to have ..... herself, who resided in pennsylvania. there must be some satisfactory proof of his being actually an agent, before the court can allow a party to be sworn, under the act of assembly, to identify the money in dispute. by the verdict of the second jury, it appears, that they reduced the money according to the scale of depreciation, .....
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..... pennsylvania, and applied to the executive council, representing that he was a minor at the time of the attainder, and was forcibly prevented by his guardian from joining the american army; for which reasons he prayed a restoration of his estate. the council said, they were ready to grant him a pardon, but that they had it not in their power ..... court respublica v. gordon, 1 u.s. 233 (1788) 1 u.s. 233 (dall.) respublica v. gordon supreme court of pennsylvania january term, 1788 the defendant was included in an act of proclamation issued during the late war, and not appearing within the time prescribed, was attainted of treason for adhering to the king of great britain, in consequence of which ..... , and, as it had not been appropriated or disposed of by the commonwealth, there would then be no obstacle to his taking immediate possession. the legislature soon afterwards passed an act in favor of mr. gordon's pretensions.[ respublica v. gordon footnote 1 u.s. 233 (1788) ] .....
Tag this Judgment!Court : US Supreme Court
..... bac. abr. 175. and the reason assigned is particularly applicable to the present case, because it is for the public safety. 20 vin. abr. (trespass) b. a. sec. 4. fo. 476. thus, also, every man may, of common right, justify the going of his servants, or horses, upon the banks of navigable rivers, for towing ..... into the hands of the enemy, may aid them in their operations of war against the united states, or the loss of which might distress the continental army, be immediately removed to such places, as shall be deemed most convenient and secure.' this recommendation was transmitted by the executive council to the pennsylvania board of ..... barnhill would have been liable as trespassers, had not the legislature interfered to protect persons in their situation from vexatious prosecutions: 3 state laws. 178. and this act, although it relates immediately to individuals, shows, generally, that the temporary bodies, by whose orders such individuals were governed, are, likewise, to be exempted from .....
Tag this Judgment!Court : US Supreme Court
..... . potts, 2 u.s. 98 (1788) 2 u.s. 98 mccurdy v. potts, et al* supreme court of pennsylvania may sessions, 1788 this was an action of trespass vi et armis for cutting the plaintiff's trees; to which the defendant pleaded non cul. with leave to justify, &c.; the title to the premises was the subject of controversy; and the ..... confer no right to the 157 acres, within the plaintiff's survey; for, on any part of those acres, it is not pretended, that the defendant has ever exercised any act of industry, or that he has even maintained a pedis possessia. he made no inclosure, he cut no timber; nor, in short, in any form appropriated, or set apart, the .....
Tag this Judgment!Court : US Supreme Court
..... assisted them, or should thereafter do so, should be confiscated; and that, with respect to those persons who had been inhabitants of the state (the last section of the act providing for the case of persons who had never been inhabitants) the county court upon application was empowered and directed to give judgment, that all their estate ..... 1 u.s. 393, 394 so for some time after the commencement of the war. subsequent, however, to the declaration of independence, the plaintiff joined the british army, and, on the return of peace, he removed with other loyalists to halifax, where he continues to reside. on the second thursday of may in the year 1778 ..... the treaty; and, therefore, thought it would have been incompatible with it to have sustained any legal proceedings afterwards in the supreme court against the defendant, an act of the legislature became necessary to divest the right, which the state had acquired by the previous confiscation. the conduct of the british agents can furnish no .....
Tag this Judgment!Court : US Supreme Court
..... a bankrupt, shall not be relieved upon any such judgment, &c; for any more than a rateable part of their debts, with the other creditors.' this section of the act, is similar to one in the statute of james, and must therefore receive the same construction; and the rational and legal construction appears to be, that no ..... the estate, except the present one, at the suit of the plaintiff, and that, therefore, he alone is entitled to the money. the question arises upon the 30th section of the bankrupt law, which enacts, 'that every creditor having security for his debt by judgment, speciality, or other security, whereof there is no execution served and executed ..... lien against the assignees of the bankrupt, or the general creditors under the commission; but contended, that, unless it was for the general benefit, no construction of the act of assembly should be made to divest the lien which the priority of musgrove's judgment had obtained: a lien, they insisted, clearly binding as to a purchasor, .....
Tag this Judgment!Court : US Supreme Court
..... within the page 2 u.s. 102, 104 bowells of the country, without bringing any money into it. it is well known, that the bills drawn by the british army were the principal bills that were bought and sold; those drawn by american citizens were generally protected. it has been said, that it might have been paid to strettle: ..... in 1787, when there was a general compliance enacted through all the united states, in order to see if that would produce a counter-compliance, their legislature passed the act repealing all laws repugnant to the treaty, and their courts, on their part, changed their rule relative to interest during the war, which they have uniformly allowed since ..... but that depended upon his pleasure, whether he chose to act as attorney or not. i have searched for precedents both in the civil law, and in the books of reports; but could find none. we, therefore, determine on .....
Tag this Judgment!Court : US Supreme Court
..... hearing before the board of property, there was a decision in favour of the defendant. the argument turned, principally, on the construction of the 8, 9 and 10, sections of the act of the 21 december, 1784 (2 vol. dall. edit. p. 235.) which give a pre-emptive right to those persons, and their legal representatives, 'who ..... which the legislature intended to favor, meant a residence and remaining upon the plantation claimed; defending the very spot from the enemy; and not a general enlistment in the army. the pre-emption was destined for the settlers who defended the soil; other rewards, donation lands, &c.; were given to those who became soldiers. the plaintiff, therefore ..... equally clear on the same side. the defendant made the first improvement; and he continued his possession, 'till, at the call of his country, he entered into the army. in doing so, we consider his conduct, at least as meritorious, as the conduct of those, who stood their ground, in defense of their own plantations. but .....
Tag this Judgment!Court : US Supreme Court
..... must contribute my proportion of the money awarded. it seems to be unnecessary to cite the several resolves of congress, allowing half pay to the officers of the army of the united states, or of the assembly of pennsylvania on the same subject, respecting the troops of the state, as the principal ground on which our present ..... the commencement of the war, intending thereby a further gratification; which at first view may appear paradoxical. afterwards, by an act of assembly, a complete suit of uniform ( the particulars of which are specified in the 8th section) was allowed to be given annually to each officer gratis, during the war. let it be assumed, for illustration, that ..... lastly, because it is manifest, they intended to be generous to, or at least to relieve the known distresses of, the officers of the state, both in the army and navy. for, by the first resolve, the assembly directed, that the officers should be furnished with the articles necessary for them, at a fourth part of the .....
Tag this Judgment!Court : US Supreme Court
..... constant practice to modify a decree upon an appeal as the justice of the case requires, and in this instance it appears to me, under the 24th section of the judicial act, we are to render such a decree as in our opinion the district court ought to have rendered. if this was a case wherein damages were ..... as the sovereign power of war and peace respecting great britain, and that to that power is necessarily incident that of carrying on war in a regular way, of raising armies, making regulations for their discipline and government, commissioning officers, equipping fleets, granting letters of marque and reprisal, the power (now contested) of deciding, in all cases of ..... , military or naval stores of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions or other necessaries to the british army or armies or navy that now are or shall hereafter be within any of the united colonies, or any goods, wares, or merchandise for the use of such fleet or .....
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