Barry v. Foyles
Supreme Court of the United States
ERROR to the Circuit Court for the county of Washington. In the Circuit Court for- the county of Washington, the defendant in error issued an .attachment against Robert Barry, the plaintiff in error; and according to the established practice, the plaintiff in the attachment,, filed, at the time it was issued, an account or statement of his claim; by which he alleged that Robert Barry, the defendant-below, was indebted to him in- the-sum of S3,410 25, for debts due from the…
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ERROR to the Circuit Court for the county of Washington. In the Circuit Court for- the county of Washington, the defendant in error issued an .attachment against Robert Barry, the plaintiff in error; and according to the established practice, the plaintiff in the attachment,, filed, at the time it was issued, an account or statement of his claim; by which he alleged that Robert Barry, the defendant-below, was indebted to him in- the-sum of S3,410 25, for debts due from the firm'of James B. Barry 8c Co. assumed by him to pay to the plaintiff in the attachment. This account or statement, was…
1Opinion of the CourtChief Justice Marshall
This is a writ of error to a judgment of the Circuit Court of the United States for the district of Columbia, sitting in the county of Washington. The defendant in error had sued out an attachment against Robert Barry, and had filed an account against James D. Barry & Co., said to be assuméd by Robert Barry. Robert Barry appeared, gave special bail, and discharged the attachment. Thomas Foyles then filed a declaration of indebitatus assumpsit, for money had and received, and for goods, &'c. delivered; to which Robert Barry pleaded the general issue, and the parties went to trial.
At the trial,…
2Cited by50 opinions
- In Re MooreSupreme Court of the United States · 1908
- Toland v. SpragueSupreme Court of the United States · 1838
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Kansas City & T. R. v. Interstate Lumber Co.U.S. Circuit Court for the District of Western Missouri · 1888
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