| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Raynolds v. Carter |
12 Leigh 166, Supreme Court of Appeals of Virginia (April 01, 1841) |
1841 |
The judgment in this case is, in my opinion, clearly erroneous. Two questions are made: 1. whether the original contract was usurious? and 2. whether Raynolds, by giving the new bond, has lost the right of setting up the defence of usury? As to the first, it was argued, that there is no usury, because the principal sum was put in hazard, and the... |
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Cases |
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| Reed v. Inhabitants of Belfast |
20 Me. 246, Supreme Judicial Court of Maine (July 01, 1841) |
1841 |
A father cannot by virtue of St. 1821, c. 118, § 17, maintain an action against a town for the loss of services of a minor son in his employ, or for expenses paid for medical attendance, occasioned by an injury sustained by such son in consequence of a defect in a highway for which the town was responsible, over which he was passing. The... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Relf v. McDonogh |
19 La. 100, Supreme Court of Louisiana (July 01, 1841) |
1841 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Reynolds v. Magness' Ex'rs |
2 Ired. 26, Supreme Court of North Carolina (December 01, 1841) |
1841 |
In the case of an indemnity for becoming bail, the cause of action does not accrue until the bail is compelled to pay the money, and does actually pay it. The entry of satisfaction of a judgment on the record is evidence to a Jury, from which they may infer that the judgment has been paid; but per se, it only imports a release of the judgment, and... |
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Cases |
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| Riggs v. Duperrier |
19 La. 418, Supreme Court of Louisiana (September 01, 1841) |
1841 |
Appeal from the court of the fifth district, for the parish of St. Martin, the judge of the seventh presiding. This is a redhibitory action, to recover back the notes or price of a negress, which the defendants caused to be sold at public auction, and was purchased by the plaintiff, at the price of $600. He expressly avers, that at the time of said... |
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Cases |
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| Rogers v. Thomas |
1 B.Mon. 390, Court of Appeals of Kentucky (May 29, 1841) |
1841 |
Will. Issue on bill filed contesting a will. Onus probandi. Parties. Opening and conclusion of argument. APPEAL FROM THE WOODFORD CIRCUIT. The case stated. AFTER probate, in the County Court of Fayette, of a paper purporting to be the last will of Joseph Rogers, deceased, some of his heirs filed a bill in Chancery, in the Circuit Court of that... |
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Cases |
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| Ross ads. Gavin |
2 McMul. 275, Court of Appeals of Law of South Carolina (December 01, 1841) |
1841 |
By the fee bill of 1840, the ten times the excess, which the officer is made liable to forfeit to the party injured, is to be recovered by suit in the Court of Common Pleas, in which no imparlance shall be allowed; or by rule, in the case of sheriffs, or by sum. pro. in the cases of Magistrates and Constables, where the penalty may not... |
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Cases |
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| Rowley v. Rowley |
19 La. 557, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal from the court of the ninth district, for the parish of Concordia, the judge thereof presiding. This is an action by the wife against the husband for a separation from bed and board, and also for a separation and partition of property. The plaintiff alleges, that in the spring of 1834, being on a visit to the city of Troy, in New York, where... |
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Cases |
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| Samory v. Hebrard |
17 La. 555, Supreme Court of Louisiana (March 01, 1841) |
1841 |
Appeal from the city court of New Orleans. This is a proceeding against garnishees, under the 13th section of the Act of 20th March, 1839, to amend the Code of Practice. The plaintiff having obtained a judgment against one François Lafargue, caused execution to issue thereon which was returned no property found. He then presented his petition... |
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Cases |
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| Seabrook's Ex'rs v. Seabrook |
McMul.Eq. 201, Court of Appeals of Equity of South Carolina (May 01, 1841) |
1841 |
The testator, by the 12th clause of his last will, declared, that in order to make provision for the five children by his present marriage, his executors, or such of them as should qualify and act on his will, shall, as soon as may be convenient, or as the same may be deemed advisable, lay out and invest the sum of one hundred thousand dollars,... |
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Cases |
