Alexander v. Harris

U.S. Circuit Court for the District of District of Columbia

Alexander v. Harris

1 F. Cas. 365, 1 Cranch 243

CourtU.S. Circuit Court for the District of District of Columbia

DecidedJune 15, 1805

StatusPublished

This text of 1 F. Cas. 365 (Alexander v. Harris) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. Harris, 1 F. Cas. 365, 1 Cranch 243 (circtddc 1805).

Pincite

Opinion

But THE COURT thought the avowry was prima facie evidence of the amount for which the distress was made. The act is peremptory. The court is bound by the evidence given at the trial, and cannot now, after verdict, go into new evidence. It is not necessary that the avowry should pray judgment for double rent, but if it concludes, “prays judgment for a return, &c.,” and for the damages and costs, according to law, it is sufficient to support the judgment for double rent.

Judgment for double rent.

FITZHUGH, Circuit Judge, absent.

[NOTE. This judgment was affirmed by the supreme court. 4 Crunch, (18 U. S.) 299.]

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But THE COURT thought the avowry was prima facie evidence of the amount for which the distress was made. The act is peremptory. The court is bound by the evidence given at the trial, and cannot now, after verdict, go into new evidence. It is not necessary that the avowry should pray judgment for double rent, but if it concludes, “prays judgment for a return, &c.,” and for the damages and costs, according to law, it is sufficient to support the judgment for double rent.

Judgment for double rent.

FITZHUGH, Circuit Judge, absent.

[NOTE. This judgment was affirmed by the supreme court. 4 Crunch, (18 U. S.) 299.]

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Bluebook (online)

1 F. Cas. 365, 1 Cranch 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-harris-circtddc-1805.