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Todd v. Thompson

Todd Versus Thompson

Todd v. Thompson, 2 U.S. (2 Dall.) 105 (1790)
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Court
Supreme Court of the United States
Decided
June 1, 1790
Citations
2 U.S. 1052 Dall. 105
Cited by 7 Original from court
Summary
THIS cause being marked for trial, it was continued by the plaintiff; whereupon the defendant’s counsel moved for a rule to try at the next term, or non pros. This, however, was opposed, the plaintiff's counsel alledging, that there was no default on his part, as the procrastination arose, in fact, from tire absence of a material witness, and the late arrival of a record from New-Jersey, which was so imperfectly exemplified, that it could not be offered in evidence. To this it was answered, that there had been no subpœna taken out for the absent witness; and that as the action had been depending for more than two years, there was evidently a laches in not obtaining the exemplification sooner.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

By the Court:

It is certainly a great default, that an earlier application was not made for the exemplification ; and *107 that intructions were not given to some person, to see that it was regularly made out. On that ground alone, therefore, the motion must be granted. But even if the plaintiff had not been guilty of a laches ; if it was a misfortune, and not negligence, that had prevented the seasonable arrival of the record, we should still doubt the propriety of refusing the rule.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1805–1806: 11813–1814: 11855–1856: 11879–1880: 12001–2002: 12019–2020: 12023–2024: 118052026peak 1805 · 1

Relies on it most ⓘ

  1. Obermyer v. Nichols6 Binn. 159 (1813)
  2. Rogers v. Burns27 Pa. 525 (1856)
  3. Morgan v. Harnischfeger Corp.791 A.2d 1273 (Pa. Commw. Ct. 2002)
  4. Galbraith v. Walker95 Pa. 481 (1880)
  5. Executors of Pawling v. Administrators of Pawling4 Yeates 219 (1805)
  6. Brashear v. Halliburton Energy Services, Inc.No. 1:20-cv-00505 (E.D. Cal. Aug. 11, 2020)

Most recent

  1. Bearup v. ShinnNo. 2:16-cv-03357 (D. Ariz. Oct. 1, 2024)
  2. Brashear v. Halliburton Energy Services, Inc.No. 1:20-cv-00505 (E.D. Cal. Aug. 11, 2020)
  3. Morgan v. Harnischfeger Corp.791 A.2d 1273 (Pa. Commw. Ct. 2002)
  4. Galbraith v. Walker95 Pa. 481 (1880)
  5. Rogers v. Burns27 Pa. 525 (1856)
  6. Obermyer v. Nichols6 Binn. 159 (1813)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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