Legal Opinion

Respublica v. Le Caze

Supreme Court of Pennsylvania

Decided September 15, 1791PublishedCited by 2 opinions

An action of debt was brought by way of information, by the attorney general, against the defendants, for 4000I. sterling money of Great Britain, of the value of 66661. 13s. 8d. lawful money of Pennsylvania, in the debet and detinet, upon a writing signed by the defendant and taken in the court of admiralty of Pennsylvania, in the liature of a caution or stipulation, dated 4th November 1783. The information stated the whole case, and the papers recited therein, except the…

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An action of debt was brought by way of information, by the attorney general, against the defendants, for 4000I. sterling money of Great Britain, of the value of 66661. 13s. 8d. lawful money of Pennsylvania, in the debet and detinet, upon a writing signed by the defendant and taken in the court of admiralty of Pennsylvania, in the liature of a caution or stipulation, dated 4th November 1783. The information stated the whole case, and the papers recited therein, except the libel, which was stated very generally from the admiralty proceeding. It appeared on the trial that 5285 French crowns,…

1Opinion of the Court

Per Justice Shippen.

It has been said at the bar, that such clauses in stipulations are unusual; but I have known many stipulations taken in this manner, because the judges of the admiralty have in many cases been deemed responsible. It is not unusual.

Bond in the admiralty to perform its own decree must be sued in common law court. 1 Keb. 88.

A judgment obtained in London, in a cause which by the custom of the city could not be brought in the courts of Westminster, debt will lie on it in B. R. or C. B. i.Rol. Ab. 600, pi. 8. A recognizance in chancery may be sued in B. R. though the regular…

2Cases cited1 opinion

  1. Crone's AppealSupreme Court of Pennsylvania · 1883

3Cited by2 opinions

  1. Wright v. KeyesSupreme Court of Pennsylvania · 1883
  2. Ward v. SoutherlandTennessee Supreme Court · 1823

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