TitleCitationYearSummaryMost RelevantTypeStatus
Lewis v. Baird 3 McLean 56, Circuit Court, D Ohio (July 01, 1842) 1842 In equity.   Cases  
Littlejohn v. Jones 2 McMul. 365, Court of Appeals of Law of South Carolina (May 01, 1842) 1842 The owner of a private ferry may so use it (although on a road not opened by public authority, or repaired by public labor,) as to subject himself to the liability of a common carrier, if he undertakes for hire, to convey across the river all persons indifferently, with their carriages and goods. But this is a question of fact, to be determined by...   Cases  
Lockridge v. Lockridge 2 B.Mon. 258, Court of Appeals of Kentucky (April 15, 1842) 1842 Alimony. Equity and equitable jurisdiction. ERROR TO THE MONTGOMERY CIRCUIT. AN annuity of $140 having been decreed to Mrs. Lockridge for alimony, in consequence of a decision by this Court between these parties, reported in 3 Dana, 28, the husband lately enjoined a process of attachment for enforcing one year's allowance, on the ground that he had...   Cases  
Long v. Baugas 2 Ired. 290, Supreme Court of North Carolina (June 01, 1842) 1842 The position, that the property of the plaintiff, in an action of detinue, in the thing sued for, is transferred to the defendant in the action, by a verdict and judgment for the defendant upon non-detinet pleaded, is founded upon a total misconception. If the judgment be for the plaintiff, and the defendant pay and the plaintiff receive the...   Cases  
Losee v. Losee 2 Hill 609, Supreme Court, New York (January 01, 1842) 1842 Where an instrument is read in evidence on proof merely of the hand-writing of a deceased attesting witness, the adverse party may give evidence of the witness' bad character at the time of attesting, or show his subsequent declarations that the instrument was a forgery. And see note (a). If the force of the attestation clause be thus overthrown,...   Cases  
Losee v. Losee 2 Hill 609 (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  
Lyons v. Kenner 2 Rob. (LA) 50, Supreme Court of Louisiana (April 01, 1842) 1842 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Maclin v. Smith 2 Ired.Eq. 371, Supreme Court of North Carolina (December 01, 1842) 1842 The bill is filed mainly to have a settlement of the accounts of the defendant, Absalom B. Smith, as the guariand of the plaintiff Mary, and as executor of her deceased father, and the other children of the testator are also made parties defendants as having an interest in the taking of the accounts of the executor. Another object of the bill is to...   Cases  
Magee v. Carpenter 4 Ala. 469, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the County Court of Mobile.   Cases  
Malone v. Barker 2 Rob. (LA) 369, Supreme Court of Louisiana (June 01, 1842) 1842 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Malone's Adm'r v. Hobbs 40 Va. 346, Supreme Court of Appeals of Virginia (November 01, 1842) 1842 (Absent Cabell, P. and Allen, J.) Where a will has been admitted to probat, and a person interested appears within seven years afterwards and files a bill in chancery under the act 1 Rev. Code of 1819, ch. 104. § 13. it is sufficient in such bill to aver in general terms that the writing of which probat has been received is not the will of the...   Cases  
Manadue v. Kitchen 3 Rob. (LA) 261, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the District Court of Rapides, King, J.   Cases  
Maria v. Edwards 1 Rob. (LA) 359, Supreme Court of Louisiana (February 01, 1842) 1842 Appeal from the District Court of Iberville, Nicholls, J.   Cases  
Marlow v. Hamer 6 Howard 189, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 When the plaintiff elects to demur to a plea which he might have treated as a nullity, a judgment without a disposition of the demurrer will be erroneous; and the error will not be aided by the statute of jeofails.   Cases  
Martin v. Drake 1 Rob. (LA) 218, Supreme Court of Louisiana (January 01, 1842) 1842 This case was tried before a jury in the District Court of the First District, Buchanan, J. The plaintiff sues as the testamentary executor of Arthur Mann.   Cases  
Mathews v. Mathews McMul.Eq. 410, Court of Appeals of Equity of South Carolina (February 01, 1842) 1842 Where one of the defendants, an executor, contracted for the sale of real estate, not necessary for the payment of debts-and afterwards, upon an application to the Court of Equity, for a confirmation of the sale thereof, he was joined by the executrix, who though she was only joining pro forma. It was held, that she was bound to the devisees, for...   Cases  
