79:. (Court reporters in that age received no salary, but were expected to profit from the publication and sale of their compiled decisions.) Dallas continued to collect and publish Pennsylvania decisions in a second volume of his Reports, and when the Supreme Court began hearing cases, he added those cases to his reports, starting towards the end of the second volume, "2 Dallas Reports". Dallas would go on to publish a total of 4 volumes of decisions during his tenure as Reporter.
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taken in a prior case, in an "inferior court" in which the "present defendant" (presumably
Stammers) was also a party. The court held that the deposition from the prior case could not be used as evidence in the case at hand. The court noted that the depositions had not been read into evidence in
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Little is known about the details of the dispute. The first decision discusses a "will" (and not a "testament" as well) and the second decision addresses title in dispute. Thus, it is likely that the dispute involved title to land in the
Pennsylvania Colony, and that at least one of the parties
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lawyer and journalist, had been in the business of reporting these cases for newspapers and periodicals. He subsequently began compiling his case reports in a bound volume, which he called "Reports of cases ruled and adjudged in the courts of
Pennsylvania, before and since the Revolution". This
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claimed right to the land under a will. (At common law, real estate was bequeathed by use of a "will" and personal property—what was then known as "chattels"—was bequeathed by a "testament".) The issue addressed by the colonial court in the first decision was whether an
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In 1874, the U.S. government created the United States
Reports, and numbered the volumes previously published privately as part of that series, starting from the first volume of Dallas Reports. The four volumes Dallas published were retitled volumes 1 - 4 of
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When the United States
Supreme Court, along with the rest of the new Federal Government, moved in 1791 to the nation's temporary capital in Philadelphia, Dallas was appointed the Supreme Court's first unofficial and unpaid
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In the same way that it is not clear what Court issued these decisions, it is not clear what "inferior court" handled the prior case in which the deposition was taken.
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The report of both decisions are quite short by today's standards; they are one sentence apiece. Thus, both appear on a single page, and both share the same citation.
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The Oliver
Wendell Holmes Devise History of the Supreme Court of the United States Volume 1: Antecedents and Beginnings to 1801
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was admissible as evidence before the
Pennsylvania colonial court hearing the case. The Court held that it was admissible.
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of will (an official copy, certified or authenticated as a true copy, to be used as evidence) which was made in the
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None of the decisions appearing in the first volume and most of the second volume of the
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courts, dating from the colonial period and the first decade after
Independence.
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166:
A Guide to the Early
Reports of the Supreme Court of the United States
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Colonial and Early State Court Cases in the United States
Reports
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would come to be known as the first volume of "Dallas Reports."
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Oxford Companion to the Supreme Court of the United States
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Oxford Companion to the Supreme Court of the United States
168:, (Fred B. Rothman & Co, Littleton Colorado, 1995
30:, 1 U.S. (1 Dall.) 2 (Pa. 1759) are decisions of the
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87:. Thus, the complete citation to Lessee of
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16:Two 1759 decisions of Pennsylvania courts
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36:Pennsylvania was still a British colony
164:Cohen, Morris and O'Connor, Sharon H.
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24:, 1 U.S. (1 Dall.) 2 (Pa. 1759) and
152:from the Caselaw Access Project of
91:is 1 U.S. (1 Dall.) 2 (Pa. 1759).
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132:United States Reports, volume 1
54:are actually decisions of the
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222:1 U.S. (1 Dall.) 2 (Pa. 1759)
111:The second decision involved
32:Supreme Court of Pennsylvania
220:Lessee of Weston v Stammers,
106:Canterbury prerogative Court
246:Pennsylvania state case law
56:United States Supreme Court
27:Lessee of Lewis v. Stammers
21:Lessee of Weston v Stammers
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68:Philadelphia, Pennsylvania
181:(Oxford 1992), p 215, 727
191:Black's Law Dictionary
77:Supreme Court Reporter
212:Goebel, Jr., Julius,
85:United States Reports
52:United States Reports
40:United States Reports
241:1759 in Pennsylvania
205:Hall, Kermit, ed.
177:Hall, Kermit, ed.
154:Harvard Law School
89:Weston v. Stammers
216:(Macmillan, 1971)
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