IV. Decision of United States Circuit Court in Livingston v. Jefferson
Thursday—December the 5th 1811.
Present John Marshall esqr—chief Justice of the united States.
This day came the parties by their attornies, and thereupon the defts demurrer to the plts replication to the defts plea to the Jurisdiction of the Court, being argued and adjudged good; It is considered by the Court that the plt take nothing by his bill but for his false clamour be in mercy &a and that the deft go thereof without day and recover against the plt his costs by him about his defence in this behalf expended.
MS (Vi: U.S. Circuit Court, Virginia District, Order Book, 9:44); in a clerk’s hand; with John Marshall’s signature approving the record of the day’s proceedings. Tr (DLC); entirely in Alexander Lithgow’s hand, including an attestation by William Marshall and notations at foot of text: “Defendants costs $22.44” and “John Wickham esqr of this City is the security for costs”; top of page chipped; endorsed by Lithgow: “Livingston vs. Jefferson } Co. order”; enclosed in Lithgow (for William Marshall) to TJ, 27 July 1812, noted below at TJ to William Marshall, 13 July 1812.
For the demurrer, replication, and plea, see Plea in Livingston v. Jefferson on Ground of Jurisdiction, [ca. 28 Feb. 1811], and note. By ruling that TJ as defendant could depart without day, the court was dismissing the case against him (Black’s Law Dictionary description begins Bryan A. Garner and others, eds., Black’s Law Dictionary, 7th ed., 1999 description ends ).