Hurst's Lessee v. Jones

CourtUnited States Supreme Court
Citation4 U.S. 353,1 L.Ed. 864,4 Dall. 353
PartiesHurst's Lessee v. Jones.
Decision Date01 May 1801

4 U.S. 353
4 Dall. 353
1 L.Ed. 864
Hurst's Lessee
v.
Jones.
Circuit Court, Pennsylvania District.
May Term, 1801

A FORMER ejectment, between the same parties, for the same land, had been non pros'd; but the costs of suit remained unpaid.

The defendant's counsel objected to the trial of the present ejectment, until the costs of the former were paid.

By the COURT.

The objection is reasonable and just. The defendant cannot, under such circumstances, be compelled to proceed to a trial.

The cause continued.

Rawle, for the plaintiff.

E. Tilghman, for the defendant.

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24 practice notes
  • Harlow v. Fitzgerald, No. 80-945
    • United States
    • United States Supreme Court
    • June 24, 1982
    ...not view petitioners' argument on the statutory question as insubstantial. Cf. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, 4 U.S. 353, 377-378, 102 S.Ct. 1825, 1838-1839, 72 L.Ed.2d 182 (1982) (controlling question in implication of statutory causes of action is whether Congr......
  • United States v. Dioguardi, No. 71 Cr. 558.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • July 18, 1973
    ...to jurors); Faith v. Neely, 41 F.R.D. 361 (N.D.W.Va.1966) (juror misconduct, intoxication); Hollingsworth v. Duane, 4 U.S. (4 Dall.) 353, 1 L.Ed. 864 (Pa.Dist.1801) (alienage); Lindsey v. State, 189 Tenn. 355, 225 S.W.2d 533 (1949) (deafness); Batson v. State, 216 Ala. 275, 113 So. 300 (192......
  • Owens v. State, No. 103, September Term, 2006 (Md. App. 6/5/2007), No. 103, September Term, 2006
    • United States
    • Court of Special Appeals of Maryland
    • June 5, 2007
    ...432 (1895); Jugiro v. Brush, 140 U.S. 291, 297-98, 11 S. Ct. 770, 772, 35 L. Ed. 510 (1891); Hollingsworth v. Duane, 4 U.S. (4 Dall.) 353, 1 L.Ed. 864 (1801). Owens's protestations that the Supreme Court precedent is stale, and possibly tainted by some vague prejudice because it emerged fro......
  • Owens v. State, No. 103, Sept.Term, 2006.
    • United States
    • Court of Special Appeals of Maryland
    • June 5, 2007
    ...432 (1895); Jugiro v. Brush, 140 U.S. 291, 297-98, 11 S.Ct. 770, 772, 35 L.Ed. 510 (1891); Hollingsworth v. Duane, 4 U.S. (4 Dall.) 353, 1 L.Ed. 864 (1801). Owens's protestations that the Supreme Court precedent is stale, and possibly tainted by some vague prejudice because it emerged from ......
  • Request a trial to view additional results
24 cases
  • Owens v. State, No. 103, September Term, 2006 (Md. App. 6/5/2007), No. 103, September Term, 2006
    • United States
    • Court of Special Appeals of Maryland
    • June 5, 2007
    ...432 (1895); Jugiro v. Brush, 140 U.S. 291, 297-98, 11 S. Ct. 770, 772, 35 L. Ed. 510 (1891); Hollingsworth v. Duane, 4 U.S. (4 Dall.) 353, 1 L.Ed. 864 (1801). Owens's protestations that the Supreme Court precedent is stale, and possibly tainted by some vague prejudice because it emerged fro......
  • Owens v. State, No. 103, Sept.Term, 2006.
    • United States
    • Court of Special Appeals of Maryland
    • June 5, 2007
    ...432 (1895); Jugiro v. Brush, 140 U.S. 291, 297-98, 11 S.Ct. 770, 772, 35 L.Ed. 510 (1891); Hollingsworth v. Duane, 4 U.S. (4 Dall.) 353, 1 L.Ed. 864 (1801). Owens's protestations that the Supreme Court precedent is stale, and possibly tainted by some vague prejudice because it emerged from ......
  • United States v. Dioguardi, No. 71 Cr. 558.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 18, 1973
    ...to jurors); Faith v. Neely, 41 F.R.D. 361 (N.D.W.Va.1966) (juror misconduct, intoxication); Hollingsworth v. Duane, 4 U.S. (4 Dall.) 353, 1 L.Ed. 864 (Pa.Dist.1801) (alienage); Lindsey v. State, 189 Tenn. 355, 225 S.W.2d 533 (1949) (deafness); Batson v. State, 216 Ala. 275, 113 So. 300 (192......
  • Harlow v. Fitzgerald, No. 80-945
    • United States
    • United States Supreme Court
    • June 24, 1982
    ...We do not view petitioners' argument on the statutory question as insubstantial. Cf. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, 4 U.S. 353, 377-378, 102 S.Ct. 1825, 1838-1839, 72 L.Ed.2d 182 (1982) (controlling question in implication of statutory causes of action is whether Con......
  • Request a trial to view additional results

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