Smith ex rel. Higden v. Queen

District of Columbia

Smith ex rel. Higden v. Queen

1 D.C. 483

CourtDistrict Court, District of Columbia

DecidedJune 15, 1808

StatusPublished

This text of 1 D.C. 483 (Smith ex rel. Higden v. Queen) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith ex rel. Higden v. Queen, 1 D.C. 483 (D.D.C. 1808).

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Opinion

If the defendant can defeat the plaintiff before a justice of the peace, by not pleading discount, &c., and can defeat the plaintiff in this Court by pleading discount, the plaintiff would be totally defeated.

The plaintiff cannot always ascertain what sum he ought to credit. The defendant may refuse to settle accounts, &c. Curia advisare vult. December term, 1808, judgment of nonpros, was entered. See Woollet v. Cloutman, Doug. 244; Wase v. Wyburd, Id. 246; Ailway v. Burrows, Id. 263; Wiltshire v. Lloyd, Id. 381, 382; Pitts v. Carpenter, 2 Str. 1191.

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If the defendant can defeat the plaintiff before a justice of the peace, by not pleading discount, &c., and can defeat the plaintiff in this Court by pleading discount, the plaintiff would be totally defeated.

The plaintiff cannot always ascertain what sum he ought to credit. The defendant may refuse to settle accounts, &c. Curia advisare vult. December term, 1808, judgment of nonpros, was entered. See Woollet v. Cloutman, Doug. 244; Wase v. Wyburd, Id. 246; Ailway v. Burrows, Id. 263; Wiltshire v. Lloyd, Id. 381, 382; Pitts v. Carpenter, 2 Str. 1191.

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Bluebook (online)

1 D.C. 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-ex-rel-higden-v-queen-dcd-1808.