Livingston v. Moore
U.S. Circuit Court for the District of Eastern Pennsylvania
[This was a suit by the lessee of Livingston and Nicholson against Moore, Mahon and others.] The pleadings in this cause continued for upwards of two weeks, after which HOP-1CINSON, District Judge, delivered the following charge to the jury: 3 The argument of this cause has been spread over a wide surface; and matters introduced into it, by way of illustration or otherwise, which have greatly increased its proper size and difficulties.
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[This was a suit by the lessee of Livingston and Nicholson against Moore, Mahon and others.] The pleadings in this cause continued for upwards of two weeks, after which HOP-1CINSON, District Judge, delivered the following charge to the jury: 3 The argument of this cause has been spread over a wide surface; and matters introduced into it, by way of illustration or otherwise, which have greatly increased its proper size and difficulties. The magnitude of the interests at stake, and the high principles which have been discussed, have excited extraordinary exertions from the able and…
1Opinion of the Court
THE COURT
then decided:
1. That the provision in the law of 1785, which creates the lien, is not repealed by any subsequent law or laws, expressly or by implication.
2. That the settlement of the account before them, made in the manner mentioned, did create a lien on all the real estate of J. Nicholson throughout the state.
This decision is the law of the case as it was presented in the supreme court of the state, and no further. The party here, who *682was not a party to that suit, has a right to the benefit oí any new facts which would vary the ease, if there be any such. We must therefore consider…
2Cases cited2 opinions
- Stoddart v. SmithSupreme Court of Pennsylvania · 1812
- Smith v. NicholsonSupreme Court of Pennsylvania · 1803