Court : US Supreme Court
..... or commissions from the king of great britain, and then and there, with force and arms did falsely and treacherously also take a commission or commissions from general sir william howe, then and there acting under the said king of great britain, and under the authority of the same king, to wit, a commission to watch over and guard the gates of the city of philadelphia, by the said sir william ..... there did, with force and arms, maliciously and traiterously give and send intelligence to the same enemies for that purpose, against the duty of his allegiance, against the form of the act of assembly in such case made and provided, and against the peace and dignity of the commonwealth of pennsylvania. ..... the aiding and assisting is the treason, but these are the over act, which must be laid and proved, in order to convict the defendant of ..... nor will the evidence of seizing the salt, or any act of disarming the inhabitants whom the defendant called rebels, apply to this species of treason; however they may support the allegation, of his having joined the armies of the king of ..... for that the indictment is vague and uncertain, there being no overt-act expressly or particularly ascertained, as the prisoner is advised it ought to ..... quantity of salt from persons whom he termed rebels, as they were passing out of the city of philadelphia; and that he had a power of granting passes; his counsel objected, that this was impertinent to the overt act laid in the indictment, and therefore not admissible. .....
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..... ,contradicts the idea, suggested by the advocates for the prisoner, that allegiance was not due till the meeting of the executive council on the 4th of march ensuing; and, although he cannot be convicted upon that act, yet allegiance being due from the 28th of november, 1776, when, as i have already observed the legislature was convened, and the members of council were appointed, treason, which is nothing more than a criminal ..... but there is great inaccuracy in penning the act; for, though it would seem, by the former part of the second section, to be the sense of the legislature, that from the 11th of may 1776, to the 10th of february, 1777, the operation of all the acts of assembly should be suspended; yet, in the close of the same section, obedience to those acts, to the common law, and to so much of the statute law of england, as have heretofore been in force in pennsylvania, is, with some exceptions in ..... but to this, it is answered, that until laws were passed by a competent legislative power, no government could be said to exist; and, as the act of the 28th of january 1779, for the revival of the laws, virtually declares that they were suspended from the 14th may, 1776, till the 11th february, 1777, it is inferred, that during that period, ..... that the prisoner's departure from this state, on the 26th december, 1776, was near a month antecedent to any legislative act; and near three months before all the branches of the government were organized and put into actual operation. .....
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..... if, then, in substance, the act of one obliges the other, what difference arises from the circumstance of the delivery not being formally executed? ..... 119, 122 there can be no doubt that in the course of trade, the act of one partner, is the act of both. .....
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..... to say that they must be still remaining in the province, would be needlessly restraining the generality of the words of the act, which suggests that sometimes they may have left the province, by the words, 'and had not left a clear estate in fee simple within the province, ..... the other two classes, it was possible for a creditor to seduce his debtor to leave the province, or to entrap him into the commission of some other act, which brought him within the construction of the law, and to seize upon all his effects. ..... appears a designed variation from the expression used in the first act: it does not say persons not residing in the province at the time of issuing the attachment, but, generally, persons not inhabitants of the province, and seems expressly meant to take in only those persons first described in the former act, persons who never resided here, or whose actual residence was ..... this case, must be founded upon a connected view of the several acts of assembly relating to attachments; and these are the 4 ann. ..... to the policy of the act, whether he remains in the state or goes out of it; he has committed an act similar to an act of bankruptcy by absconding with a fraudulent design; and in that case, and in that only, is he the object of the second act. ..... the object in passing the first act, was to subject the effects of absent debtors to the payment of their debts; as it appears by the preamble, that before that time, they were not equally liable with the effects of those .....
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..... and he contended that in pennsylvania, the chancery jurisdiction for redemption of mortgages, is transferred by the act of assembly to the common law courts, which will also take care that he who claims equity shall ..... and, with respect to the present point, the act of assembly has no other effect, than to extend to our law courts the power of redemption which chancery has in england; for, if there was no such power, upon default on the day of payment, the mortgagor would ..... even then a process is directed by the act, altogether different from that which is practiced in england, and which does not go to vest the legal estate in the ..... there is a case under this act which has not been cited at the bar, and which is rather fuller to the point, than any that have been cited: it is in 2 ..... we have a positive act of assembly directing the mode of proceeding, upon mortgages, intirely different from the page ..... under this act, when an ejectment is brought for the recovery of lands mortaged, if the mortgagor shall become defendant in the ejectment, and shall at any time pending the action pay the principal and interest money due ..... court of law, we cannot take upon ourselves to act as a court of chancery. ..... in pennsylvania, the act of assembly precludes all necessity for such ..... and the act for acknowledging and recording of ..... this act expressly confines the remedy of the mortgagee to the recovery of the principal and interest due on the mortgage; and the proceedings under the law show the uniform .....
