| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Wafer v. Pratt |
1 Rob. (LA) 41, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal from the District Court for the parish of Claiborne, Campbell, J. |
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Cases |
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| Walker v. Allen |
19 La. 307, 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 district presiding. This is an action against the purchaser at sheriff's sale, of a tract of land, and the sheriff who made it, to annul and set it aside, on account of the illegal acts of the sheriff and the want of the formalities required by law, to render... |
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Cases |
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| Wallace v. Shaffer |
12 Leigh 622, Supreme Court of Appeals of Virginia (August 01, 1841) |
1841 |
The circuit superior court erred in overruling the plaintiff's motion for a new trial. The verdict of the jury was not sustained by the evidence, the plea of conditions performed being altogether unsupported. No evidence appears to have been introduced even tending to prove the making of a deed to Wallace, to whom, by the condition of the title... |
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Cases |
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| Wardens of Poor v. Cope |
2 Ired. 44, Supreme Court of North Carolina (December 01, 1841) |
1841 |
The transcript in this case shows that on the 29th of November, 1837, a warrant was issued by John Witherow, a Justice of the Peace of the County of Haywood, summoning the defendant to appear and answer the complaint of Charles Bumgarner, who sued as well for himself as the Wardens of the Poor of said County, in a plea of debt for one hundred... |
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Cases |
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| Watson v. Pitts |
2 McMul. 298, Court of Three of South Carolina (December 01, 1841) |
1841 |
In Jones vs. Coles, decided during the present sitting, it was decided, upon very satisfactory principles, (if it had been possible to consider the question doubtful,) that any one having property or the right of possession, might maintain trover for its wrongful conversion by a stranger: and I refer to that case for the doctrine of law. The deed... |
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Cases |
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| Watt's Ex'rs v. Sheppard |
2 Ala. 425, Supreme Court of Alabama (January 01, 1841) |
1841 |
The arguments at the bar, make it necessary for us to consider these questions-- 1st. Did the Circuit Court err in overruling the demurrer to the declaration? 2nd. Is the charge of the Court to the jury, authorized by the contract of the parties? First--The act of 1824, regulating proceedings on penal bonds, Aik. Dig. 273, is substantially a... |
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Cases |
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| Weatherford v. James |
2 Ala. 170, Supreme Court of Alabama (January 01, 1841) |
1841 |
This case has been elaborately and ably argued on both sides, upon the construction to be put on the treaty of Fort Jackson, and the act of Congress of 1817, in relation thereto, by virtue of which, the land in this case is supposed to have been acquired. We are however relieved from the necessity of considering these questions, by the view we take... |
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Cases |
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| Webb v. Brown |
3 Ark. 488, Supreme Court of Arkansas (July 01, 1841) |
1841 |
The Statute which authorizes judgment on motion upon a forfeited delivery bond, authorizes such judgment only at the term at which the execution is returned; and a judgment rendered at any subsequent term is void. Error to Chicot Circuit Court. Brown obtained judgment against Webb at the November term of the Chicot Circuit Court, 1839, and on the... |
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Cases |
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| Webb v. Griffith |
1 Ired.Eq. 446, Supreme Court of North Carolina (June 01, 1841) |
1841 |
The bill in this case was filed in February, 1839. It charges that, sometime in the year 1829, the plaintiff having fallen into great difficulties, caused, in some degree by an irregular course of life, was induced by his brother, the late Daniel Webb, to break up house-keeping and remove to his house; that at the same time he was pursuaded by... |
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Cases |
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| White v. White |
1 Ired.Eq. 441, Supreme Court of North Carolina (June 01, 1841) |
1841 |
In 1823 William White died, having made his last will and bequeathed to his wife, for life, the residue of his estate, with remainder to his four children, Joshua, Peggy, Solomon and William the younger, and he appointed Mrs. White and another to execute his will. The widow proved it; and with a sum of money belonging to the estate she purchased in... |
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Cases |
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| Williams v. Bank of Louisiana |
17 La. 378, Supreme Court of Louisiana (March 01, 1841) |
1841 |
Appeal from the court of probates, for the parish of East Baton Rouge. This case commenced under a rule, or proceeding in the court of probates for the parish of East Baton Rouge, taken on the Bank of Louisiana and others, heretofore mortgage creditors of F. A. Browder, deceased, whose mortgages rested on a certain plantation, called the... |
