TitleCitationYearSummaryMost RelevantTypeStatus
Prince v. Logan 17 S.C.Eq. 29, Court of Appeals of Equity of South Carolina (December 01, 1842) 1842 1. As a general rule, the Court will not sanction an encroachment on the capital of a minor's estate. If the estate is large, the income should be sufficient. If it be inconsiderable, the income should aid in supporting the minor, if necessary. In those cases in which the Court will permit the application of a portion of the capital, the emergency...   Cases  
Puckett v. Clarke 3 Rob. (LA) 81, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the District Court of Ouachita, Boyce, J.   Cases  
Pulaski County v. Irvin 4 Ark. 473, Supreme Court of Arkansas (July 01, 1842) 1842 The provision in the Constitution of this State, that the county courts shall have jurisdiction in all matters relating to county taxes, disbursements of money for county purposes, and in every other purpose that may be necessary to the internal improvement and local concerns of their respective counties, does not confer on those tribunals the...   Cases  
Pyeatt v. Spencer 4 Ark. 563, Supreme Court of Arkansas (July 01, 1842) 1842 Whether the evidence given in this case, established insanity, considered and discussed. This was an action of covenant, tried in the Washington Circuit Court, in May, 1842, before the Hon. Joseph M. Hoge, one of the Circuit Judges. Spencer, by his declaration, alleged that Pyeatt, on the 15th of June, 1839, by his covnant, under seal, for the...   Cases  
Rice v. Richardson 3 Ala. 428, Supreme Court of Alabama (January 01, 1842) 1842 Error to the Circuit Court of Greene.   Cases  
Rightor v. Slidell 3 Rob. (LA) 375, Supreme Court of Louisiana (December 01, 1842) 1842 Appeal from the District Court of the First District, Buchanan, J.   Cases  
RIGHTS OF SOVEREIGNTY-THE CASE OF THE CREOLE. 4 U.S. Op. Atty. Gen. 98 (July 20, 1842) 1842     Administrative Decisions & Guidance  
Robinson v. Calloway 4 Ark. 94, Supreme Court of Arkansas (January 01, 1842) 1842 It is perfectly clear, under our revised statutes, page 659, that this action may be maintained for an unlawful taking, or a wrongful detention of a personal chattel. The plaintiff, to support the action, must show title: he has no right to a recovery unless he has been injured, either by an invasion of his right of property or his right of...   Cases  
Ryan v. Goodwyn McMul.Eq. 451, Court of Appeals of Equity of South Carolina (May 01, 1842) 1842 Where a party uses technical language, in a deed or other instrument, the law presumes, he intended it in a technical sense, to be understood and used-and parol testimony is inadmissible to explain, control, or vary the legal effect of such deed, or other instrument.   Cases  
Sams v. Rhett 2 McMul. 171, Court of Appeals of Law of South Carolina (February 01, 1842) 1842 Plaintiff one of the brothers of Francis Sams, (dec'd,) paid to the defendant, attorney for the executors of the late Gov. Hopkins, of Georgia, $815, who, it appears had a judgment against the said Francis Sams, for $1031 31, with interest from 18 Feb. 1818, besides costs. At the time of the payment of the money to defendant, by plaintiff, a...   Cases  
Saulet v. Trepagnier 2 Rob. (LA) 357, Supreme Court of Louisiana (June 01, 1842) 1842 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Sayre v. Craig 4 Ark. 10, Supreme Court of Arkansas (January 01, 1842) 1842 Where S., by covenant, sold and agreed to convey to C., by deed in fee simple, and with general warranty, a tract of land, in consideration of which agreement C. agreed to pay S. $8,947.36 at a future day, and $5,000 at another day; and that, to secure the payments, he would deliver to S. bills on New Orleans, drawn by a third person and accepted...   Cases  
Seip v. Hozey 2 Rob. (LA) 567, Supreme Court of Louisiana (July 01, 1842) 1842 Appeal from the Commercial Court of New Orleans, Watts, J. There was a judgment in this case against the sureties of Hozey, for the whole amount for which they were respectively liable on his official bond, to be discharged on payment into court of $690, the amount claimed by the petitioner, with costs of suit. Layton, Ferrière, and Bach, three of...   Cases  
Skinner v. Lamb 3 Ired. 155, Supreme Court of North Carolina (December 01, 1842) 1842 William W. Freshwater made his will, and, after some devises of land and personal property, and directing his debts to be paid, bequeathed as follows: The balance of my estate to be equally divided between my wife and children. The testator at his death had three children, daughters, Matilda, Orange and Elizabeth. In another clause of the will...   Cases  
Slade v. Washburn 2 Ired. 414, Supreme Court of North Carolina (June 01, 1842) 1842 In our opinion this joint action cannot be maintained; and, as that point is decisive of the plaintiff's case, we shall confine our observations to it. If the plaintiff had brought trespass, he might have maintained it on the joint taking of the defendants, or by their taking severally what each claimed, both being present and each giving...   Cases  
Smallwood v. Pratt 3 Rob. (LA) 132, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the District Court of Claiborne, Campbell, J.   Cases  
