THE DECISIONS OF THE Supreme Court of the United States, AT JANUARY TERM, 1828. 1*]. CLEMENT S. HUNT, Appellant, V. CHRISTOPHER RHODES, William Ennis, and but which was not so, will not give the right of in- not a ground for reforming a deed founded on such If the obligee of a joint bond, by two or more, Mistake in written instrument-equity-igno- equity will not afford relief, against the legal con rance of law-of fact. It is a principle of equity, that, when an instrument is drawn and executed, which professes, or is intended, to carry into execution an agreement, whether in writing or by parol, previously entered into; but which, by mistake of the draftsman, either in fact or in law, does not fulfill, or which violates the manifest intention of the parties to the agreement; equity will correct the mistake, so as to produce a conformity of the instrument to the agreement. [13] The execution of instruments, fairly and legally entered into, is one of the peculiar branches of equity jurisdiction; and a court of equity will compel a delinquent party to perform his agreement, according to the terms of it, and to the manifest intention of the parties. [13] sequences; although the release was given under a It seems, that there may be cases in which a insolvent estate. [17] THE So, if the mistake exist, not in the instrument, which is intended to give effect to the agreement, but in the agreement itself, and is clearly proved to have been the result of ignorance of some material HE appellant filed a bill on the chancery fact; a court of equity will, in general, grant relief, States, for the District of Rhode Island, setting side of the Circuit Court of the United which it is sought. [13] according to the nature of the particular case in forth, that, in January, 1820, Lewis RousmanIf an agreement was not founded on a mistake of iere obtained from him two loans of money, any material fact, and if it was executed in strict amounting, together, to $2,150; and, at the conformity with itself, it would be unprecedented time the first loan was made, Rousmaniere of for a court of equity to decree another security to fered to give, in addition to his notes, a bill of be given, different from that which had been agreed had, in to treat the case as if such other security sale, or mortgage, of his interest in the brig had, in fact, been agreed upon and executed. [14] Nereus, then at sea, as a collateral security for their agreements, but it has no power to make the delivery of the first note, dated 11th of Courts of equity may compel parties to execute the repayment of the money. A few days after January, 1820, he executed a power of attor agreements for them. parties, and the consequent inefficiency of the seThe death of one of the curity selected, intended to be valid and complete, ney, authorizing the plaintiff to make and exe mistake of law. to show a mistake in law as a ground for reform- Wheaton, 9 Conn. 96. NOTE-Whether equity will relieve against a Washington, supra, in which all seemed to con- rance of law, and mistake of the law. Eq. Jur. 62. Pullen v. Ready, 2 Atk. 591; Stockley v. Stockley, 1 Ves. & B. 23, 30; Frank v. Frank. 1 Ch. Cas. 84; Mildway v. Hungerford, 2 Vern. 243; Shotwell v. MurMillard's Ch. 51; Storrs v. Baker, 6 John. Ch. 109, 170; 1 Story, Eq. Jur. sec. 113, 116 to 138; Clarke v. The doctrine that parol evidence is inadmissible Dutcher, 9 Con. 674; Irnham v. Child, 1 Bro. Ch. Feters 1. XI. It is ordered by the court, That the clerk | ment, h of the court to which any writ of error shall dismiss be directed, may make return of the same, by transmitting a true copy of the record, and of all proceedings in the cause, under his hand and the seal of the court. February Term, 1797. XII. It is ordered by the court, That no record of the court be suffered by the clerk to be taken out of his office, but by the consent of the court; otherwise to be responsible for it. August Term, 1797. XIII. Ordered, That the plaintiff in error be at liberty to show, to the satisfaction of this court, that the matter in dispute exceeds the sum or value of $2,000, exclusive of costs; this to be made to appear by affidavit, and day's notice to the opposite party, or their counsel, in Georgia. Rule as to affidavits to be mutual. August Term, 1800. XIV. Ordered, That counselors may be admitted as attorneys in this court, on taking the usual oath. August Term, 1801. XV. It is ordered, That in every cause, when the defendant in error fails to appear, the plaintiff may proceed ex-parte. August Term, 1801. XVI. It is ordered, That where the writ of error issues within thirty days before the meeting of the court, the defendant is at liberty to enter his appearance, and proceed to trial; otherwise the cause must be continued. February Term,1803. XVII. In all cases where a writ of error shall delay the proceedings on the judgment of the Circuit Court, and shall appear to have been sued out merely for delay, damages shall be awarded at the rate of ten per centum per annum, on the amount of the judgment. February Term, 1803. XVIII. In such cases, where there exists a real controversy, the damages shall be only at the rate of six per centum per annum. In both cases the interest is to be computed as part of the damages. viii*] *XIX. All causes, the records of which February Term, 1803. shall be delivered to the clerk on or before the sixth day of the term, shall be considered as for trial in the course of that term. Where the record shall be delivered after the sixth day of the term, either party will be entitled to a continuance. In all cases where a writ of error shall be a supersedeas to a judgment, rendered in any court of the United States (except that for the District of Columbia), at least thirty days previous to the commencement of any term of this