May v. Little 3 Ired. 27, Supreme Court of North Carolina (December 01, 1842) 1842 It is a rule of law, that when an action is brought by or against the husband, or by the husband and wife, jointly, in right of the wife, the declarations of the wife are not evidence against him. Winsmore v Greenbank, Willes 577. Alban v Pritchett, 6 T.R. 680. Phillips' Ev. 64. If William B. May had been sued on the bond in his lifetime, these...   Cases  
McAnulty v. Bingaman 6 Howard 382, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 A deed not proved and recorded within the time required by the statute is not void, but binding between the parties and those having notice thereof. In a proceeding under several judgments to try the right of the same property, there should be separate bonds and issues. When damages were assessed for delay in a proceeding to try the right of...   Cases  
McRae v. Pegues 4 Ala. 158, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the County Court of Macon.   Cases  
McWhorter v. Lewis 4 Ala. 198, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Autauga.   Cases  
Mead v. Figh 4 Ala. 279, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the Chancery Court at Montgomery.   Cases  
Menefee v. Johnson 2 Rob. (LA) 274, Supreme Court of Louisiana (May 01, 1842) 1842 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Miller v. Gaskins 3 Rob. (LA) 94, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal by the plaintiff from a judgment of the District Court of Concordia, Curry, J.   Cases  
Miller v. McMillan 4 Ala. 527, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Sumter.   Cases  
Milnor v. Metz 41 U.S. 221, Supreme Court of the United States (January 01, 1842) 1842 Insolvency. M. was discharged by the insolvent laws of Pennsylvania, after having made, according to the requirements of the law, an assignment of all his estate, property and effects, for the benefit of his creditors; after his discharge, he presented a petition to congress for a compensation for extra services performed by him as...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Mock v. Kelly 3 Ala. 387, Supreme Court of Alabama (January 01, 1842) 1842 Error to the County Court of Lowndes.   Cases  
Monrose v. His Creditors 2 Rob. (LA) 280, Supreme Court of Louisiana (May 01, 1842) 1842 Appeal from the Parish Court of New Orleans, Maurian, J.   Cases  
Morris v. Harvey 4 Ala. 300, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Talladega county.   Cases  
Mulhollan v. Henderson 3 Rob. (LA) 297, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the District Court of Rapides, King, J.   Cases  
Noble v. Nettles 3 Rob. (LA) 152, Supreme Court of Louisiana (October 01, 1842) 1842 One Brooks, having obtained a judgment against Abraham Marler, seized under execution certain property of the latter, which was sold on a credit of twelve months, and purchased by Marler himself, for the price of which he executed a bond, with Meredith Marler as his security. The bond not being paid at maturity, an execution was issued against both...   Cases  
Norris v. Bradford 4 Ala. 203, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of error to the Circuit Court of Talladega county.   Cases  
Oden v. Rippetoe 4 Ala. 68, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Talladega county.   Cases  
Oden v. Stubblefield 4 Ala. 40, Supreme Court of Alabama (June 01, 1842) 1842 WRIT of Error to the Circuit Court of Talladega.   Cases  
Palmer v. Taylor 1 Rob. (LA) 412, Supreme Court of Louisiana (March 01, 1842) 1842 Appeal from the District Court of East Feliciana, Johnson, J.   Cases  
Parish v. Ellis 41 U.S. 451, Supreme Court of the United States (January 01, 1842) 1842 Appellate jurisdiction. The acts of congress, relating to judicial proceedings in the territory of Florida, gives the right of appeal to the supreme court of the United States, in cases of equity, of admiralty and maritime jurisdiction, and prize or no prize; but cases at law are to be brought up by writ of error, as provided for by the judiciary...   Cases  
Parker v. Whiting's Adm'r 6 Howard 352, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 An estate of a deceased person may be reported insolvent after the expiration of nine months from the grant of letters of administration; and, it seems, at any time before the expiration of the period limited by statute for the presentation of claims against the estate. Where an estate is regularly reported insolvent, a court from which an...   Cases  
