Hancock v. Hillegas

U.S. Circuit Court for the District of Pennsylvania

Hancock v. Hillegas

11 F. Cas. 401, 2 U.S. 380, 2 Dall. 380

CourtU.S. Circuit Court for the District of Pennsylvania

DecidedJuly 1, 1797

StatusPublished

Cited by1 cases

This text of 11 F. Cas. 401 (Hancock v. Hillegas) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hancock v. Hillegas, 11 F. Cas. 401, 2 U.S. 380, 2 Dall. 380 (circtdpa 1797).

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Opinion

BY

THE COURT.

The agreement is to enter judgment for what may be due. The plaintiff has no right to decide the question. It is evident, from the terms of the agreement, that there was something to settle; and the plaintiff, either by arbitration, or by a jury, should have proceeded to make the settlement, with notice to the defendant, before he entered the judgment; or, at least before he issued the execution. The rule made absolute.

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BY

THE COURT.

The agreement is to enter judgment for what may be due. The plaintiff has no right to decide the question. It is evident, from the terms of the agreement, that there was something to settle; and the plaintiff, either by arbitration, or by a jury, should have proceeded to make the settlement, with notice to the defendant, before he entered the judgment; or, at least before he issued the execution. The rule made absolute.

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Bluebook (online)

11 F. Cas. 401, 2 U.S. 380, 2 Dall. 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hancock-v-hillegas-circtdpa-1797.

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