(Download) "Benjamin I. Gilman, Plaintiff in Error v. Peter G. Rives" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Benjamin I. Gilman, Plaintiff in Error v. Peter G. Rives
- Author : United States Supreme Court
- Release Date : January 01, 1836
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This a writ of error to the circuit court for the district of west Tennessee. The plaintiff in error, Gilman, brought an action of debt against the defendant in error, Rives, upon a joint judgment rendered in his favour against Rives and one Leonard H. Lyne, in the circuit court for the district of Kentucky. The declaration is in the following terms: 'For that whereas the said Benjamin Ives Gilman, Jun., heretofore, to wit, at the November term, in the year of our Lord 1829, of the seventh circuit court of the United States, sitting in and for the district of Kentucky, at Frankfort in said state, before, &c., by the consideration and judgment of the said court, recovered against the said Peter G. Rives and one Leonard H. Lyne the sum of 6860 dollars, then and there adjudged to the said B. I. Gilman, Jun. for his damages, which he had sustained by reason of the non-performance of the defendant and the said Leonard H. Lyne, of certain promises and undertakings then lately made by them to the plaintiff, and also his costs and charges by him about his suit in that behalf expended, whereof the said Peter G. Rives, the present defendant, and the said Leonard H. Lyne were convicted, as by the records, &c., which said judgment still remains in full force and effect, &c.; whereby an action hath accrued to him the said B. I. Gilman, Jun., to demand and have of the defendant the said sum of 6860 dollars above demanded; yet the defendant, though often requested, &c.' To this declaration there was a general demurrer filed; and upon the joinder in demurrer, the circuit court gave judgment in favour of the defendant, 'that the declaration aforesaid and the matters in the same contained, are not good and sufficient in law to enable the plaintiff to have and maintain his action aforesaid,' &c.
 "Benjamin I. Gilman, Plaintiff in Error v. Peter G. Rives" by United States Supreme Court # eBook PDF Kindle ePub Free){kind=link}