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Cases |
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| Williams v. Henderson |
18 La. 557, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of the first judicial district. This is an action against the drawer of a bill of exchange, drawn at Warrenton, the 23d December, 1836, on Brander, McKenna & Wright, of New Orleans, and by them accepted; payable to the order of George Henderson, 373 days after date. The bill was duly protested for non-payment at maturity; and... |
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Cases |
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| Williams v. Jones |
2 Ala. 314, Supreme Court of Alabama (January 01, 1841) |
1841 |
The questions of law presented on the record are, First: was the co-defendant of Frank the defendant in execution, properly excused from giving evidence, on the ground that he could not be compelled to swear against his interests. Second: was the acknowledgment of the deed of trust, by the grantor, sufficient to authorise its registration. Third:... |
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Cases |
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| Williamson v. Logan |
1 B.Mon. 237, Court of Appeals of Kentucky (May 03, 1841) |
1841 |
Execution. Obligors and obligees in replevin bond. Parol authority. Void and voidable. APPEAL FROM THE GARRARD CIRCUIT. Facts of the case. THIS is an action of ejectment, brought by the appellant against the appellees, in which the plaintiff failed in the Court below, and has brought the case to this Court. It seems that Patrick Williamson, Sr.,... |
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Cases |
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| Wilson v. Fowler |
3 Ark. 463, Supreme Court of Arkansas (July 01, 1841) |
1841 |
Where the defendant in a civil suit moved for a change of venue, under the act of November 30, 1840, and his motion was overruled, if he did not except to the opinion of the court, but afterwards appeared upon a writ of inquiry, and introduced evidence in mitigation of damages, and subsequently moved for a new trial, and excepted to the opinion of... |
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Cases |
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| Woodard v. Fitzpatrick |
2 B.Mon. 61, Court of Appeals of Kentucky (September 28, 1841) |
1841 |
The case stated. THE principles for determining the rights of these parties were settled by this Court in an opinion reported in 9 Dana, 117. In execution of the mandate of this Court, the Judge below appointed commissioners, whose reports was afterwards approved; and thereupon, after directing the reported credits, he rendered a peremptory decree... |
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Cases |
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| Woolard v. McCullough |
1 Ired. 432, Supreme Court of North Carolina (June 01, 1841) |
1841 |
The common law mode of creating and establishing a public highway, is not repealed by any of our acts of Assembly. The user of a road as a public highway, for twenty years, will, under the circumstances of this case, authorize a jury to presume a dedication of the road by the proprietors of the soil to the public use. Where a road is opened by an... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Ashby v. Smith |
40 Va. 55, Supreme Court of Appeals of Virginia (May 01, 1842) |
1842 |
If Alfred D. Ashby, executor and trustee of and under the will of Lewis Ashby deceased, had, in a reasonable time after the death of the testator, sold the Frederick lands, and vested the proceeds thereof in good lands, situated in the state of Kentucky, or any other part of the western country most conducive to the general interest of the... |
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Cases |
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| Atkinson v. Stewart |
2 B.Mon. 348, Court of Appeals of Kentucky (May 11, 1842) |
1842 |
The case stated. THESE were three separate actions of assumpsit brought against Atkinson by the other above named parties respectively, each action being upon a single count for money paid and advanced for the defendant. And the question presented by the record is, whether and to what extent such actions can be maintained upon the following facts:... |
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Cases |
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| Babcock v. Herbert |
3 Ala. 392, Supreme Court of Alabama (January 01, 1842) |
1842 |
Error to the Circuit Court of Dallas. |
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Cases |
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| Bailey v. Gaskins |
6 Howard 519, High Court of Errors and Appeals of Mississippi (January 01, 1842) |
1842 |
Where the general issue was plead, and two special pleas, to which there was a demurrer, but of which special pleas there was no formal disposition upon the record, but verdict and judgment generally for the plaintiff; the appellate court, on a writ of error, being of opinion that the special pleas were a sufficient bar to the action, reversed the... |
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Cases |
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| Baldridge v. Allen |
2 Ired. 206, Supreme Court of North Carolina (June 01, 1842) |
1842 |
