Law v. Merrills
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Law sued Merrills in the common pleas of Washington, and declared as the bearer of a promissory note for $125, bearing date 29th June, 1822, made by lire defendant, and payable ten days after date, to Sally M. Jones or bearer. The defendant pleaded non-assumpsit and payment.
Read the full summary
Error from the supreme court. Law sued Merrills in the common pleas of Washington, and declared as the bearer of a promissory note for $125, bearing date 29th June, 1822, made by lire defendant, and payable ten days after date, to Sally M. Jones or bearer. The defendant pleaded non-assumpsit and payment. The cause was tried in the common pleas in March, 1825. The note was proved, and on it appeared two endorsements of $10 each, one under date of 16th December, 1822, the other of 6th May, 1823. The note was transferred to the plaintiff in July, 1823. On the part of the defendant it was proved,…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
On the argument in this court it was insisted by the counsel for the defendant in error, that the record of judgment, in the common pleas is fatally defective, and that for that cause, if no other, the judgment of the supreme court ought to be affirmed. The first exception taken to the record is an error in the caption. The process against the defendant was returned served at the March term of the common pleas, which was by law to be held at Salem. The statute requires the caption of the record to correspond with the place and time when…
2Cases cited7 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Whiteside v. JacksonNew York Supreme Court · 1828
- Custiss v. The Georgetown and Alexandria Turnpike CompanySupreme Court of the United States · 1810
- Lewis v. HawleySupreme Court of Connecticut · 1814
- Alexander v. ByronNew York Supreme Court · 1801
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Davis v. DavisCalifornia Supreme Court · 1864
- People v. RectorNew York Supreme Court · 1838
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Gibson v. StevensSupreme Court of the United States · 1850
49 more not listed; retrieve them via the Exa API.