“This was a writ of error from the judgment of the District Court. The original action was assumpsit for money bad and received, brought by the United States against the defendant in error, as administrator of the estate of Col. John L. Tuttle, deceased. The defendant pleaded, 1. The general statute of limitations of Massachusetts, (substantially like the statute of 21 Jac. ch. 16, § 3,) to personal actions; 2. the statute of Massachusetts, limiting suits against executors and administrators to four years after the acceptance of the trust; 3.

“Libel for mariners’ wages and salvage, certified from the District Court on account of the interest of the District Judge, pursuant to the statutes of 8th of May, 1792, ch 36, § 11, and of 3d of March, 1821, ch. 51. The original libel was for mariners’ wages; but as amended it wore a double aspect, asserting a right to wages, and if that could not be sustained, claiming a right to salvage equivalent to wages.

“Assumpsit on a policy of insurance dated the 2d of June, 1821, whereby ‘Robinson Potter for account of James Barker, or Robinson Potter, or both, made assurance,’ &c. ‘lost or not lost, arrived or not arrived, 4000 dollars, at and from Bristol in England, to a port of discharge in the United States, on cargo on board the brig Tom Hazard.’ The loss alleged was a total loss by the perils of the sea, in foundering at sea. Upon the trial of the case upon the general issue, the following facts were admitted or proved.

“This was a bill in equity brought by two of the heirs at law of Comfort Wheaton, deceased, which charged, that on the 9th of May, 1805, Comfort Wheaton was seized of certain real estate in Providence; that he was then infirm and weak, both in body and mind, being very old, viz.

“Leave having being granted to amend the bill under the intimation of the court at the last term, the plaintiff now filed an amendment to the bill.

“Bill in equity brought by the United States, as trustees of the Newport Bank, against the defendants as administrators of the estate of Lewis Rousmaniere. The bill in substance states, that the Newport Bank is a bank of deposit of the United States for the revenue collected in that district, and agent for the collection of such revenue.

“Action for a malicious prosecution. The plaintiff produced the record, of the indictment in the mayor’s court of this city for larceny, which the grand jury returned ignoramus. The plaintiff proved that the defendant, Mountford, put into the hands of a constable of the city a warrant to arrest the plaintiff on a charge of larceny, issued by Mr Badger, one of the aldermen. A search warrant for the goods supposed to have been stolen had previously been delivered to him, which proved ineffectual in the search.

“This case came before the court upon, a rule to show cause, why the judgment against Sullivan should not be set side. The facts of the case are the following: In the year 1800, an amicable action of account render, was entered in this court by the plaintiff, against the defendants. The agreement on the part of the defendants was signed by Strawbridge, and a judgment quod computent was entered on the 21st of October, in the same year. The declaration states the plaintiff to be a citizen of Georgia, Strawbridge a citizen of Pennsylvania, and Sullivan a citizen of Massachusetts.

“Indictment for serving on board a vessel employed in transporting a slave from the island of St Thomas, to the island of Cuba; contrary to the act of the 10th of May 1800., See Vol. III. of the Acts of Congress, page 382, section 2.

“Action of assumpsit to recover from the defendant $2091, the balance of an account due from the former co-partnership of Lindsay and Tomlinson. The facts of the case, as opened and proved by the defendant’s counsel, were as follow. Lindsay and Tomlinson entered into partnership some time in October 1815, under the firm of Lindsay and Tomlinson, and after contracting with the plaintiffs the debt in question, they dissolved their connection, some time in January 1816, upon the terms that Tomlinson should retain the partnership funds, and pay all the debts due from the concerns. Immediately.