United States v. Gurney

U.S. Circuit Court for the District of Pennsylvania

United States v. Gurney

26 F. Cas. 58, 1 Wash. C. C. 446

CourtU.S. Circuit Court for the District of Pennsylvania

DecidedApril 15, 1806

StatusPublished

This text of 26 F. Cas. 58 (United States v. Gurney) 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

United States v. Gurney, 26 F. Cas. 58, 1 Wash. C. C. 446 (circtdpa 1806).

Pincite

Opinion

BV THE COURT.

The replication is certainly double, as either non-payment on the day, or non-acceptance in satisfaction, is an answer to the plea, though perhaps not a legal one; but if not so. both together cannot be. They are perfectly distinct matters, 'and not the component parts of a plea. But, as this determination would require us to decide upon the validity of the bar set up to the plea, which is attended with great difficulty, we think it best to adjourn the cause to the supreme court, upon a disagreement of the judges; which, however, is not real.

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BV THE COURT.

The replication is certainly double, as either non-payment on the day, or non-acceptance in satisfaction, is an answer to the plea, though perhaps not a legal one; but if not so. both together cannot be. They are perfectly distinct matters, 'and not the component parts of a plea. But, as this determination would require us to decide upon the validity of the bar set up to the plea, which is attended with great difficulty, we think it best to adjourn the cause to the supreme court, upon a disagreement of the judges; which, however, is not real.

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Bluebook (online)

26 F. Cas. 58, 1 Wash. C. C. 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gurney-circtdpa-1806.