Smith v. Greer 22 Tenn. 118, Supreme Court of Tennessee (April 01, 1842) 1842 In this case it appears from the pleadings and evidence that Joseph Lea, of Chatham county, North Carolina, on the 25th of August, 1804, executed his last will and testament, which was proven and registered in said county, in February, 1805, and that James Taylor, Joseph Lea, and John, Lea, his sons, were appointed executors. The said will among...   Cases  
Smith v. Scott 3 Rob. (LA) 258, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the District Court of Rapides, King, J.   Cases  
Snider v. Lackenour 2 Ired.Eq. 360, Supreme Court of North Carolina (December 01, 1842) 1842 The plaintiff, Philip Snider, filed this bill in July 1841, against Philip Lackenour and Samuel and Elizabeth the wife of said Samuel, defendants. In it he charges, that in 1814 he intermarried with Salome, the daughter of George Lackenour, by whom he had several children; that in the year 1832, the said George, intending to divide his estate among...   Cases  
Sprague v. One Hundred and Forty Barrels of Flour 2 Story 195, Circuit Court, D Massachusetts (May 01, 1842) 1842 This was a libel for salvage of certain goods, and was certified to this court, from the district court, under the act of 3d of March, 1821 (chapter 189), on account of the district judge being related to the libellants. The libel set forth, in substance, that on the 9th of April, 1842, the master and crew of the brig Cambrian, of Boston,...   Cases  
State ex rel. Wardens of Poor of Beaufort County v. Gerard 2 Ired.Eq. 210, Supreme Court of North Carolina (June 01, 1842) 1842 A. devised certain lands to his wife for life, and after her death to B. S. for life, and after the death of B. S. to the poor of the county of Beaufort, on the express following conditions and no other, that is to say, that they shall never be sold, but be held as a stock belonging to said poor, subject to be rented, cultivated or leased, as the...   Cases  
State v. Abram 4 Ala. 272, Supreme Court of Alabama (June 01, 1842) 1842 It may be well to premise that independently of any legislation upon the subject, this Court, in virtue of its constitutional powers, was competent to award a writ of error to bring up for revision the proceedings in a criminal cause in which the accused had been convicted. [Lynes v. The State, 5 Porter's Rep. 236.] In cases of treason and felony...   Cases  
State v. Dobson 3 Harr. 563, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 On the trial of an indictment for the larceny of a bank note, proof must be given of the genuineness of the note. Indictment for larceny of bank notes, viz: two $20 bank notes of the Farmers' Bank of the State of Delaware; one $10 note of the same bank; and two $2 notes of the Bank of Smyrna. The State proved the loss of the notes generally; the...   Cases  
State v. Harris 3 Harr. 559, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 The defendant was indicted for stealing one pair of boots and the proof was that he stole two boots mismatched, being the right boot of two pair. It was objected by his counsel, that this proof did not sustain the indictment, and the objection was held good. The object of certainty in an indictment is to inform the defendant plainly and...   Cases  
State v. Judge of Court of Probates 2 Rob. (LA) 449, Supreme Court of Louisiana (June 01, 1842) 1842 Application for a mandamus to the Judge of the Court of Probates of New Orleans, Bermudez, J.   Cases  
State v. Judge of First Judicial District 2 Rob. (LA) 395, Supreme Court of Louisiana (June 01, 1842) 1842 Application for a mandamus to the Judge of the First Judicial District. George A. Waggaman presented a petition representing that an action had been instituted against him in the District Court of the First Judicial District, by his wife, to withdraw from him the administration of her paraphernal property. That, at her instance, an order of...   Cases  
State v. Smith 2 Ired. 402, Supreme Court of North Carolina (June 01, 1842) 1842 Defendants in an indictment have a right to plead severally not guilty; but a general plea of not guilty by all the defendants, is, in law, a several plea. Whether the trial shall be separate or not, is a matter of sound discretion to be exercised by the court under all the circumstances of the case. The right to challenge a juror is a right to...   Cases  
State, to Use of Washington County v. Baltimore & O.R. Co. 12 G. & J. 399, Court of Appeals of Maryland (December 01, 1842) 1842 The proviso in the 5th section of the act of 1835, chap. 395, that if the said Baltimore and Ohio Rail Road Company shall not locate the said road in the manner provided for in this act, then and in that case they shall forfeit one million of dollars to the State of Maryland, for the use of Washington County, though assented to by the...   Cases  
Stewart v. Fowler 3 Ala. 629, Supreme Court of Alabama (January 01, 1842) 1842 Writ of error to the County Court of Morgan.   Cases  
Stewart v. Fry 3 Ala. 573, Supreme Court of Alabama (January 01, 1842) 1842 Appeal from the Court of Chancery for the first Distrist of the Southern Division.   Cases  
