TitleCitationYearSummaryMost RelevantTypeStatus
Hawkins v. State 7 Mo. 190, Supreme Court of Missouri (September 01, 1841) 1841 Rebecca Hawkins was indicted, tried and sentenced to imprisonment in the penitentiary for mingling poison with the food and drink of her husband. From the judgment of the Circuit Court she appealed to this court, and now assigns for error, that there was no issue joined in the cause; and the admission of improper evidence on the trial. In...   Cases  
Head v. Beaty 5 Howard 480, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 The defendant upon whom the execution is levied, may give a forthcoming bond without the concurrence of his co-defendants in the bond.   Cases  
Hereford v. Chase 1 Rob. (LA) 212, Supreme Court of Louisiana (December 01, 1841) 1841 Appeal from the Commercial Court of New Orleans, Watts, J.   Cases  
Hermann, Briggs & Co. v. Hootsell 18 La. 419, Supreme Court of Louisiana (May 01, 1841) 1841 Appeal from the parish court for the parish and city of New Orleans. This is an action on a promissory note, executed jointly and severally by Mrs. A. M. Glasscock and John Hootsell, at Natchez, on the 27th of March, 1838, payable eight months after date, to the order of Samuel Cotton, for $1944 89. The suit was commenced by attaching property of...   Cases  
Hill v. Bishop 2 Ala. 320, Supreme Court of Alabama (January 01, 1841) 1841 1. Judges have often perplexed themselves and others, by endeavoring to ascertain determinate and arbitrary rules under which to class all covenants. After repeated failures in such efforts to settle rules, it seems now to be generally conceded, that the safest and best course is, to ascertain what was the intention of the parties from the...   Cases  
Hooper v. Hyams 1 Rob. (LA) 90, Supreme Court of Louisiana (October 01, 1841) 1841 This case was tried before the District Court of Rapides, Boyce, J. The plaintiff and Isaac Thomas, his security, have appealed from a judgment dissolving an injunction with damages. The defendant was testamentary executor of George Gorton, deceased.   Cases  
Huey v. Drinkgrave 19 La. 482, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the court of the seventh judicial district, for the parish of Ouachita, the judge of the fifth presiding. This is an action to recover $350, the balance due on a note given for the sale and purchase of plaintiff's improvement on United States land. The act of sale was passed in August, 1839, and expresses on its face, that the plaintiff...   Cases  
Huie v. Brazeale 19 La. 457, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the court of the sixth district, for the parish of Natchitoches, the judge thereof presiding. This is an action against the indorser of a promissory note, dated the 15th February, 1837, payable twelve months after date, to the order of the defendant, and by him and others indorsed. The note was made payable in New Orleans, and became...   Cases  
Hurd v. Smith 5 Howard 562, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 It seems the same strictness will not be required in pleadings in the probate court, as in a court of chancery, unless chancery proceedings are adopted. Decrees of the probate court may be impeached for fraud. A charge of fraud must invariably be answered; and this rule applies to the probate court when chancery proceedings are resorted to in that...   Cases  
Hutchins v. Hope 12 G. & J. 244, Court of Appeals of Maryland (December 01, 1841) 1841 If the answer swears away or denies the equity stated in the bill, the injunction granted on the bill will be dissolved; but if the equity be admitted or is not denied, or if new matter is set up in the answer by way of avoidance of any material allegation in the bill, the injunction will be continued until the final hearing or further order. An...   Cases  
In re Hooper 3 Harr. 320, Superior Court of Delaware (April 01, 1841) 1841 But the Court said that though the fraud had been alledged and tried, and the issue found for the petitioner (which in this case had not been done, the court considering the statement as not amounting to an allegation of fraud,) yet they must proceed with the hearing of his petition to see whether in other respects he is entitled to his discharge;...   Cases  
In re Hooper 3 Harr. 320 (April 01, 1841) 1841 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
In re Reed's Will 2 B.Mon. 79, Court of Appeals of Kentucky (October 14, 1841) 1841 Will. Mental incapacity: Codicil. APPEAL FROM THE GARRARD COUNTY COURT. THE County Court of Garrard having rejected a document, offered there for probate, as the last will of Alexander Reed, Sr., deceased, the case has been re-tried in this Court, and it is now adjudged that the testimony adduced on the trial here, is sufficient to establish the...   Cases  
