Thursday, September 9, 1779 [ pages 289-291 ]
The Court opened.
Present
The Honble The Chief Justice
| Jn. Holmes and Solomon Ketcham v. Elisha Walton |
} | Certiorari to Justice Anderson being returned and filed on Motion of Mr. Wilcocks Attorney for the Plaintiff ordered that the same by Argued on Thursday in the next Term, and that the Parties take Notice accordingly. |
. . . . .
| Rule | Whereas the late Act of Assembly for forfeiting all Goods Wares and Merchandize &c. found going in or Coming out of the Enemies Lines hath extended the Jurisdiction of Justices of the Peace without any limitation of the value of the Property seised, which occasions the frequent prosecuting of Certioraries for removing the Plaints brought before the said Justices to the Supreme Court: And Whereas many difficulties arise in ascertaining the facts proved to the Justice and Jury on the Trial of the Plaints before the said Justices for want of some regular and established Practice in the same. It is ordered, that in future the Attornies appearing before the said Justice on the hearing such Plaints do settle the State of Facts appearing on such hearings and reduce the same to writing by way of Bills of Exception to be signed by such Attornies or the Parties where the same may be practicable: And that whenever the same shall have been neglected or refused that the Attorney for the Plaintiff on such Certiorari shall previous to the return thereof give ten days Notice to the Defendant in the Certiorari of the Time and place of his taking Affidavits of Witnesses for establishing the facts which appeared on the Hearing of the Plaint before the Justice in order that the said Defendant or his Attorney may appear and cross-examine the said Witnesses and examine any other he may think proper to the same purpose. And that such State of Facts and Examination be made part of the return of said Certiorari and be read on the Arguments of such Certiorari saving all legal Exceptions. |
Thursday, Nov. 11, 1779 [ page 302 ]
| John Holmes ex den Solomon Ketcham v. Elisha Walton |
} |
Sur Certiorari to Justice Anderson Col. Thomas Henderson sworn -- Willm. Wilcocks Esqr sworn on a Voire dire, then sworn in Chief after Argument of Council on both sides, on the Reasons filed in this Cause - A Curia advisare vult is enter'd -- |
Monday, Nov. 15, 1779 [ page 309 ]
| John Holmes and Solomon Ketcham v. Elisha Walton |
} |
Sur Certiorari-- The Court will further advise on the Arguments, had in this Cause, till the next Term -- |
Friday, April 7, 1780 [ page 321 ]
| John Holmes and Som. Ketcham v. Elisha Walton |
} | The Court not being ready to give Jugmt on the Reasons filed and Argued in this Cause - Order'd that a Curia advisare vult until next Term be enter'd - On Motion of Mr Elias Boudinot |
Thursday, Sept.7, 1780 [ pages 343-344 ]
| John Holmes and Solomon Ketcham v. Elisha Walton |
} |
Sur Certiorari to John Anderson Esqr This Cause having been argued several Terms past and the Court having taken Time to consider of the same and being now ready to deliver their Opinions gave the same for the plaintiffs in certiorari seriatim. And on Motion of Boudinot for the sd Ptffs in certiorari Judgmt is order'd for the Plffs and that the Judgment of the Justice in the Court below be revers'd and the said Plaintiffs be restored to all Things &c Nisi &c -- |
| The Same v. The Same |
} | On like Motion it is order'd that the Deft shew Cause by the next Term why the Judgment given in this Cause should not be entered Nunc pro tunc, and that Council for the Defendant present here in Court take Notice accordingly |
| Elisha Walton ads John Holmes and Solomon Ketcham |
} | On Motion of Mr. Morris for the Deft Order'd that the Plaintiffs do shew Cause by next Term why a new Trial in this Cause should not be order'd & that the Plaintiffs Council now present in Court take Notice accordingly - |
Nov. 16, 1780 [ page 365 ]
| Elisha Walton ads John Holmes and Solomon Ketcham |
} | The Court having heard the Arguments of Council agreeable to the Rule enter'd last Term for the Defts in Error to shew Cause, why the Judgment given in this Cause should not be enter'd Nunc pro tunc, do order on motion of Mr. Bloomfield for the Defts in Error that the same be discharg'd -- Discharg'd accordingly |
| The Same v. The Same |
} | By Consent of both Parties and their Attorneys & Cause not being shewn agreeable to the Rule of last Term, the Court do order on like Motion that the same be made absolute and that a new Trial be had on this Cause in the Court below, agreeable to Act of Assembly on Payment of Costs---- |
April 11, 1781 [ page 392 ]
| Elisha Walton ads John Holmes and Solomon Ketcham |
} |
Sur Certiorari-- Order'd that the Plffs in Certiorari in this Cause do shew Cause by Thursday in next Term why the Order for payment of Costs, previous to having a new Trial in the Court below the Rule of last Term should not be set aside. On Motion of Morris for Mr Bloomfield Attorney for the Defendt in Certiorari |
Sept. 12, 1781 [ page 440 ]
| Elisha Walton ads John Holmes and Solomon Ketcham |
} |
In Error sur Certiorari to John Anderson Esqr On Motion of Mr. Bloomfield for the Def't in Error, It is Ordd that the Plff in Error file their Reasons in Error by the first Day of next Term or become Non-pross'd-- |
Sept. 13, 1781 [ page 443 ]
Monmouth Writts
| John Holmes and Solomon Ketcham v. Elisha Walton |
} | Certiorari-- ret'd with proceedings and filed | } | Wilcocks |
Nov. 17, 1781 [ page 464 ]
| John Holmes and Solomon Ketcham agt. Elisha Walton |
} |
On Certiorari On Motion of Mr. Wilcocks Attorney for the Defendents in Error in this Cause, Ordered that the Reasons filed therein be argued on Wednesday in the next Term |
Friday, April 4, 1783 [ pages 169-170 ]
| Elisha Walton atstof John Holmes and Solomon Ketcham |
} |
On cert. The Court having heard and duly considered the Arguments of the Counsel of both Parties in this Cause do order the Judgmt of the Court below to stand confirmed in all Things and that the Plaintiffs in Certiorari pay to the Defendent his Costs on like Motion. |
Saturday, April 5, 1783 [ page 175 ]
| Elisha Walton atstof John Holmes and Solomon Ketcham |
} |
On Cert. to John Anderson Esq. of Monmouth The Court having heard the State of Facts taken in this Cause and the Reasons in Error assigned, [read] and the Arguments of Counsel thereon, and duly considered the same, do order, on motion of Mr. Bloomfield Attorney for Defendant tht the Judgmt given by the said John Anderson Esq be in all Things confirmed with Costs unless &c. |