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| Secrist v. Twitty |
1 McMul. 255, Court of Appeals of Law of South Carolina (May 01, 1841) |
1841 |
A Sheriff's execution book is, on account of its official character, received in evidence, as proving in general the official entries contained in it. So, too, an entry on an execution is admissible in evidence as part of the record. The entry of the sale made by the Sheriff, containing the name of the purchaser, is as effectual a signing, as if... |
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Cases |
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| Sellars v. Ashford |
2 Ired.Eq. 104, Supreme Court of North Carolina (December 01, 1841) |
1841 |
The plaintiffhasfiled two exceptions, of which the first is unfounded in fact, and for that reason overruled. His second exception is to the allowance of commissions to the defendant; which, however, is only 2 1/2 per cent. on the defendant's receipts (as found by the report) and amounts to the sum of $100 87. To the extent of the charges to which... |
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Cases |
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| Shepherd v. Trigg |
7 Mo. 151, Supreme Court of Missouri (September 01, 1841) |
1841 |
James Shepherd brought his action of assumpsit in the Circuit Court of Lafayette county, against Christopher Trigg. The judgment of that court being given for Trigg, Shepherd brings the cause into this court by writ of error, to reverse the judgment of the Circuit Court. It appears by evidence preserved in the bill of exceptions, that Shepherd, the... |
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Cases |
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| Sherman & Debruhl v. Barrett |
1 McMul. 147, Court of Appeals of Law of South Carolina (February 01, 1841) |
1841 |
An applicant for his discharge under the Insolvent Debtor's Act, will not be permitted to discontinue or withdraw his application after a suggestion charging his schedule with fraud has been filed. A defendant's schedule is amendable, under the discretion of the Court; but it must be shewn by affidavit, or otherwise, to the satisfaction of the... |
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Cases |
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| Sibely & Morrison v. Tutt |
McMul.Eq. 320, Court of Appeals of Equity of South Carolina (December 01, 1841) |
1841 |
1. The holder of a bill of a bill of exchange never can recover, against the acceptor of it, the costs and damages consequent on a protest for non payment, and a return of the bill, on the drawer. 2. Where the husband, after marriage, makes a settlement to the use and benefit of the wife, and the consideration expressed is, that she has... |
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Cases |
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| Sims v. Canfield |
2 Ala. 555, Supreme Court of Alabama (June 01, 1841) |
1841 |
1. There is no difficulty in arriving at a satisfactory conclusion on the first point presented by the argument in this case, either upon the facts, or the law which should govern them. The testimony of the subscribing witness to the bill of sale, is clear and distinct that it was intended and represented as a mortgage, though absolute in its... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Sims v. Sims |
2 Ala. 117, Supreme Court of Alabama (January 01, 1841) |
1841 |
All the authorities concur in the conclusion, that it is essential to a parol gift of a chattel, that there should be an actual delivery of the thing. [[[[[[Sewall by his next friend v. Glidden, 1 Ala. Rep. N. S. 52. and cases there cited. Sims v. The Adm'r. of Sims, 8 Porter Rep. 449. Brashear v. Blassingame, 1 Nott & McC. Rep. 223. Noble v.... |
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Cases |
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| Skipwith v. His Creditors |
19 La. 198, Supreme Court of Louisiana (July 01, 1841) |
1841 |
Appeal from the court of the third judicial district, for the parish of East Baton Rouge, the parish judge presiding. On the 29th May, 1821, Fulwar Skipwith presented his petition with a bilan or schedule annexed, containing a detailed statement of his debts and claims of his creditors, also assets, property and effects, of every kind, which he... |
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Cases |
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| Slater v. Magraw |
12 G. & J. 265, Court of Appeals of Maryland (December 01, 1841) |
1841 |
Where the language of a contract is equivocal and ambiguous, regard is always to be had to the subject matter about which the parties are stipulating, and such a construction of the terms used is to be adopted, as will carry their intention fully into effect; but where a party expressly contracts as security, he is not to be treated as principal.... |
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Cases |
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| Slaughter v. Commonwealth |
