15 F. Cas. 828
U.S. District Court
Decided December 15, 1804
U.S. District Court · decided 1804-12-15
Debt on an appeal-bond — plea, non est factum. On the trial, Mr. Key, for defendant [William Oneale], 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…
Decided 1804-12-15
¶1was of opinion that the instruction prayed by Mr. Key ought to be given; but KILTY, Chief Judge, being of a different opinion, and FITZ-HUGH, Circuit Judge, 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 ef the United States. See 4 Cranch [8 U. S.] 60.