| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Henley v. Stemmons |
4 B.Mon. 131, Court of Appeals of Kentucky (October 05, 1843) |
1843 |
Case stated. HELM, as Commissioner under a decree of the Lincoln Circuit Court, sold a house and lots as the property of Wheat, in Stanford, and Withers became the purchaser, and executed bond for $530, the last payment, with Henley as his surety, and took Helm's bond for a conveyance; Withers sold the house and lots to Stemmons, and gave his bond... |
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| Henry v. Hogan |
23 Tenn. 208, Supreme Court of Tennessee (July 01, 1843) |
1843 |
This is a bill filed by the complainants against the executors of the last will and testament of William Conway, deceased, and the devisees of the real estate under the will, for an account for the proceeds of the land belonging to the estate of the said William Conway, from the date of his death, and the appropriation of the same to their benefit.... |
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| Henry v. State |
23 Tenn. 270, Supreme Court of Tennessee (December 01, 1843) |
1843 |
The plaintiff in error was indicted, in Stewart county, for an assault upon Margaret Buchanan, a white woman, with intent to commit a rape. He was found guilty in the circuit court, and appealed to this court. 1st. The bill of exceptions shows that, when the jury to try the prisoner was being empanelled, Robert Tompkins was called, who stated that... |
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Cases |
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| Hester v. Hester |
3 Ired.Eq. 9, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The commissioner finds a large balance to be due fron the plaintiff, but states that the administrator filed with the clerk a large amount of bonds belonging to the estate, and required of the commissioner that he should list them and calculate the interest due on each, and that this has been declined as not coming within the order of the Court,... |
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| Hewett v. Outland |
2 Ired.Eq. 438, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The court is of opinion, that the dissolution of the injuction was properly refused. The equity of the plaintiff is founded on the assignment of the judgment and payment by him in conformity thereto. Those facts are admitted in the answer. But it seeks to avoid their effect, by setting up a distinct equity of this defendant against the other... |
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Cases |
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| Hitchcock v. North |
5 Rob. (LA) 328, Supreme Court of Louisiana (July 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Hockaday v. Willis |
28 S.C.L. 379, Court of Appeals of Law of South Carolina (May 01, 1843) |
1843 |
1. A bill of sale, made by the loser to the winner for property lost at play, being void as a conveyance, under the Statute of Anne, its assignment by the latter, if unaccompanied by actual delivery of the goods, could be no consideration for a note or other promise, and the expression of the assignee's willingness to run all risk, could not make... |
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Cases |
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| Holloway v. Conner's Heirs |
3 B.Mon. 395, Court of Appeals of Kentucky (May 06, 1843) |
1843 |
Remainders. Husband and wife. Execution. ERROR TO THE NELSON CIRCUIT. The case stated IN 1819 Richard Head departed this life, leaving a will which was in same year duly proven and admitted to record in the office of the Nelson County Court. After making several specific devises, the testator devised all the residue of his estate to his wife, for... |
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Cases |
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| Holmes v. Hemken |
6 Rob. (LA) 51, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Ouachita, Curry, J. |
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Cases |
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| Houston v. Royston |
1 Smedes & M. 238, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
When a matter has been submitted to, and decided by, a court of law, having full and ample jurisdiction, it is res adjudicata, and cannot be revised by a court of chancery. |
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| Hudson v. Grout |
5 Rob. (LA) 499, Supreme Court of Louisiana (September 01, 1843) |
1843 |
Appeal from the District Court of St. Mary, Campbell, J. |
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Cases |
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| Hunter v. Andrews |
29 S.C.L. 73, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. A verdict having been obtained against an absent debtor, in assumpsit, by foreign attachment, a motion was made for leave to enter up judgment, and have execution against the garnishee, who had failed to make any return. It was resisted upon an affidavit, submitted by the garnishee, and also by the sheriff, by which it appeared that when the... |
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Cases |
