TitleCitationYearSummaryMost RelevantTypeStatus
Canaday v. Nuttall 2 Ired.Eq. 265, Supreme Court of North Carolina (December 01, 1842) 1842 A. having a judgment at law, issued a fi. fa., which was returned levied on certain property. He then issued several successive venditioni exponas's which were returned stayed by order of the plaintiff. A fi. fa. was then issued to another county, and returned nothing to be found. Held that, under these circumstances. A....   Cases  
Cannon v. Peebles 2 Ired. 449, Supreme Court of North Carolina (June 01, 1842) 1842 A deed in trust for the sale of property, dated the 16th of August, 1841, made by an insolvent debtor for the benefit of preferred creditors, provided as follows: that the property shall be at any time after the 1st of January, 1842, or before, if directed by the said Samuel B. Spruill (the debtor) on such terms and at such places as...   Cases  
Cassidy v. His Creditors 2 Rob. (LA) 47, Supreme Court of Louisiana (April 01, 1842) 1842 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Chambers v. Mauldin 4 Ala. 477, Supreme Court of Alabama (June 01, 1842) 1842 1. The adjustment of priority of lien between incumbrancers, and the appropriation of the proceeds of the property in dispute, is an acknowledged subject of equity jurisdiction. And although there may be no controversy as between the parties which shall be preferred in the order of payment, it is competent for a subsequent incumbrancer to go into...   Cases  
Chancellor v. Vanhook 2 B.Mon. 447, Court of Appeals of Kentucky (June 01, 1842) 1842 Delivery bonds. Executions. Equity and equitable jurisdiction. ERROR TO THE HARRISON CIRCUIT. The case stated Two executions for four hundred dollars each, and interest and costs, in favor of Vanhook against Brooking, were sued out of the Clerk's office of the Harrison Circuit Court, directed to the Sheriff of Nicholas county, and by his deputy...   Cases  
Clarke v. Poozer 2 McMul. 434, Court of Appeals of Law of South Carolina (May 01, 1842) 1842 1. The general rule unquestionably is, that if the owner of a chattel hire it to another, he cannot maintain either trespass or trover against a third person, in respect to any injury to, or conversion of it, during the time it is so hired. But to this general rule there is one exception, which is, if the bailee do an act inconsistent with the...   Cases  
Cobb v. Pressly 2 McMul. 416, Court of Appeals of Law of South Carolina (May 01, 1842) 1842 1. A sheriff cannot recover, (in an action of assumpsit) from a purchaser at sheriff's sale, for property purchased, where the purchaser is the owner of the execution in his office entitled to a preference from the proceeds of sale, unless he can shew that a part of the money arising from the sales was applicable to the payment of his costs, and...   Cases  
Cocke, for Use of Commercial Bank of Commerce v. Halsey 41 U.S. 71, Supreme Court of the United States (January 01, 1842) 1842 Officer pro tem.Effect of judgment. The constitution of Mississippi declares, that clerks of the circuit court, probate, and other inferior courts, shall be elected by the electors of the county, for two years; the legislature of Mississippi, by statute, declared, that when, from sickness, or other unavoidable causes, the clerk of the probate...   Cases  
Commissioners of Sinking Fund v. Walker 6 Howard 143, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 The Commissioners of the Sinking Fund of the State of Mississippi can maintain suits for the recovery of loans made by them in that capacity. It is necessary that they should aver that they are Commissioners of the Sinking Fund, and also that they are incumbents of the office by which they are entitled by law to act as commissioners of that fund....   Cases  
Commonwealth v. Blanton's Ex'rs 2 B.Mon. 393, Court of Appeals of Kentucky (May 28, 1842) 1842 APPEAL FROM THE GENERAL COURT. The case stated. IN the year 1818, one Benedict Costy, an isolated foreigner, without heir or distributee, so far as is yet known, died intestate in Franklin county, in this State; and in June of that year, Carter Blanton was qualified as administrator of his goods, which were estimated, according to a reported...   Cases  
Conoway's Lessee v. Piper 3 Harr. 482, Superior Court of Delaware (October 01, 1842) 1842 The Court held that the first devise was a life estate in Isaac, John and Leonard Short; and that the residuary clause carried the reversion in fee to Isaac, Leonard, John and Nancy Short, as to the lands so devised to Isaac, John and Leonard; and the fee in any other land of the devisor. Judgment for plaintiff for one-fourth part.   Cases  
Conoway's Lessee v. Piper 3 Harr. 482 (October 01, 1842) 1842 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  
Cook v. Dyer 3 Ala. 643, Supreme Court of Alabama (January 01, 1842) 1842 Error to the County Court of Tuskaloosa.   Cases  
Cooper v. Scott 2 McMul. 150, Court of Appeals of Law of South Carolina (February 01, 1842) 1842 A sheriff is bound to take notice of the liens in his office, and to pay money collected by him under official authority, to the oldest execution. And when he pays money to a former execution, he does so at his own risk, and he will be held liable for the consequences either by rule or action at law. See Act 1839, 21 sect. p. 30, defining sheriffs'...   Cases  
Cowling v. Douglass 4 Ala. 206, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Lowndes.   Cases  