11 Leigh 681, General Court of Virginia (December 01, 1841) |
1841 |
The error complained of is the refusal of the circuit superior court to set aside the verdict, on the ground that it was contrary to the evidence; and this court is now called upon to review that decision upon the facts stated in the bill of exceptions. The prisoner in his petition, and his counsel here in argument, contend, that the facts as... |
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Cases |
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| Slocomb v. Watkins |
1 Rob. (LA) 214, Supreme Court of Louisiana (December 01, 1841) |
1841 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Smith v. Bradford |
17 La. 263, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of the third district, for the parish of East Feliciana, the judge of the district presiding. This is an injunction case. The plaintiff obtained an injunction to restrain an order of seizure and sale which the defendant, Bradford, had taken out and was prosecuting on his mortgage and vendor's privilege. The plaintiff alleges... |
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Cases |
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| Spivey v. Spivey |
2 Ired.Eq. 100, Supreme Court of North Carolina (December 01, 1841) |
1841 |
It appears from the pleadings in this case, that William Spivey, the testator, at the execution of his will and at the time of his death, had seven children, viz. Louisa Hendrickson, Levin Spivey, William??Spivey, Elizabeth Pruden, Susannah Shark, Moses Spivey and Calvin Spivey and seven grand-children, who were the children of a deceased daughter,... |
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Cases |
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| State v. Boise |
1 McMul. 191, Court of Appeals of Law of South Carolina (February 01, 1841) |
1841 |
The confession of a clerk, in the absence of his employer, that he had sold wine to a servant girl, is not evidence to charge the employer; and a new trial will be granted to the absent defendant, without prejudice. |
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Cases |
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| State v. Derrick |
1 McMul. 338, Court of Appeals of Law of South Carolina (May 01, 1841) |
1841 |
Two indictments may be sustained under the Act of 1839, against the putative father of two bastard children, born at one birth; but the indictments and the recognizances should describe each child by name and complexion, hair and sex, or by some means of separate identity. The Act of 1839, is a repeal of the Act of 1795, on the subject of bastardy. |
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Cases |
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| State v. Judge of Third Dist. |
18 La. 444, Supreme Court of Louisiana (January 01, 1841) |
1841 |
An application for a mandamus. This is an application for a mandamus to compel the judge of the third judicial district holding court in the parish of East Feliciana, to grant a suspensive appeal, without giving security except for costs, from a judgment dissolving an injunction, which one William Dunn had obtained against an order of seizure sued... |
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Cases |
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| State v. Marler |
2 Ala. 43, Supreme Court of Alabama (January 01, 1841) |
1841 |
The charge of the Court on the defence of insanity, he contended, was the very reverse of the law--that the defence of insanity was not different from any other defence set up in excuse of crime; and if the jury were satisfied beyond a reasonable doubt, that the prisoner was insane at the time of the commission of the act, they must acquit.... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| State v. Stanton |
1 Ired. 424, Supreme Court of North Carolina (June 01, 1841) |
1841 |
On the trial of a bill of indictment for forgery, the person, whose name is charged to have been forged, and whose interest, supposing the instrument to be genuiue, is affected by it, either as an obligation or acquittance, is not, while the instrument remains in force, a competent witness to prove the forgery. Where a defendant is acquitted upon... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Stetson v. Stackhouse |
18 La. 119, Supreme Court of Louisiana (April 01, 1841) |
1841 |
Appeal from the commercial court of New Orleans. This is an action by the holder of a promissory note signed by William Stackhouse & Co., payable to the order of Greenbury Dorsey, six months after the 20th December, 1838, for $5163. Dorsey, the payee and indorser, is also a member of the firm of William Stackhouse & Co. The defendant averred that... |
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Cases |
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| Stewart v. Barcroft |
1 Hay. & Haz. 41, Circuit Court, District of Columbia (May 18, 1841) |
1841 |
