Legal Opinion

Alexander v. Harris

Supreme Court of the United States

Decided March 18, 1808PublishedCited by 13 opinions

Error to tbe Circuit Court of tbe district of Columbia, sitting at Alexandria, in an action of replevin. Avowry by the defendant, stating that Crammond was seised in fee of the locus in quo, and demised the same to the plaintiff for the term of three years, at a certain rent, and that because $111.67 of the rent was in arrear and unpaid, he acknowledged the taking as bailiff of Crammond, &e., and prayed judgment for double rent.

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Error to tbe Circuit Court of tbe district of Columbia, sitting at Alexandria, in an action of replevin. Avowry by the defendant, stating that Crammond was seised in fee of the locus in quo, and demised the same to the plaintiff for the term of three years, at a certain rent, and that because $111.67 of the rent was in arrear and unpaid, he acknowledged the taking as bailiff of Crammond, &e., and prayed judgment for double rent. Plea, ought not to avow, &c., because, he says, that the said sum of $111.67 of the rent aforesaid, at the time when, &c., was not in arrear and unpaid to the said W.…

1Opinion of the Court

Marshall, Ch. J.,

delivered the opinion of the court as follows, viz : — In this case, two errors are alleged by the plaintiff in error. * 1 1st. That the circuit court misdirected the jury. *2d. That judgJ ment for double damages ought not to have been rendered on the verdict.

1. The avowry, which sets forth the title under which the distress was made, states a lease for three years certain. The plea to this avowry was, “ nothing in arrear,” and on this plea, issue was joined. At the trial of the cause, the avowant gave in evidence a lease for one year certain, and a subsequent possession for…

2Cited by13 opinions

  1. B. D. Click Co. v. United StatesUnited States Court of Claims · 1980
  2. New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
  3. Spiritwood Grain Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1950
  4. Kessler v. M'ConachySupreme Court of Pennsylvania · 1829
  5. Sadler MacHinery Co. v. Ohio Nat., Inc.Court of Appeals for the Sixth Circuit · 1953

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