Cox v. Robinson 2 Rob. (LA) 313, Supreme Court of Louisiana (May 01, 1842) 1842 Appeal from the Commercial Court of New Orleans, Watts, J.   Cases  
Crawford v. Shaver 2 Ired.Eq. 238, Supreme Court of North Carolina (June 01, 1842) 1842 Thomas Mull, on the first of January, 1835, executed a last will and testament, which, after his death, was admitted to probate, and, the executor therein named having renounced the office of Executor, administration on the estate of the deceased cum testamento annexo was granted to William D. Crawford, the husband of Christina Crawford, the...   Cases  
Cummins v. Webb 4 Ark. 229, Supreme Court of Arkansas (January 01, 1842) 1842 Where the return of the officer upon an execution shows no legal disposition of the property levied upon under its authority, the law presumes the property to be in his custody, and of sufficient value to satisfy the execution; and so long as the execution and levy remain, and are not suspended, or otherwise legally avoided, the plaintiff can only...   Cases  
Dabbs v. Hemken 3 Rob. (LA) 123, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the District Court of Ouachita, Boyce, J.   Cases  
De Lalande v. Bormeau 1 Rob. (LA) 315, Supreme Court of Louisiana (February 01, 1842) 1842 Action before the District Court of Pointe CoupĂ©e, Nicholls, J., by Benjamin P. de Lalande for himself, and as attorney in fact for the other heirs of the late Julien Poydras, against the defendant, represented by Gustave Delamare, her attorney in fact.   Cases  
Dearman v. Dearman 4 Ala. 521, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the Circuit Court of Sumter.   Cases  
Devlin v. Killcrease 2 McMul. 425, Court of Appeals of Law of South Carolina (May 01, 1842) 1842 1. A party proving the declarations of another party, concerning a trespass which had been committed, has the right to prove and give in evidence all the expressions that were used in the conversation relative to the trespass at the time, as well on account of their being a part of the same conversation, as also, to shew to the jury the spirit and...   Cases  
Dezell v. Odell 3 Hill 215, Supreme Court, New York (January 01, 1842) 1842 An officer seizing goods in virtue of an execution, acquires such a special property in them as entitles him to maintain trover for a subsequent wrongful conversion. If after seizing the goods they be delivered to a third person on his giving a receipt promising to redeliver them, and the receiptor afterwards refuse to comply with his promise; the...   Cases  
Dezell v. Odell 3 Hill 215 (January 01, 1842) 1842 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  
Dial & Henderson v. Farrow 28 S.C.L. 114, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 1. A judgment confessed by an agent constituted by parol is valid after suit brought. 2. The Act of 1785 declares all powers of attorney to confess judgment before suit brought, to be void; leaving, of course, confessions after suit brought, to the common law. 3. Where the issue, as presented by the plaintiff, was, that a confession of judgment was...   Cases  
Douthitt v. Hudson 4 Ala. 110, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Benton.   Cases  
Dumonteil v. Dubroqua 1 Rob. (LA) 531, Supreme Court of Louisiana (March 01, 1842) 1842 Appeal from the Parish Court of New Orleans, Maurian, J.   Cases  
Eason v. Dickson 2 Ired. 243, Supreme Court of North Carolina (June 01, 1842) 1842 A constable gave a receipt to A. B. as agent for C. D. for a certain note to collect or return. A. B. transferred the receipt to E. F. by an indorsement on the back of the receipt. Afterwards A. B. collected the money. Held that E. F. could not recover this money from A. B. in an action for money had and received to his use, for the money was...   Cases  
Ely v. Ellington 7 Mo. 302, Supreme Court of Missouri (April 01, 1842) 1842 Alpheus Ellington, a minor, by his next friend, instituted his action of forcible entry and detainer before a justice of the peace against Thomas S. Ely. After the party was summoned, the proceedings in the cause were, at the instance of the plaintiff, removed by writ of certiorari into the Circuit Court. Judgment there was given in the cause...   Cases  
Ex parte Conway 4 Ark. 302, Supreme Court of Arkansas (July 01, 1842) 1842 The general jurisdiction of this court is appellate, and most of the writs that it is authorized to issue are in aid of its appellate powers; but it has undeniable authority to issue other writs, as a portion of its original constitutional jurisdiction, among which is the writ of mandamus It has been the constant and invariable practice of this...   Cases  
Ex parte Cummins 4 Ark. 103, Supreme Court of Arkansas (January 01, 1842) 1842 Where, after a delivery bond has been taken and forfeited, the plaintiff sues out an alias execution on his original judgment, and does not follow up his remedy against the property seized, this writ is a legal justification to the officer to whom it is directed, and imposes on him the duty of executing it. If the officer fails to sell, upon such...   Cases  
Ex parte Dawson McMul.Eq. 405, Court of Appeals of Equity of South Carolina (February 01, 1842) 1842 1. The writ of ne exeat is in the nature of equitable bail. But a party will not be discharged from it, neither will the Court interfere, unless the party seeking to dissolve the writ is in actual custody. 2. The bail of a party, who has been arrested by virtue of a writ of ne exeat, is not discharged because the party had taken the benefit of the...   Cases  