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..... authorities apply here with additional force, under the sanction of the articles of confederation, which declare, that 'full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other state:' and also, that, the free inhabitants of each of these states, shall be entitled to all privileges and immunities of ..... suppose there had been no bankrupt law in pennsylvania, and that, in truth, our legislature disapproved of it, yet, every debtor by going into maryland and complying with the terms of their general act, or, perhaps, by virtue of a special one, might obtain a certificate, which, it is contended, would discharge him from his creditors here; and thus another state would make laws for us, ..... the principles of the law of nations, and the reciprocal obligation of the states under the articles of confederation, we are of opinion, that the act of assembly by which the defendant has been discharged, must be considered as a general bankrupt law, made for general purposes, and equally advantageous to ..... had been paid to hall in maryland, on account of goods sold and delivered upon a commission as the partner of millar; but that the original agreement under which they acted in the sale of those goods was executed in philadelphia, and that the proceeds belonged to merchants residing in pennsylvania, where, consequently, the payment was to be made. ..... acts of pardon, marriage, and divorce, made in one country, .....
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..... are the only awards in use at this day in england; but the legislature of pennsylvania, in the year 1705, introduced another species here, which are fourthly, those awards, or reports, that are made in pursuance of the act of assembly setting forth, that 'where the plaintiff and defendant consent to a rule of court for refering the adjustment of their accounts to certain persons mutually chosen by them in open court, the award, or report, of such referees ..... in the one case, the decision is made by twelve men upon oath, with all the information which the judges, and learned counsel can communicate: in the other, it is the act of three persons, who are not sworn to the faithful discharge of their duty, and who are unassisted, either in ascertaining the law, or in developing the fact, upon which the question submitted to them may depend. ..... this act differs essentially from the statute of w. 3. .....
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..... and the authorities; which is, that the matters determined by the commissioners are certainly matters of law, arising from the facts; as, what avocation constitutes a trader, or what conduct amounts to an act of bankruptcy: would it not then be a strained and unreasonable thing to suppose, that the legislature has established a jurisdiction of this sort, competent to decide questions of the greatest magnitude in ..... only add on this objection, that the legislature probably introduced the proviso in the third section (with, i presume, a view particularly to foreigners) in order to evince, that it was not intended to abrogate all former contracts and obligations: and, as it is only the debt of the petitioning creditor that must be subsequent to the passing of the act ( for, the commission having issued, all debts prior, as well as subsequent, ..... of bankrupts against all the four partners as traders by retail, issued upon the petition of rose, who alone subscribed it in behalf of himself and his partner dickens, having previously sworn that john meng and co ..... alone, notwithstanding it is said to be on behalf of himself and his partner dickens, was ..... ground of a departure out of the state; which, they say, applies as well to a stranger as an inhabitant; while, in behalf of the plaintiff, it is contended, that, as the only proof of a departure by goodwin and smith, is that of going to their own house in new jersey, this cannot, upon principle or precedent, be construed into an act of bankruptcy .....
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..... of common pleas of philadelphia county december term, 1788 this was a foreign attachment, in which judgment was entered at the third term; and a writ of inquiry being afterwards executed, a motion was made, on behalf of the defendant, to quash the return, because the sheriff and inquest had refused to hear his evidence at the time of executing the writ. ..... the plaintiff is not obliged to execute a writ of inquiry, or to prove his debt in court, but merely to swear to it; nor does any expression in our act of assembly enjoin the execution of a writ of inquiry; but that, as well as the notice in office, depends entirely upon usage; for, the only trial mentioned in the act is on the scire sacias between the plaintiff and garnishee. ..... the legislature, in framing this act, certainly took for their model the custom of london, concerning foreign attachments; the principles of the law and mode of proceeding are in many respects conformable to that custom; and the difference appears to be less in the act itself, than in the practice ..... the practice under our act is first to obtain judgment against the defendant, then to file a declaration against him according to the nature of the demand; if in debt, the judgment stands for the sum declared for, without even an oath to support it; if in ..... of making that defence before the jury of inquiry has no foundation either in the act or the practice under it. ..... the freeholders act can furnish no argument; for the law in that case, prescribes a mode by which .....
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steele v. steele - 1 u.s. 409 (1789) u.s. supreme court steele v. steele, 1 u.s. 409 (1789) 1 u.s. 409 (dall.) steele v. steele supreme court of pennsylvania january term, 1789 this was an issue joined on the facts alledged in a libel for a divorce; and, upon the trial, the chief justice observed, that notice ought to be given of the facts intended to be proved under the general allegations of the libel. rush, justice; i think it would be most convenient to give notice, that between two specific dates, acts of cruelty &c.; were intended to be proved. the court seemed to adopt that idea, and recommended it for the future practice of the bar.
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