United States v. Patterson
Supreme Court of the United States
ERROR to the Kentucky district court of the United States, in an action of debt on a bond fpr 6,000 dollars. ' The capias ad respondendum issued on the 28th of June, 1803, returnable to the first Móndate of July in the same year, and was served on the 3Qth of June. The declaration was in the usual form of an action of debt for the penalty of the bond with a proferí, but without setting forth its condition or any breach thereof.
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ERROR to the Kentucky district court of the United States, in an action of debt on a bond fpr 6,000 dollars. ' The capias ad respondendum issued on the 28th of June, 1803, returnable to the first Móndate of July in the same year, and was served on the 3Qth of June. The declaration was in the usual form of an action of debt for the penalty of the bond with a proferí, but without setting forth its condition or any breach thereof. The defendants, without praying oyer, pleaded as follows: “ Aud the defendants, by their attorneys, come and defend the wrong and injury when and where, &c. and for…
1Opinion of the Court
February 24.
Marshall, Ch. J.
delivered the Opinion of the «ourt, to the following effect:
If this case depended upon the replication, the judgment of the court must be in favour oí the defendants. It is certainly bad, inasmuch as it charges the defendants with moneys not collected. But Upon a demurrer the judgment is to be against the party, who committed the first error in pleading.
The want of oyer is a fatal defect in the plea of thé defendants; and the court cannot look at any subsequent proceeding. The plea was bath when pleaded. The judgment must be reversed, and. the éause remanded for…
2Cited by1 opinion
- The United States v. John Arthur and Robert PattersonSupreme Court of the United States · 1809