Inhabitants of Smithfield v. Inhabitants of Belgrade 19 Me. 387, Supreme Judicial Court of Maine (June 01, 1841) 1841 Where a part of one town has been annexed to another, a pauper residing on the part annexed with one who had contracted with the town to support him, but whose residence had, prior thereto, been in a part not annexed, is not thereby transferred to the town to which the annexation is made--such residence being merely temporary, and not established...   Cases  
Inhabitants of Warren v. Inhabitants of Islesborough 20 Me. 442, Supreme Judicial Court of Maine (July 01, 1841) 1841 No person can maintain an action against a town for supplies furnished to a pauper, but the one who gave the notice to the overseers. If a notice has been given by one furnishing relief to a pauper, and supplies have been furnished by the overseers, believed by them to be sufficient, a new notice is essential to a recovery of the town for supplies...   Cases  
Jackson v. Bridges' Heirs 1 Rob. (LA) 172, Supreme Court of Louisiana (November 01, 1841) 1841 Appeal from the Parish Court for the parish of New Orleans, Maurian, J.   Cases  
Jacobs v. Tricou 17 La. 104, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of probates for the parish and city of New Orleans. This case arises on an application of the widow of Manis Jacobs, deceased, to be confirmed in her office of natural tutrix of her minor children, and as such to have the entire administration of her deceased husband's succession without giving any security. The plaintiff...   Cases  
Jacocks v. Mullen 2 Ired. 162, Supreme Court of North Carolina (December 01, 1841) 1841 The plaintiff filed his petition in the Superior Court of Perquimons, in the April Term, 1841, of said Court, against Benjamin Mullen and Harriet his wife, and Thomas Wilson. The petitioner sets forth that Greenbury Mullen, deceased, formerly of Bertie County, left a last Will and Testament duly executed, of which he appointed his wife Harriet...   Cases  
John v. State 2 Ala. 290, Supreme Court of Alabama (January 01, 1841) 1841 1. The statute of 1836, Aikin's Digest, 2 ed. 614, s. 1, directs that the execution of the judgment shall be suspended in capital cases, whenever points are reserved as novel and difficult, for the decision of the Supreme Court, to a time not less than twenty-five, nor more than forty days, after the commencement of the next succeeding term of the...   Cases  
Johnson v. Glascock 2 Ala. 519, Supreme Court of Alabama (June 01, 1841) 1841 1. There can be no question, we presume, that every Superior tribunal must necessarily possess some means to require obedience to its legitimate mandates, from all subordinate and inferior jurisdictions. Without such means, the relation of superior and subordinate never could be sustained. The authorities cited on behalf of the motion are...   Cases  
Jones v. Crawford 1 McMul. 373, Court of Appeals of Law of South Carolina (May 01, 1841) 1841 A deed executed by a debtor, with the view to defeat, delay, or hinder a creditor, is void. The judgment under which the land is sold, at sheriff's sale, becomes a part of the title of the purchaser. A debtor taking the benefit of the Prison Bounds Act, rendered in his schedule, inter alia, a small tract of land, and assigned his...   Cases  
Jones v. Jones 1 Ired.Eq. 332, Supreme Court of North Carolina (June 01, 1841) 1841 Where a bill is filed for the settlement of co-partnership accounts, and a reference is made to the master to state accounts, he has a right to examine into and report the existence and the terms of the co-partnership, for otherwise he cannot correctly state the accounts. When on such a bill the defendant admits an advance of capital on each side,...   Cases  
Jones v. Mississippi & A. R. R. Co. 5 Howard 407, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 A supercedeas cannot issue in favor of all the defendants, unless they all join in the bond. The obligor in the forthcoming bond cannot be heard to complain that the penalty in the bond is too small. It will be sufficient if the sheriff return the bond forfeited by endorsement on the execution. It is not a valid objection to the forthcoming bond,...   Cases  
Jones v. Paschall 1 Ired.Eq. 430, Supreme Court of North Carolina (June 01, 1841) 1841 It is difficult, perhaps impracticable, to give to the section of the will, which we are called upon to expound, any construction, which may not contravene the words of one or other part of it. The first clause: It is further my will and desire that all of my children, those of my first wife, to wit, Amos Jones, Ruffin Jones and Duffy Jones, and...   Cases  
Jones v. Yarborough 2 Ala. 524, Supreme Court of Alabama (June 01, 1841) 1841 The Circuit Judge, in his charge to the jury, seems to have supposed, that in order to distinguish a disease as chronic, it is necessary that it should have been of long standing. As applied to diseases of the body, chronic and acute are the antithesis of each other. An acute disease is one usually attended with violent symptoms, promising...   Cases  