Where one unintentionally does an act with force, which produces an immediate injury, the person injured may bring an action of trespass, or he may bring an action on the case. If he brings case, he declares upon the negligence or carelessness of the defendant in managing the thing, which has produced the injury; as that he so negligently and... |
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Cases |
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| Banchor v. Bell |
2 Rob. (LA) 182, Supreme Court of Louisiana (May 01, 1842) |
1842 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Bank of U.S. v. Merle |
2 Rob. (LA) 117, Supreme Court of Louisiana (April 01, 1842) |
1842 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Barnard v. Erwin |
2 Rob. (LA) 407, Supreme Court of Louisiana (June 01, 1842) |
1842 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Barnard's Adm'r v. Jordan's Adm'r |
3 Ired. 268, Supreme Court of North Carolina (December 01, 1842) |
1842 |
The defendant, being sued in an action of assumpsit, and having pleaded the general issue and given notice of set off, set up two claims on the trial, of which he claimed the benefit as deductions from the plaintiff's demand. The demand of the plaintiff arose thus: Barnard, his intestate, was the surety for Jordan, the defendant's intestate, and... |
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Cases |
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| Barnett v. Stephens |
2 B.Mon. 446, Court of Appeals of Kentucky (June 01, 1842) |
1842 |
THIS case was before this Court at the fall term, 1838, on the appeal of Stephens' administrator, and the main features of the case, together with the principles then settled, will be found reported in 7 Dana, 257. But few additional facts were established on the second trial, and none calculated materially to change the aspect of the case. Two... |
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Cases |
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| Baum v. Stevens |
2 Ired. 411, Supreme Court of North Carolina (June 01, 1842) |
1842 |
To make an affirmation at the time of a sale a warranty, it must appear upon evidence to have been so intended, and not be a mere matter of opinion and judgment. Whether an affirmation in a parol contract of sale amounts to a warranty, is a matter of fact to be left to the jury, with instructions from the court according with the above rule. The... |
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Cases |
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| Beard v. Childress |
4 Ala. 411, Supreme Court of Alabama (June 01, 1842) |
1842 |
ERROR to the Circuit Court of Pickens. |
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Cases |
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| Beck v. Martin |
2 McMul. 260, Court of Appeals of Law of South Carolina (February 01, 1842) |
1842 |
The general rule of law is, that partners are bound by the acts of each other; and where one of a law partnership obtained the possession of a letter (containing an authority to take care of the interests of the plaintiff,) directed to the other partner, and acted under the instructions contained in the letter, it was held, that the plaintiff was... |
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Cases |
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| Beckley v. U.S. |
1 Hay. & Haz. 88, Circuit Court, District of Columbia (June 02, 1842) |
1842 |
Motion for a writ of error to the criminal court for the District of Columbia. Indictment for larceny against John Beckley, Jr. A verdict of guilty was rendered. Defendant moves for writ of error. Denied. |
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Cases |
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| Bertie v. Walker |
1 Rob. (LA) 431, Supreme Court of Louisiana (March 01, 1842) |
1842 |
Appeal from the District Court of East Feliciana, Johnson, J. |
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Cases |
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| Blackstone v. His Creditors |
3 Rob. (LA) 219, Supreme Court of Louisiana (October 01, 1842) |
1842 |
Appeal from the District Court of Catahoula, Willson, J. |
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Cases |
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| Blount v. Blount |
2 Ired.Eq. 192, Supreme Court of North Carolina (June 01, 1842) |
1842 |
A. by deed conveyed all his property to a trustee, and, after prescribing certain trusts to be executed, directs that, after his death, the trustee shall convey all that might remain of said property in equal proportion to my wife, N. B., and such child or children as may be living at the death of the said bargainor. A. had at that... |
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Cases |
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| Bonneau v. Poydras |
2 Rob. (LA) 1, Supreme Court of Louisiana (April 01, 1842) |
1842 |
Appeal from the District Court of Pointe Coupée, Nicholls, J. Magdelaine Michelle Bonneau, a married woman, separated from bed and board, and in property, residing in Nantes, in France, represents that she is a niece and one of the heirs of Julien Poydras, who died in this state, in 1824, leaving a will by which he gave the residue of his... |
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Cases |
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| Booker v. Jemison |
4 Ala. 408, Supreme Court of Alabama (June 01, 1842) |
1842 |
WRIT of Error to the Orphans' Court of Pickens. |
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Cases |
