Hunter's Lessee v. Kennedy, 1. Dall. 81 (C.P. Phila. Cty. 1784), Rivers v. Walker, 1. Dall. 81 (C.P. Phila. Cty. 1784) and Carlisle v. Cunningham, 1. Dall. 81 (C.P. Phila. Cty. 1784)

Common Pleas, Philadelphia County.

June Term, 1784.

Hunter's Lessee versus Kennedy.

On motion to put off the trial of this cause, Sergeant tendered the affidavit of John Adams (who called himself the landlord of the defendant, and declared interested in the suit) to prove the absence of a material witness.

Lewis and Coxe objected, for the plaintiff, that the affidavit should be made by the defendant himself.

But the Court received the affidavit, and ordered the trial off.

Hunter's Lessee v. Kennedy, 1 U.S. 81, 1. Dall. 81 (C.P. Phila. Cty. 1784)

Rivers versus Walker.

It was ruled in this cause, that notice of the time and place of the meeting of referrees, must be served on the party himself, and not on his attorney; unless it be otherwise specified in the rule of referrence.

For a contrary practice, the report, in the present instance, was set aside, on motion of Lewis, in behalf of the defendant, opposed by Ingersol, for the plaintiff.

Rivers v. Walker, 1 U.S. 81, 1. Dall. 81 (C.P. Phila. Cty. 1784)

Carlisle et ux. versus Cunningham.

Levy obtained a rule to shew cause, why a house which had been delivered to the plaintiffs on a liberari facias, that issued in this cause, should not now be surrendered to the vendee of the defendant, upon his bringing into court, the principal, interest, and costs.

On the 9th of August, Lewis and Sergeant showed cause, and the rule was discharged; the Court being unwilling to go into the matter in a summary mode, upon mere motion, and expressing their dislike of the ampliare jurisdictionem. The principal question was, therefore, left undetermined.*

* This motion was made when house rent was rising very rapidly, and the defendant's house, in the present instance, was extended at a very moderate valuation: the residue of the term was, therefore, a great object to both parties. I have not heard, however, of any other attempt being made by the defendant; but, I think, the Court recommended the Venire Facias ad computandum, which issues in England, where tenant by Elegit holds over, after being satisfied for debt and costs.

Carlisle v. Cunningham, 1 U.S. 81, 1. Dall. 81 (C.P. Phila. Cty. 1784)

Last modified: December 11, 2014