Kennedy v. Sowden 1 McMul. 323, Court of Appeals of Law of South Carolina (May 01, 1841) 1841 The Town Council of Columbia, under the Act of Incorporation, have the power to enact by-laws, which shall be binding upon the persons and property, not only of the Citizens of the Town, but also of non-residents, when they come within the corporate limits of said town.   Cases  
Kennedy's Heirs v. Kennedy's Heirs 2 Ala. 571, Supreme Court of Alabama (June 01, 1841) 1841 In the examination of this cause, we are to inquire, First: does the law arising upon the bill, answer, and the demurer embraced by the latter, entitle the complainants to the relief they seek. Second: has the case of the complainants been made out by proof? First: Where parties have entered into a contract in writing, in the absence of fraud, the...   Cases  
King's Heirs v. Morris 2 B.Mon. 99, Court of Appeals of Kentucky (October 18, 1841) 1841 Husband and wife. Devises. Trust and trustees. ERROR TO THE BOURBON CIRCUIT. The case stated THE will of James Hutchinson contains, among others, the following clause: I give and bequeath to my daughter, Louisa King, the tract of land lying on Townsend, that I purchased of Morris and Langston, by her paying $1,650 when she gets...   Cases  
Kinsey v. Rhem 2 Ired. 192, Supreme Court of North Carolina (December 01, 1841) 1841 Parol evidence cannot be admitted to add to, substract from or modify a testamentary disposition, but it is properly admissible to identify the things therein described. A. by will devised as follows: I hereunto confirm the property I have heretofore given to my daughter Susan and one dollar to her, her heirs and assigns forever. Uunder this...   Cases  
Kiper v. Nuttall 1 Rob. (LA) 46, Supreme Court of Louisiana (October 01, 1841) 1841 This was an action by the administrator of the estate of Margaret Kiper, deceased, before the District Court for the parish of Catahoula, King, J.   Cases  
Knight v. Murchison 1 Rob. (LA) 31, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal by the intervenor from a decision of the District Court for the parish of Concordia, Tenney, J.   Cases  
Land's Adm'r v. Lacoste 5 Howard 471, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 Where the maker when first applied to refused to acknowledge the validity of his note, alledging that there was some difficulty about the consideration, but subsequently declared that the difficulty was removed, and the note would be paid, he was held to have waived his right to set up failure of consideration against an assignee who had purchased...   Cases  
Lapice v. Clifton 17 La. 152, Supreme Court of Louisiana (February 01, 1841) 1841 Appeal from the court of the second judicial district, for the parish of Terrebonne, the judge of the fourth presiding. This is an action by the indorsee against the maker of a promissory note, indorsed in blank by the payee, and duly protested for non-payment. The defendant denied that the plaintiff was the legal owner and holder of the note, but...   Cases  
Lawson v. Ripley 17 La. 238, Supreme Court of Louisiana (March 01, 1841) 1841 Appeal from the court of probates for the parish of East Feliciana. This is an action by the plaintiffs, as joint administrators of the succession of Gen. E. W. Ripley, deceased, instituted in the court of probates, against the defendant, who is the surviving widow, and alleged to have accepted the community of acquets and gains; praying for a sale...   Cases  
Lepper v. Chilton 7 Mo. 221, Supreme Court of Missouri (September 01, 1841) 1841 This was an action of assumpsit brought by the defendant in error against Lepper, to recover damages for the breach of a special contract between the parties. The bill of exceptions presents the following state of facts. The defendant in error, Chilton, on his way from Virginia to this State, reached Cincinnati, on the morning of the 16th of May,...   Cases  
Lesassier v. Dashiell 17 La. 194, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the fourth district for the parish of Iberville, the judge thereof presiding. This is an hypothecary action by Luke Lesassier against mortgaged property in the possession of the defendant. The plaintiff shows, that he obtained a judgment in 1838, against his tutor, Timoleon Lesassier, for upwards of $17,000, with right of...   Cases  
Lesterjette v. Ford's Ex'rs 1 McMul. 86, Court of Appeals of Law of South Carolina (February 01, 1841) 1841 Where there is only one defendant in a suit in Equity, who has removed from the State, and has no property there, he cannot be made a party, by publication in the gazette. A decree pronounced against an absent administrator, thus attempted to be made a party, is a nullity, and will not sustain an action at Law against the sureties.   Cases  
