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From Joseph Story

My dear Sir

I have not yet completed my Circuit & shall defer to a future time a statement of the decisions which have been already made— My present object in writing is to ascertain what has been the practice, if any, in the District or circuit Courts of Pennsylvania & New Jersey upon Summary applications to repeal patents under the 10th Sect. of the Patent act 1793. A case is now before me from the District Court upon a writ of error from its decisions under that Section— Several questions have arisen. 1. whether upon the rule's being made absolute, the process to repeal &c. is a process to shew cause why the patent should not be repealed, in the nature of a scire facias at the common law to repeal patents; or the process is absolute to repeal the patent without a further hearing. 2. Supposing the process in the nature of a scire facias, whether any issue of fact is to be tried by a jury, or by the Court—alone—3. whether the Judgt of the District Court is conclusive, or subject to the appellate Jurisdiction of the circuit court under the Judiciary Act of 1789. ch. 20 & the act of 3 March 1803. ch. 93. If upon all or any of these questions you can give me any information as to the practice in your circuit you will greatly oblige me. I am very truly & affectionately & with the highest respect your obliged friend

Joseph Story

Source Note

ALS, ViMtvL: Bushrod Washington Family Papers. Joseph Story addressed the letter to "The Honorable Mr Justice Washington of the Supreme Court of the U.S. now at Philadelphia Penna." However, the address was later crossed out and rewritten as "Mount Vernon near Alexandria Virginia" with a note that read "Recd & forwarded by Your devoted friend & Humble Servt Robert Adams, Philada 15 Novr 1816. The cover is postmarked, "Phil. 10 Nov," with another postmark that is illegible.