This bill is filed by the complainant [Adam D. Stewart] as one of the residuary legatees under the will of Elizabeth Orr, and prays for an account. He avers that the defendant [John Barcroft, executor of Elizabeth Orr] has kept and applied the funds received by him as executor to his own use; that he has called upon the defendant to pay that part... |
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Cases |
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| Tarleton v. Gibson |
2 Ala. 638, Supreme Court of Alabama (June 01, 1841) |
1841 |
1. The plaintiffs proceeded against the defendant for a false return merely, and could therefore recover, in the event that the proof sustained their allegation that the return was untrue. The Court very properly instructed the jury, that the omission of certain facts from the return did not falsify those which were stated. 2. It is very possible... |
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Cases |
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| Tatum v. Jameson |
21 Tenn. 298, Supreme Court of Tennessee (April 01, 1841) |
1841 |
This is an action of trover for the recovery of the value of ten head of cattle. The plaintiff proved the sale and delivery of the cattle to himself, by Felix M. Bruce, on the 28th of January, 1839, and the payment of $45.75 therefor by him to Bruce, which money Bruce immediately paid out in discharge of executions against himself. He also read a... |
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Cases |
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| Taylor v. Taylor |
21 Tenn. 597, Supreme Court of Tennessee (December 01, 1841) |
1841 |
This bill is filed by the complainants, children of James Taylor, Jr., deceased, against the defendants, their brothers, to set aside certain deeds from the said James to each of his sons, under and by virtue of which they claim his property. As to the deed to James Taylor, Jr., one of the defendants, dated in 1834, and proved and registered in... |
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Cases |
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| Terrel v. Easterling |
2 McMul. 24, Court of Appeals of Law of South Carolina (December 01, 1841) |
1841 |
Where a testator, by his last will, devised certain real estate to the plaintiffs, as trustees for his daughter, (therein named,) reserving the sawing timber, growing thereon. It was held to be a good reservation, and sufficiently explicit to be understood. |
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Cases |
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| The Amistad |
40 U.S. 518, Supreme Court of the United States (January 01, 1841) |
1841 |
APPEAL from the Circuit Court of Connecticut. On the 23d day of January 1840, Thomas R. Gedney and Richard W. Meade, officers of the United States surveying brig Washington, on behalf of themselves and the officers and crew of the brig Washington, and of others interested and entitled, filed a libel in the District Court of the United States for... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| The Hon. WALTER FORWARD |
3 U.S. Op. Atty. Gen. 677 (October 25, 1841) |
1841 |
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Administrative Decisions & Guidance |
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| The Tigris |
23 F.Cas. 1220, District Court, D Massachusetts (February 01, 1841) |
1841 |
This was the case of a libel, filed on the 15th of January last, by H. J. Matson, of the kingdom of Great Britain and Ireland lieutenant in the navy of her Britannic majesty, and commander of her Britannic majesty's brig Water Witch, prosecuting as well for the United States as for himself, against the brig Tigris, of Salem, in this district, and... |
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Cases |
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| Thibodeaux v. Thibodeaux |
19 La. 439, Supreme Court of Louisiana (September 01, 1841) |
1841 |
Appeal from the court of probates, for the parish of Lafayette. This is an action by the plaintiff against her late tutor, claiming the sum of $929, balance due on account of the tutorship, part of which is evidenced by a note of $562, bearing ten per cent. interest, executed by the defendant the 31st July, 1834, payable twelve months after date to... |
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Cases |
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| Thibodeaux v. Thomasson |
17 La. 353, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of the second district for the parish of Lafourche Interior, the judge of the fourth district presiding. This is a revocatory action, to annul certain sales of property, alleged to be fraudulent and simulated. The plaintiff alleges that the defendants, Alexander Thomasson and C. Coulon, are indebted to him in the sum of $3,553... |
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Cases |
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| Thompson v. Thompson |
2 B.Mon. 161, Court of Appeals of Kentucky (December 25, 1841) |
1841 |
