Court : US Supreme Court
..... an inhibition (according to the form of one produced, which issued in england last july, near four months after the trial and appeal at new providence) inhibits the judge and the party from doing anything in prejudice of the appeal or of the jurisdiction of the court appealed to, and ..... again, the admiralty of england gives credence and force to the decisions of foreign courts of admiralty. .....
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..... it is expressly held in an authority quoted 1 lex mercatoria 252 "that if a spaniard robs a frenchman on the high seas, their princes being both then in amity with the crown of england, and the ship is brought into a port in england, the frenchman may proceed criminaliter against the spaniard to punish him, and civiliter, to have restitution of his vessel. ..... a statute of the united states relative to expatriation is much wanted, especially as the common law of england is, by the constitution of some of the states, expressly recognized and adopted. .....
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..... in england the power of summoning jurors is limitted to 48, unless by the special order of the justices of oyer & terminer and general-goal-delivery. .....
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respublica v. ross - 2 u.s. 239 (1795) u.s. supreme court respublica v. ross, 2 u.s. 239 (1795) 2 u.s. 239 (dall.) respublica v. ross supreme court of pennsylvania december term, 1795 this was an indictment containing six counts, which charged the defendant, in various forms, with forging and uttering a promissory note, dated the 27th of july 1795, purporting to be a note drawn by joseph heister in favor of john smith, indorsed first by john smith, and afterwards by jacob morgan; and with fraudulently conspiring with one langford herring to procure jacob morgan to indorse the note by means of a forged letter, purporting to be addressed by joseph heister, to jacob morgan. in the course of the trial, the following points of evidence were ruled by the court. i. the attorney general (ingersoll, who was assisted by lewis and heatly) offered joseph heister, the supposed drawer of the note, to prove that his signature was forged. the counsel for the defendant (rawle, m. levy, m'kean and dallas) objected on two grounds: 1st. that no man is a competent witness to impeach the validity of a negotiable instrument to which he has put his name. 1 t. rep. 296. 3 woodes. 303. 2nd. that the witness is disqualified on account of his interest in the case; and though the verdict here could not be given in evidence in a civil action, the court and jury would be sure to hear, of it. 2 stra. 728, leach. c.l. 9. 10. 50. 153. bull. n. p. 288. 9. leach. c. l. 162. 287. 10 mod. 192. 3. 1 stra. 595. 2 .....
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..... besides an objection which i shall notice presently, i can imagine but one real difference between that case and the one before us, and that is that in england the payment was compelled; here page 3 u. s. ..... the principles of the common law of england, as appears from a case i showed to the bar (that in sir thomas parker's reports 267, attorney general v. ..... it is a term used in statutes in england and in acts of assembly of all the states, and signifies a thing done really, with a good faith, without fraud or deceit or collusion or trust. .....
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..... it has been decided here as well as in england, that proceedings of this nature are civil suits. .....
Tag this Judgment!Court : US Supreme Court
..... there is no provision of this kind in the english statutes; for, in england, a specialty creditor can only secure his preference to simple-contract creditors by giving the legal notice of a suit, in the first instance. .....
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..... of assembly pursues, in general, the custom of london, on the subject of foreign attachments: but the decisions that prevent the operation of attachments, in the case of debts in suit, are evidently founded on that jealousy of the superior courts in england, for which, in this state, there exists no cause; since the process, for both kinds of suits, issues from both descriptions of courts. ..... the doctrine, that debts in suit cannot be attached, depends entirely upon the superior dignity of the courts in england, before whom the suits must be instituted; but as the same kinds of process issue in pennsylvania from both descriptions of courts, there is no dignity to be violated here, by allowing the attachment. ..... but the law is happily otherwise: for, it has been, repeatedly, settled here, as well as in england, that a partner may be sued for separate debts; that the partnership effects may be taken in execution and sold by moieties; and that the purchaser of the moiety, under the execution, shall be considered as tenant in common ..... but, it is to be observed on the first objection, that, although a debt in suit is not attachable in england, because the superior page 2 u.s. ..... even, however, in england, while the superior courts refuse to give the effect described, to foreign attachments issuing from an inferior tribunal, they have exercised their own authority in a manner very similar to that which is now contemplated; by ordering the .....
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..... the courts in england and in pennsylvania are in the constant practice of staying the proceedings on executions, which are issued either for more than is due, or before the day of payment. .....
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..... * they exemplified the mode of proceeding by outlawry in england, on a return of non est inventus as to one of several defendants; the force of the issue joined; and the impracticability of making an amendment in the declaration filed, to meet the new case to be brought upon the record; from 1 stra. ..... the process of outlawry in england is neither a dilatory, nor a precarious, remedy; for, all the writs may issue at once; the effect, by pronouncing the civil death of the party, cannot be prevented; and the plaintiff is entitled to receive his money from ..... it is admitted, that the course of proceeding in england is different. ..... 373, 378 full amount demanded by the plaintiff; and, it is conceded, that the process used on the present occasion, could not have been used in england. ..... in england, however, the courts of law and chancery were bound by forms of writ, of almost immemorial antiquity, and always prescribed by the express authority of parliament; 'till the pressure of business, and the diversity of the cases that .....
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