Stewart v. Hall 3 B.Mon. 218, Court of Appeals of Kentucky (October 24, 1842) 1842 Chancery Attachments. ERROR TO THE FAYETTE CIRCUIT. The case stated THIS is a contest in Chancery, between Alexander Stewart & Co., as attaching creditors of Keeler, McNeil & Co., of New York, and James Hall and Thaddeus Keeler, who claim the same fund (choses in action and equities) by an assignment to trustees for...   Cases  
Stewart v. Pickard 1 Rob. (LA) 415, Supreme Court of Louisiana (March 01, 1842) 1842 Appeal from the Court of Probates of East Feliciana. Saunders, J.   Cases  
Stinson v. Day 40 Va. 435, Supreme Court of Appeals of Virginia (December 01, 1842) 1842 This is an awkward and obscure devise, but it has a key to it, which I think will unlock the testator's meaning. That key is to be found in the condition of this daughter, and the provision which a father would be naturally disposed to make for a child in her circumstances. She was the wife of an improvident husband, and the mother of a large, and,...   Cases  
Succession of Bowles 3 Rob. (LA) 35, Supreme Court of Louisiana (September 01, 1842) 1842 Appeal from the Probate Court of St. Mary, Palfrey, J.   Cases  
Succession of Field 3 Rob. (LA) 5, Supreme Court of Louisiana (September 01, 1842) 1842 Appeal from the Court of Probates of St. Mary, Palfrey, J.   Cases  
Succession of Frantum 3 Rob. (LA) 283, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the Court of Probates of Ouachita, Lamy, J.   Cases  
Succession of Goodrich 3 Rob. (LA) 100, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the Court of Probates of Ouachita, Lamy, J.   Cases  
Succession of Johnson 3 Rob. (LA) 216, Supreme Court of Louisiana (October 01, 1842) 1842 Appeal from the Court of Probates of Catahoula, Taliaferro, J.   Cases  
Succession of Milne 2 Rob. (LA) 382, Supreme Court of Louisiana (June 01, 1842) 1842 Appeal from the Court of Probates of New Orleans, Bermudez, J.   Cases  
Succession of Senac 2 Rob. (LA) 258, Supreme Court of Louisiana (May 01, 1842) 1842 Appeal from the Court of Probates of New Orleans, Bermudez, J.   Cases  
Sumner v. Gray 4 Ark. 467, Supreme Court of Arkansas (July 01, 1842) 1842 The vendee of personal property, while he remains in possession, and has not been evicted by paramount title or, after the property has died, cannot defend against an action for the purchase money, on the ground that the vendor had no title. The rule of the civil law is the correct one, which is, that if one, in good faith, sells and puts another...   Cases  
Sydney v. State 22 Tenn. 478, Supreme Court of Tennessee (December 01, 1842) 1842 The defendant was indicted in the Robertson circuit court for an assault with intent to commit a rape. The indictment contains three counts. In the first, he is charged with an assault upon Sarah Jane Moody, a female of the age of six years, with intent to commit a rape. The second count charges that the defendant made an assault upon Sarah Jane...   Cases  
Taylor v. Reese 4 Ala. 121, Supreme Court of Alabama (June 01, 1842) 1842 ERROR to the Orphans' Court of Lowndes.   Cases  
Terrell v. Cutrer 1 Rob. (LA) 367, Supreme Court of Louisiana (February 01, 1842) 1842 Appeal from the District Court of St. Tammany, Jones, J.   Cases  
Thibodeaux v. Thomasson 1 Rob. (LA) 376, Supreme Court of Louisiana (February 01, 1842) 1842 Appeal from a judgment of the District Court of Lafourche Interior, Nicholls, J.   Cases  
Thomas v. Selser 1 Rob. (LA) 425, Supreme Court of Louisiana (March 01, 1842) 1842 Appeal from the District Court of West Feliciana, Johnson, J.   Cases  
Thomasson v. Kerr 2 McMul. 340, Court of Appeals of Law of South Carolina (May 01, 1842) 1842 A prisoner, confined in jail under execution or mesne process, is bound to maintain himself so long as he has the means; and where a sheriff or jailer has in his custody a prisoner, confined either under execution or final process, before he can recover pay for the maintainance of such prisoner, from the plaintiff at whose suit the prisoner is...   Cases  
Thompson v. Chretien 3 Rob. (LA) 26, Supreme Court of Louisiana (September 01, 1842) 1842 Appeal from the District Court for the parish of St. Landry, Lewis, J.   Cases  
Thompson v. Farr 28 S.C.L. 93, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 1. A special verdict may be found by consent of parties, or by the direction of the Judge, or at the discretion of the jury, but cannot be claimed of right by one party. A special verdict must find facts, and not the evidence tending to establish them. 2. An appeal from the Ordinary's decree, as to an executor's right to have probate of a will, so...   Cases  
Thompson v. McKisick 22 Tenn. 631, Supreme Court of Tennessee (December 01, 1842) 1842 This bill is filed by the persons named as legatees in a will executed by the late Susannah McKisick, wife of the defendant Spivy, to set up her will and to obtain the property therein devised to them. The property in controversy belonged to the late James Peters, and was by him devised, in his last will, to his daughter Susannah, in the following...   Cases  
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