1 D.C. 233
District of Columbia District Court
Decided December 15, 1804
District of Columbia District Court · decided 1804-12-15
Debt on an appeal-bond — plea, non est factum. On the trial, Mr. Key, for the defendant, prayed the Court to instruct the jury, “ That if they should be satisfied, by the evidence, that the bond was signed, sealed and delivered by Mary Sweeny, and by J. T. Frost and the defendant, as her sureties, and was afterwards presented to Cornelius Coningham, (the justice who had rendered the judgment,) for his approbation and acceptance of the sureties, and was by him refused and…
Decided 1804-12-15
¶1was of opinion that the instruction prayed by Mr. Key ought to be given; but Kilty, C. J., being of a different opinion, and Fitzhugh, J., being absent, the instruction was not given.
¶2The defendant took a bill of exceptions, and upon a writ of error, the judgment was reversed by the Supreme Court of the United States. See 4 Cranch, 60.