Craig v. Richards

U.S. District Court

Decided April 15, 1802

U.S. District Court · decided 1802-04-15

Assumpsit for money had and received. The defendant was indorser of Robert Alexander’s note. Suit had been brought against Alexander in the Dumfries district court in Virginia, and execution returned nulla bona. and that the original note was by him filed in that cause in the district court at Dumfries.

Decided 1802-04-15

¶1But

THE COURT,

¶2being inclined to think that they could not compel the clerk to bring his records out of Virginia, refused to instruct the jury that it was necessary for the plaintiff to produce the original note.

¶3Bill of exceptions taken, but no writ of error was prosecuted.