Falcon v. Boucherville 1 Rob. (LA) 337, Supreme Court of Louisiana (February 01, 1842) 1842 Appeal from the District Court of Lafourche Interior, Nicholls, J.   Cases  
Fenno v. Sayre 3 Ala. 458, Supreme Court of Alabama (January 01, 1842) 1842 This cause comes here by writ of error from the Court of Chancery sitting at Cahawba.   Cases  
Field v. Arrowsmith 22 Tenn. 442, Supreme Court of Tennessee (December 01, 1842) 1842 The complainant charges that he became bound as surety for one Marcus Mitchell in the sum of $250, for which a judgment is entered in the circuit court of Giles; that said Mitchell, for the purpose of securing him from liability for the payment of said debt, and for other purposes, on the 28th day of December, 1840, made and executed a deed of...   Cases  
Field v. Pelot McMul.Eq. 369, Court of Appeals of Equity of South Carolina (February 01, 1842) 1842 1. Henry Field and wife were appointed, by order of the Court of equity, guardians of Elvira Dupont, an infant, of a previous marriage of Mrs. Field's. They entered into bond with George M. Stoney and Stephen Lawrence, as sureties to the Commissioner in Equity, in the sum of $9,360, conditioned for the faithful discharge of the guardianship trust...   Cases  
Foster v. Alston 6 Howard 406, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 It seems that, on a writ of habeas corpus by a guardian to regain possession of his ward, who has been forcibly taken from him by the parent, the court cannot entertain jurisdiction, unless the ward is restrained of liberty. Where the ward was forcibly taken from the possession of the testamentary guardian by the mother, and it appeared that the...   Cases  
Foster v. Goree 4 Ala. 440, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the Circuit Court of Tuscaloosa.   Cases  
Fournier v. Curry 4 Ala. 321, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the Circuit Court of Marengo.   Cases  
Frierson v. Moody 22 Tenn. 561, Supreme Court of Tennessee (December 01, 1842) 1842 This bill is filed to obtain relief against usury. A demurrer was filed to the bill, and allowed by the chancellor, upon the ground that complainant had omitted to make his defence at law; where, without difficulty and embarrassment, as is alleged, it could have been made. The principles applicable to this general subject have repeatedly come under...   Cases  
Gallier v. Garcia 2 Rob. (LA) 319, Supreme Court of Louisiana (May 01, 1842) 1842 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Gallier v. Walsh 1 Rob. (LA) 226, Supreme Court of Louisiana (January 01, 1842) 1842 Action by the plaintiff before the Commercial Court of New Orleans, Watts, J., against Walsh, and Dennis Murphy, curator of the succession of James Burdon, deceased. The case was submitted without argument.   Cases  
Galpin v. Jessup 3 Rob. (LA) 90, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the District Court of Ouachita, Willson, J.   Cases  
Garland v. Denny 3 B.Mon. 125, Court of Appeals of Kentucky (October 08, 1842) 1842 Practice in Chancery. Warning Order. Traverse. APPEAL FROM THE LOUISVILLE CHANCERY COURT. The case stated THIS bill was filed in the Louisville Chancery Court by Denny and Colston, setting up debts as due to them from G. Garland, alleged to be a non-resident, and seeking the satisfaction of said debt by attaching in the hands of H. Bolton, of...   Cases  
Gass' Heirs v. Gass' Ex'rs 22 Tenn. 278, Supreme Court of Tennessee (July 01, 1842) 1842 This case involves the question of the validity of the last will and testament of John Gass, deceased, and was tried in the county of Greene, upon an issue of devisavit vel non, which was found by the jury in favor of the will, and judgment rendered accordingly; to reverse which this writ of error is prosecuted. The will is attacked by the heirs of...   Cases  
Gause v. Hale 2 Ired.Eq. 241, Supreme Court of North Carolina (June 01, 1842) 1842 In construing marriage articles, Courts of Equity are not restrained by the technical rules, which prevail in limitations of legal estates and executed trusts; but indulge in a liberal interpretation, so as to secure the protection and support of those interests, which, from the nature of the instrument, it must be presumed were thereby intended to...   Cases  
Gayden v. Gayden McMul.Eq. 435, Court of Appeals of Equity of South Carolina (May 01, 1842) 1842 In general, one administrator is not bound for the default of his co-administrator, unless where their acts are concurrent. But, at law, both may be jointly liable on their bond. This Court, however, discriminates and charges each with his own proper defaults. They are both liable, at law, upon the administration bond, both being princiapls. In...   Cases  
Gibson v. Andrews 4 Ala. 66, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the County Court of Mobile.   Cases  
Gibson v. Carson's Adm'r 3 Ala. 421, Supreme Court of Alabama (January 01, 1842) 1842 This cause comes here by writ of error from the Chancery Court sitting at Cahawba.   Cases  
Givhan v. Dailey's Adm'x 4 Ala. 336, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Lowndes.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
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