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The New Hampshire Gazette
Portsmouth, Rockingham County, New Hampshire
What is this article about?
In Philadelphia's U.S. Circuit Court on May 25, printer C.P. Wayne was discharged from an attachment motion due to procedural irregularities in the affidavit and rule titling. A corrected rule for contempt was issued on May 26, requiring his appearance.
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Mr. Wayne, the Printer, discharged.
In the Circuit Court of the United States, this morning, the motion for attachment against C. P. Wayne arising, Mr. Chauncey, on the part of the defendant, stated that he would now move to the court that Mr. Wayne should be discharged. This motion he grounded on an informality which appeared both in the affidavit and the rule issued in this case. It appeared from the various authorities, which he cited, that in these cases the affidavit should be entitled on the civil side, as also the rule to show cause. In the present instance, the affidavit was not entitled at all, and the rule was mistitled, being instead of William Duane vs. C. P. Wayne, the U. S. of America vs. C. P. Wayne. This error, Mr. Chauncey observed, was material: and he trusted would be thought sufficient by the court for granting a discharge.
Mr. Dickinson made some remarks and was followed by the Attorney General on the same side.
Mr. Wallace on the part of Mr. Wayne, added some remarks, with additional authorities, in support of Mr. Chauncey's motion.
The Court then delivered their opinion, which was, that the proceedings, proving to be irregular, the motion for a discharge must be granted.
May 26.
A new rule has been taken out against Mr. Wayne, in the form prescribed by the judges, for contempt of Court, in consequence of the error in the former rule; and he is to appear this day.
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Where did it happen?
Domestic News Details
Primary Location
Philadelphia
Event Date
May 25 26
Key Persons
Outcome
motion for discharge granted due to irregularities in affidavit and rule; new rule taken out for contempt of court
Event Details
In the U.S. Circuit Court, Mr. Chauncey moved for C. P. Wayne's discharge based on informalities in the affidavit and rule, including lack of entitlement and mistitling as U.S. vs. Wayne instead of William Duane vs. Wayne. Supported by authorities and remarks from Mr. Dickinson, Attorney General, and Mr. Wallace. Court ruled proceedings irregular and granted discharge. On May 26, a new rule in proper form was issued against Wayne for contempt, requiring appearance that day.