Duvall v. Craig
Supreme Court of the United States
Error to the circuit court for the district of Kentucky. The capias ad respondendum issued in this case was as follows: “ The United States of America to the marshal of the Kentucky district, Greeting.
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Error to the circuit court for the district of Kentucky. The capias ad respondendum issued in this case was as follows: “ The United States of America to the marshal of the Kentucky district, Greeting. You are hereby commanded to take John Craig, .Robert Johnson, and Elijah Craig, if they be found within your bailiwick, and them safely keep so that you have their bodies before the judge of our district court, at the capitol in Frankfort, on the first Monday in March next, to answer \Vrlliam Duvall, a citizen of the state of Virginia, of an action of covenant; damages fifty thousand dollars;…
1Opinion of the CourtJustice Story
Several points have been argued in this case, upon which the opinion of the court will be now pronounced. In the first place, it is stated, that a material variance exists between the writ and declaration, of which (being shown upon oyer) the court, upon a general demurrer to the declaration, are bound to take notice; and if so, it is fatal to the action. The supposed variance consists in this, that in the writ all the defendants are sued by their Christian and surnames only; whereas, in the declaration, the deed on which the action is founded is averred to be made by the defendant, John…
2Cases cited12 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
7 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- CIGNA Corp. v. AmaraSupreme Court of the United States · 2011
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Greenough v. Tax Assessors of NewportSupreme Court of the United States · 1947
- Dutton v. . WillnerNew York Court of Appeals · 1873
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