court, it shall be the duty of the plaintiff in error to lodge a copy of the record with the clerk of this court, within the first six days of the term; and if he shall fail to do so, the defendant in error shall be permitted, afterwards. to lodge a copy of the record with the clerk, and the cause shall stand for trial, in like manner as if the record had come up within the first six days; or he may, on producing a certificate from the clerk, stating the cause, and that a writ of error has been sued out, which operates as a supersedeas to the judg 24 ments? of Colu this cou In cas it shall errors a court b the con thereaft clerk, a if he sh assign t trial, tl his cost plead to trial, th ment or judgmen XX. C not bein give sec court, to XXI. court pr davits, c or their the bill this cour attachm sureties said cost XXII. judgmen the part recover i XXIII. permitte defendan XXIV. all cases court, th court, or shall be States. proper, i in any ci ing circui XXV. pers of a preme Co keeping, may mal original I and this original script of time juris admissible mony of commissio XXVI. from any under the no such c terrogator ent, have the said writ of error docketed and smissed. This rule shall apply to all judg ents rendered by the court for the District Columbia, at any time prior to a session of is court. In cases not put to issue at the August term, shall be the duty of the plaintiff in error, if Fors shall not have been assigned in the urt below, to assign them in this court, at X. Ordered, That all parties in this court, February Term, 1808. II. Ordered, That upon the reversal of a February Term, 1810. III. Ordered, That only two counsel be . Whenever it shall be necessary or in the opinion of the presiding judge circuit court, or district court exercis cuit court jurisdiction, that original paany kind should be inspected in the SuCourt upon appeal, such presiding judge ake such rule or order for the safe, transporting, and return of such papers, as to him may seem proper; s court will receive and consider such papers in connection with the tranthe proceedings. February Term, 1817. In all cases of admiralty and mariisdiction, where new evidence shall be le in this court, the evidence by testiE witnesses shall be taken under a on, to be issued from this court, or circuit court of the United States, e direction of any judge thereof; and commission shall issue, but upon in. ries to be filed by the party applying ORDERS OF COURT. for the commission, and notice to the opposite | judgment or decree wa party, or his agent or attorney, accompanied cause, and certifying th with a copy of the interrogatories so filed, to appeal had been duly s file cross interrogatories, within twenty days trom the service of such notice. Provided, how ever, that nothing in this rule shall prevent any party from giving oral testimony in open court in cases where by law it is admissible. February Term, 1817. XXVII. After the present term, no cause standing for argument will be heard by the court, until the party shall have furnished the court with a printed brief, or abstract of the cause, containing the substance of all the ma terial pleadings, facts and documents, on which the parties rely, and the points of law and fact intended to be presented at the argument. February Term, 1821. XXVIII. Whenever, pending a writ of error, shall be printed by authority, three successive XXX. No cause will til a complete record s in itself, without refer papers, exhibits, depos ceedings, which are nece this court. XXXI. No certiorari record shall be hereafte unless a motion there founded shall, if not writing, and the facts party, be verified by a tions for such certiorar *first term of the ent otherwise the same sha less upon special cause counting satisfactorily XXXII. In all cases o jurisdiction, heard in t shall hereafter be allow admissibility of any de other exhibit, found in unless objection was tal below, and entered of shall otherwise be dee mitted by consent. the sitting of the cour XXXIII. On Saturda required by the rules o the docket, shall be er shall have entered upon such motions shall be upon the docket. XXXIV. Ordered, T term, no original recor the Supreme Court roo the clerk of this court. There having been o tion, It is ordered, Th the Supreme Court app ment be made of the C sociate justices of the Congress in such cases among the circuits, ag For the first circuit XXIX. In all cases where a writ of error, or an appeal shall be brought to this court, from any judgment or decree rendered thirty days before the term to which such writ of error or appeal shall be returnable, it shall be the duty of the plaintiff in error, or appellant, as the case may be, to docket the cause, and file the record thereof, with the clerk of this court, Thompson. within the first six days of the term; on failare to do which the defendant in error, or ap- Washington. peilee, as the case may be, may docket the ause, and file a copy of the record with the Duval. For the fourth circ erk, and thereupon the cause shall stand for For the third circu For the fifth circuit For the sixth circu trial, in like manner as if the record had been shall, Ch. Justice. duly filed within the first six days of the term; (at his option, he may have the cause dock Johnson. ted and dismissed, upon producing a certifi For the seventh cir ate from the clerk of the court, wherein the Trimble. JUDGES OF THE SUPREME COURT OF THE U DURING THE TIME OF THES The HON. JOHN MARSHALL, Chief Jusi The HON. BUSHROD WASHINGTON, Ass The HON. WILLIAM JOHNSON, Associat The HON. GABRIEL DUVAL, Associate Ju The HON. JOSEPH STORY, Associate Ju The HON. SMITH THOMPSON, Associate The HON. ROBERT TRIMBLE, Associate J WILLIAM WIRT, ESQ., Attorney-Genera WILLIAM THOMAS CARROLL, ESQ., Cler States. TENCH RINGOLD, ESQ., Marshal. |