Levy v. Fitzpatrick 40 U.S. 167, Supreme Court of the United States (January 01, 1841) 1841 Error.Final judgment.Jurisdiction of the circuit court. Mortgagees, in Louisiana, filed in the circuit court, their petition, stating the non-payment of the debt due on their mortgage, and that, by the laws of Louisiana, the mortgage imported a confession of judgment, and entitled them to executory process, which they prayed for. Without any...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Litchfield v. Falconer 2 Ala. 280, Supreme Court of Alabama (January 01, 1841) 1841 It is insisted for the plaintiff, that the Circuit Court erred--1st. In admitting the deposition of Alsobrook to be read to the jury as evidence. 2nd. In rejecting the transcript of the record from the Circuit Court of Sumter, to shew the pendency of a suit in that Court in favor of the defendant, Allen, against the plaintiff. 3rd. In refusing to...   Cases  
Littell v. Zuntz 2 Ala. 256, Supreme Court of Alabama (January 01, 1841) 1841 In England it is almost a matter of course to open the biddings, when a larger sum is offered for the property before the confirmation of the sale, and in some instances afterwards. By a long series of adjudications, it has been perfected into a system; and as the general rule, the bidding will be opened whenever an advance of ten per cent. on the...   Cases  
Lougee v. Colton 2 B.Mon. 115, Court of Appeals of Kentucky (October 20, 1841) 1841 Pleading. Distress for rent. ERROR TO THE JEFFERSON CIRCUIT. As there was a joint demurrer to the three several pleas to the landlord's avowry of distress for rent, the demurrer was properly overruled, if either of those pleas be good. The case stated. 1. The first and third pleas are substantially the same: that is, that when the distress was...   Cases  
Macarty v. Commercial Ins. Co. 17 La. 365, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the first judicial district. This is an action on a policy of insurance, to recover the sum of $2,300, the value at which a house and appurtenant buildings were insured at, in Champs Elysées-street, in New Orleans, and destroyed by fire. The plaintiff alleges, that on the 19th May, 1836, he caused insurance to be made...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Manadue v. Franklin 1 Rob. (LA) 122, Supreme Court of Louisiana (October 01, 1841) 1841 The plaintiff applied to the District Court of the parish of Rapides, Boyce, J., for an injunction to stay all further proceedings by the defendant Franklin, and James M. Wells, sheriff of that parish, under an execution in favor of Franklin, on a judgment against William B. Williamson, Eli M. Justice, and himself. The injunction was granted, and a...   Cases  
Markham v. Calvit's Ex'rs 5 Howard 427, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 Where a judgment was against two partners jointly, the chancellor refused to marshall the securities by decreeing that the partners should each satisfy one-half of the judgment; inasmuch as such a decree would render a joint judgment several in its character, and delay the judgment creditor.   Cases  
Matthis v. Rhea 1 Ired. 394, Supreme Court of North Carolina (June 01, 1841) 1841 It seems to us clear, that it was the intention of the testator to bequeath to the plaintiff, the absolute property in the boy Larkin. To hold that he was excepted out of the gift to his wife, would be to make the testator die purposely intestate as to this boy, for unless he be included in this gift, there is not only no disposition of him during...   Cases  
Maurin & Co. v. Rouquer 19 La. 594, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the court of the tenth district, for the parish of Natchito ches, the judge thereof presiding. This is a revocatory action, to set aside a sale of his estate, made by F. Rouquer, the father, to J. B. O. Rouquer, his son, on the ground of undue preference given to some creditors over the plaintiffs, who are complaining creditors. They...   Cases  
McCarter v. Com. 11 Leigh 633, General Court of Virginia (June 01, 1841) 1841 Upon trial of indictment for murder, the jury, not agreeing on a verdict, are, after dark, adjourned over till next morning, and committed to two sheriffs to be enclosed in a room to be prepared for them; in conducting them from the courthouse to their room, one juror separates from his fellows, gets 25 yards from them and the sheriffs having them...   Cases  
McCarty v. McCarty 19 La. 296, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth district, for the parish of St. Mary, the judge of the sixth presiding. This suit commenced by attachment of a judgment in favor of the defendant, against the plaintiff, for $3,175 rendered on a note of hand. The plaintiff alleges that the defendant is a resident of Tennessee, and is indebted to him in the sum of...   Cases  
McClure v. Copley 1 Rob. (LA) 133, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the District Court of the parish of Ouachita, King, J. McClure and one James D. Fenner sue as executors of the will of Samuel D. Brown, deceased, for the amount of a promissory note of George W. Copley and George Jessup.   Cases  
McCord v. Love 3 Ala. 107, Supreme Court of Alabama (June 01, 1841) 1841 Writ of error to the Circuit Court of Lowndes county.   Cases  
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