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| Bookout v. Anderson |
3 Rob. (LA) 290, Supreme Court of Louisiana (October 01, 1842) |
1842 |
Appeal from the District Court of Madison, Tenney, J. |
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Cases |
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| Borland v. Phillips |
3 Ala. 718, Supreme Court of Alabama (January 01, 1842) |
1842 |
Error to the Chancery Court at Monroeville. |
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Cases |
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| Boullement v. Philips |
2 Rob. (LA) 365, Supreme Court of Louisiana (June 01, 1842) |
1842 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Bozman v. Brown |
6 Howard 349, High Court of Errors and Appeals of Mississippi (January 01, 1842) |
1842 |
A verdict and judgment is erroneous when there is a good plea in bar not replied to. In this state an executor or administrator is not obliged to plead any thing but the general issue; but he may elect to plead specially. It seems that the plea of non assumpsit pleaded generally by an executor, will not authorize a verdict against him in his own... |
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Cases |
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| Bradley v. Lowry |
17 S.C.Eq. 1, Court of Appeals of Equity of South Carolina (December 01, 1842) |
1842 |
1. The validity of a testamentary disposition of personality, depends exclusively upon the laws of the country where the testator was domiciled at the time of his death. 2. A mere relinquishment of actual residence is no abandonment of domicil, if there is no intention to change it; as where a man leaves home for temporary purposes, as for a... |
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Cases |
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| Branch Bank at Huntsville v. Marshall |
4 Ala. 60, Supreme Court of Alabama (June 01, 1842) |
1842 |
APPEAL from the Court of Chancery, sitting at Huntsville. |
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Cases |
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| Briggs v. Spencer |
3 Rob. (LA) 265, Supreme Court of Louisiana (October 01, 1842) |
1842 |
Appeal from the District Court of Concordia, Curry, J. |
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Cases |
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| Brooke v. Berry |
2 Gill 83, Court of Appeals of Maryland (December 01, 1842) |
1842 |
A conveyance obtained by a general agent from his principal, will be vacated for fraud in its obtention; or, because of the principal being a man of such feeble intellect, as to be incompetent to the management of his own business; or in consequence of the terms being so unjust and unequal, as therefore to be unconscientious. Exceptions to proof... |
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Cases |
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| Buford v. McKee's Ex'r |
3 B.Mon. 224, Court of Appeals of Kentucky (October 24, 1842) |
1842 |
The case stated. THIS case was formerly before the Court upon a demurrer to the bill of Buford, and to the opinion then rendered, which is reported in 5 Dana, 283, under the style of Buford vs Pawling's executors, &c. reference is made for the principal facts affecting the claim set up by Buford as they then appeared. The Court then decided that... |
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Cases |
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| Burns v. Parish |
3 B.Mon. 8, Court of Appeals of Kentucky (September 09, 1842) |
1842 |
Surety. Partners and Partnership. ERROR TO THE NICHOLAS CIRCUIT. The case stated. THIS action of assumpsit was brought by Parish against Burns & McConnoughy, for money averred to have been paid for their use and at their request, under the following circumstances: Burns & McConnoughy being partners in a mill and farm, a note was executed by... |
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Cases |
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| Burr v. Burr |
10 Paige Ch. 20, Chancery Court of New York (January 01, 1842) |
1842 |
The law of this state restricts the power of the court in granting a separation from bed and board, to applications on the complaint of the wife alone; and in this respect it is different from the English ecclesiastical law, which grants such a separation to either husband or wife, indiscriminately. The fifty-first section of article fourth, of... |
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Cases |
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| Byrne v. Taylor |
2 Rob. (LA) 341, Supreme Court of Louisiana (June 01, 1842) |
1842 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Calhoun v. Cozens |
3 Ala. 498, Supreme Court of Alabama (January 01, 1842) |
1842 |
This cause comes here by appeal, from the Chancery Court sitting at Tuscaloosa. |
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Cases |
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| Campbell v. Brown |
6 Howard 106, High Court of Errors and Appeals of Mississippi (January 01, 1842) |
1842 |
A decree of the probate court, ordering a sale of the lands of a decedent's estate, without notice to the heirs, as the statute requires, is absolutely void. A void judgment may be objected to in a collateral proceeding. Where it did not appear that the vendee of land had received a deed, or been let into possession, and there had been a total... |
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Cases |
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