McDonald v. Hobson
Supreme Court of the United States
This case was brought up by writ of error from the Circuit Court of the United States for the District of Oh'io. There was ño bill, of exceptions in the. case, but the whole record was brought up, upon the allegation of a fatal defect in it, because no cause of action was shown by the plaintiff below in his declaration. Hobson, a citizen of Alabama, brought an action of covenant against McDonald, as the administrator of McArthur.
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This case was brought up by writ of error from the Circuit Court of the United States for the District of Oh'io. There was ño bill, of exceptions in the. case, but the whole record was brought up, upon the allegation of a fatal defect in it, because no cause of action was shown by the plaintiff below in his declaration. Hobson, a citizen of Alabama, brought an action of covenant against McDonald, as the administrator of McArthur. As the' whole case depended upon -a very nice point of pleading, the Reporter has thought. it proper to insert the whole of the declaration, whjch was as follows: —…
1Opinion of the CourtJustice Nelson
This is a writ -of error to the Circuit Court, of the United States, held in and for the District of Ohio by the district judge.
The questions presented arise upon the record of judgment, no bill of exceptions having been taken to the rulings of the court at the trial. Ifls insisted that' the declaration is fatally defective, and the'judgment for that reason erroneous.
The action is covenant, brought by Matthew Hobson against William McDonald, as administrator of Duncan McArthur, deceased.
The declaration recites, that, on the 10th of November, 1810, a contract was entered into between the said…
2Cases cited2 opinions
- Bayard v. MalcolmNew York Supreme Court · 1806
- Trustees of Rochester v. SymondsNew York Supreme Court · 1831
3Cited by2 opinions
- Gay v. JoplinU.S. Circuit Court for the District of Eastern Missouri · 1882
- Sligo Furnace Co. v. DaltonCourt of Appeals for the Eighth Circuit · 1919