United States v. Stafford
U.S. Circuit Court for the District of Northern New York
Error to the district court of the United States for the Northern district of New York. This was an action on a bond. The bond was dated 1st September, 1813. The declaration was in debt, with the condition of the bond set out, which recited that by general orders of the commander-in-chief of the state of New York, certain militia of the state of New York had been organized and ordered into the service of the United States; and that Samuel Edmonds had been duly assigned and…
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Error to the district court of the United States for the Northern district of New York. This was an action on a bond. The bond was dated 1st September, 1813. The declaration was in debt, with the condition of the bond set out, which recited that by general orders of the commander-in-chief of the state of New York, certain militia of the state of New York had been organized and ordered into the service of the United States; and that Samuel Edmonds had been duly assigned and appointed principal paymaster of all the militia of said state which had been or might be ordered into the service of the…
1Opinion of the Court
THOMPSON, Circuit Justice.
This case comes before the court on a writ of error to the Northern district of this state. A bill of exceptions was taken at the trial, and the argument here has been brought under considerations growing out of the pleadings, as well as the exceptions at the trial. The pleadings are extremely loose and inaccurate, and seem to have been more calculated to entangle the case in the net of form, than to have it tried upon its merits; and it would have been a discreet exercise of the powers of the court below to have corrected this by ordering a repleader. That, however,…
2Cases cited14 opinions
- Taft v. BrewsterNew York Supreme Court · 1812
- People v. Van EpsNew York Supreme Court · 1830
- Dakin v. HudsonNew York Supreme Court · 1826
- Sheldon v. HopkinsNew York Supreme Court · 1831
- Stiles v. StewartNew York Supreme Court · 1834
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3Cited by1 opinion
- The Iver HeathCourt of Appeals for the Fourth Circuit · 1923