Trusts and Trustees. Construction. Decrees. Chancery. APPEAL FROM THE LOUISVILLE CHANCERY COURT. The case stated CAROLINE THOMPSON, in 1820, having entered into a marriage engagement with William F. Thompson, who had failed in business and was embarrassed with old outstanding debts, upon the eve of the marriage, at the instance and upon the... |
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Cases |
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| Tooel v. Com. |
11 Leigh 714, General Court of Virginia (December 01, 1841) |
1841 |
The decision of chief justice Marshall in Aaron Burr's case, that there was no necessity for delivering the jurymen, who had been or should be sworn, into the custody of the marshal, until the whole number had been impanneled and sworn, 1 Burr's trial p. 382. and the opinion of this court in Martin's case, 2 Leigh 745. are decisive... |
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Cases |
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| Townes v. Birchett |
12 Leigh 173, Supreme Court of Appeals of Virginia (April 01, 1841) |
1841 |
(Absent Brooke and Stanard, J.) The rule of courts of equity, that an account current rendered by one party to another, received and held without complaint or objection, shall be deemed a stated account, considered. It seems the rule is not confined to accounts rendered by merchant to merchant, of mutual dealings between them as merchants, much... |
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Cases |
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| Towns v. Riddle |
2 Ala. 694, Supreme Court of Alabama (June 01, 1841) |
1841 |
1. We cannot examine the question, which is presented by the bill of exceptions in relation to the course pursued in permitting the defendant to examine witnesses, after the plaintiff had closed his rebutting evidence, for the purpose of revising the action of the Court, because the course of trial is entirely within the discretion of the Court;... |
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Cases |
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| Trigg v. McDonald |
21 Tenn. 386, Supreme Court of Tennessee (April 01, 1841) |
1841 |
This is a motion against the sheriff of Madison county for a false return. The court below refused to render judgment against the sheriff, and the plaintiff appealed to this court. The bill of exceptions shows that an execution issued the 18th of February, 1840, in favor of the plaintiff, against Richard McRee, Wm. A. Meacham, and Joseph Cock, for... |
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Cases |
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| Trustees of Poor of Sussex County v. Hall |
3 Harr. 322 (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... |
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Trial Court Orders |
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| U.S. v. Delespine |
40 U.S. 319, Supreme Court of the United States (January 01, 1841) |
1841 |
Florida land-claims. A grant by the Spanish authorities was made of 92, 160 acres of land at New river, in Florida, in 1813, afterwards, the grantee determined to locate the grant on a river seventy miles south of New river; the grantee proposed erecting mills for sawing timber; no survey was made of land at New river, and the grantee claimed to... |
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Cases |
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| U.S. v. Forbes' Heirs |
40 U.S. 173, Supreme Court of the United States (January 01, 1841) |
1841 |
APPEAL from the Superior Court of East Florida. The executor of John Forbes, on the 20th of May 1829, presented a petition to the superior court for the eastern district of Florida, claiming 10,000 acres of land, 7000 of which were surveyed on the waters of Little St. Marys river, in the then district of Nassau, in East Florida; the other tract,... |
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Cases |
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| Vastbinder v. Metcalf |
3 Ala. 100, Supreme Court of Alabama (June 01, 1841) |
1841 |
Error to Baldwin Circuit Court. |
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Cases |
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| Verdier v. Verdier |
McMul.Eq. 106, Court of Appeals of Equity of South Carolina (February 01, 1841) |
1841 |
Where there is a joint legacy to two or more, and the executor delivers the subject of it to one, for himself and his co-legatee, the possession by one, would be the possession of both, and the marital rights would attach. |
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Cases |
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| Vignie v. Saulet |
19 La. 23, Supreme Court of Louisiana (June 01, 1841) |
1841 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS. This is an action by an agent to recover certain commissions on monies and notes collected and received in payment, for his principal, in the absence of the latter under written agreement. The defendant agreed to give the plaintiff five per cent. commission on all his collections,... |
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Cases |
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