Pattie v. Hall 2 B.Mon. 461, Court of Appeals of Kentucky (June 03, 1842) 1842 Devises. Descents. Wills. APPEAL FROM THE FRANKLIN CIRCUIT. The case stated. THE only question submitted to the Court for their decision is, whether Wm. Hall is entitled, as the survivor of his wife, to any interest in the estate of John Pattie, deceased. John Pattie executed an awkwardly drawn instrument, which was recorded and has been acted upon...   Cases  
Patton v. Walcott 4 Ark. 579, Supreme Court of Arkansas (July 01, 1842) 1842 By repealing a portion of the Revised Code, concerning delivery bonds, the Legislature totally destroyed the summary mode of proceeding on them, when forfeited. The plaintiff must either bring an ordinary suit upon the bond, or pursue his statutory remedy against the property. But he may file his declaration at the term when the bond is returned,...   Cases  
Peck v. Glass 6 Howard 195, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 A. devised all his estate real and personal to his wife, during her natural life, remainder over, and appointed her his executrix. He also directed by his will that his debts should be paid as soon as possible, out of any funds which his executrix might be able to appropriate for that purpose. At the time of the death of the testator, the estate...   Cases  
People v. McLeod 3 Hill 635, Court for the Correction of Errors of New York (January 01, 1842) 1842 Judge Tallmadge's pamphlet, purporting to be a review of the opinion of the supreme court in the above case, having been recently reprinted in 26th Wend., (p. 663 et seq.,) no apology is deemed necessary for inserting here the following extracts from an examination of it which appeared in the Democratic Review for May, 1842. They may serve to...   Cases  
Peter v. State 6 Howard 326, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 The statute of this state authorizing the parties to select a member of the bar to set in civil cases, when the presiding judge has been interested in the cause, does not apply to criminal prosecutions.   Cases  
Petit v. Grandmont 2 Rob. (LA) 283, Supreme Court of Louisiana (May 01, 1842) 1842 Appeal from the Parish Court of New Orleans, Maurian, J.   Cases  
Philbrick v. Holloway 6 Howard 91, High Court of Errors and Appeals of Mississippi (January 01, 1842) 1842 Where there have been three trials, and another trial would not be likely to change the result, this court will not award a new trial, although the verdict appears to be against the weight of evidence.   Cases  
Pickard v. Peters 3 Ala. 493, Supreme Court of Alabama (January 01, 1842) 1842 Error to the Circuit Court of Tallapoosa.   Cases  
Picot v. Armistead 2 Ired.Eq. 226, Supreme Court of North Carolina (June 01, 1842) 1842 A. by his last will, after making several bequests, devised as follows: The balance of my estate I dispose of as follows; I wish my wife, Marietta, to have the use of the same during her life or widowhood. If she marries, then I give her the one half of this balance of my estate, to her and her heirs, the other half to my child or children living...   Cases  
Pitts v. Curtis 4 Ala. 350, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the Circuit Court of Dallas.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Police Jury of Parish of Pointe Coupee v. Gardiner 2 Rob. (LA) 139, Supreme Court of Louisiana (April 01, 1842) 1842 The plaintiffs are appellants from a judgment of the District Court of the First District. They allege in their petition that Sebastian Hiriart was the owner of a tract of land in the parish of Pointe Coupée; that he had for a long period neglected to repair and keep in proper order a levee and public road on the said land, as he was bound by...   Cases  
Pope v. Lewis 4 Ala. 487, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the County Court of Mobile.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Prats v. His Creditors 2 Rob. (LA) 501, Supreme Court of Louisiana (June 01, 1842) 1842 Appeal from the Parish Court of New Orleans, Maurian, J.   Cases  
Price's Adm'r v. Boswell 3 B.Mon. 13, Court of Appeals of Kentucky (September 09, 1842) 1842 IN 1819, George Norton was largely involved in debt, and in failing circumstances. Among other debts, he owed to the Bank of the United States, one debt of $4,500, for which Venable was indorser, and his estate afterwards paid the debt; another for $2,000, on which John R. Price was indorser, and afterwards paid, and which is the foundation of this...   Cases  
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