Thompson v. Musser
Supreme Court of the United States
These actions were removed by writs of error from the common pleas of Lancaster county ; and on return of the respective records, the proceedings appeared to have been as follows : I. On the first or larger record, it appeared, that a capias in an action of debt in the detinet, issued at the suit of John Musser against John Thompson, for 200,000 weight of tobacco ; and the declaration set forth a penal bill, dated the 3d of January 1784, by which John Thompson hinds himself…
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These actions were removed by writs of error from the common pleas of Lancaster county ; and on return of the respective records, the proceedings appeared to have been as follows : I. On the first or larger record, it appeared, that a capias in an action of debt in the detinet, issued at the suit of John Musser against John Thompson, for 200,000 weight of tobacco ; and the declaration set forth a penal bill, dated the 3d of January 1784, by which John Thompson hinds himself in the penalty cf 200,000 weight of net crop tobacco, of the mspection of Fred ericksbuig', or Falmouth, on Rappahannock…
1Opinion of the Court
McKean, Chief Justice.
The arguments on the records before the court have been ably and learnedly enforced. To these, and to the authorities produced on both sides, I shall briefly refer, while I consider in their order, the objections that have been made in favor of the plaintiff in error.
1. In support of the first objection, a variety of precedents have been shown of declarations upon penal bills from 1 Mod. Ent. 180, 281; Brown’s Mod. Intrandi, &c., and the following books were cited: Doug. 658; 8 Co. 133; 4 Bac. Abr. 13; 7 Co. 10 a; 4 Bac. Abr. 16, 363; 5 Id. 321; Cro. Eliz. 548; Cro. Jac.…
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