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| In re Hacket |
4 Rob. (LA) 290, Supreme Court of Louisiana (April 01, 1843) |
1843 |
Appeal from the Court of Probates of West Baton Rouge, Favrot, J. |
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Cases |
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| In re Kershaw |
5 Rob. (LA) 488, Supreme Court of Louisiana (September 01, 1843) |
1843 |
Thomas B. Kershaw, is appellant from a judgment of the Court of Probates of St. Mary, Dumartrait, J., removing him from the tutorship of his child on the ground of notorious bad conduct. |
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| Irvin v. The Real Estate Bank |
5 Ark. 30, Supreme Court of Arkansas (January 01, 1843) |
1843 |
The allowance of fees for keeping property taken in execution or by attachment, is a matter left to the discretion of the Circuit Court; and when the Circuit Judge, in making such allowance, has all the facts before him, and the question involves no principle of law, this court cannot disturb his decision. This was a proceeding had in the Circuit... |
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| Isler v. Outlaw |
23 Tenn. 118, Supreme Court of Tennessee (April 01, 1843) |
1843 |
In 1839 the late Joseph H. Bryan, of Fayette county, then in life and on a visit to Raleigh, North Carolina, gave his bond to his nephew, the defendant, binding himself in the penalty of $10,000 to convey to him 640 acres of land in a body, being part of a 1,400-acre tract, including the improvements on section 15; and also certain mills upon a... |
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| Jewell's Lessee v. Jewell |
42 U.S. 219, Supreme Court of the United States (January 01, 1843) |
1843 |
THIS case was brought up, by writ of error, from the Circuit Court for the district of South Carolina. The facts which were not denied were few; nearly all the evidence being of a contradictory character. All this evidence was brought to the notice of this court, in the argument, in consequence of the refusal of the court below to grant the third... |
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Cases |
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| Jim v. State |
23 Tenn. 289, Supreme Court of Tennessee (December 01, 1843) |
1843 |
The prisoner was indicted, in the county of DeKalb, for the crime of murder; convicted, and sentenced to death, and he prosecutes an appeal to this court. The question of reversal rests upon the character of the proof adduced on the trial, and the conduct of the jury in the mode adopted by them of arriving at the result of this verdict, as it is... |
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| Johnson v. Johnson |
5 Ala. 90, Supreme Court of Alabama (January 01, 1843) |
1843 |
ERROR to the Chancery Court at Mobile. |
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Cases |
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| Jones v. Earle |
1 Gill 395, Court of Appeals of Maryland (December 01, 1843) |
1843 |
In every case where a will is to be construed, the great object is to ascertain, from the face of the paper, the intention and design of the testator, which is to be carried into effect, unless opposed by some principle of positive law. The will and the codicil constitute one instrument; and the codicil revoking in terms a portion of the will, has... |
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| Jones v. Hunter |
6 Rob. (LA) 235, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Concordia, Curry, J. |
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Cases |
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| Jones v. Stanton |
7 Howard 601, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
It seems there is nothing in the statute authorizing a forthcoming bond, which would exclude executors from the benefit of the act. Quere, as to whether, under our statute, an execution on a forfeited forthcoming bond given by executors can be prosecuted against them in their representative capacity, and against the security in his own right. It is... |
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| Jones v. Vanzandt |
2 McLean 596, Circuit Court, D Ohio (July 01, 1843) |
1843 |
This was an action of trespass on the case by Wharton Jones against John Vanzandt. This action is brought by the plaintiff, a citizen of the state of Kentucky, against the defendant, a citizen of Ohio, under the act of congress, in regard to fugitives from labor. The declaration contains nine counts: First. That the plaintiff, being a citizen of... |
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| Kelly v. Matthews |
5 Ark. 223, Supreme Court of Arkansas (July 01, 1843) |
1843 |
When pleas are stricken out, they are considered as taken off the files. If the defendant would bring them before this court, he must do it by setting them out in a bill of exceptions. When, in a suit on a note, oyer is craved and the instrument filed, if the defendant does not demur for variance, but pleads and goes on to trial, he accepts the... |
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Cases |
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| Kennedy v. McArthur |
5 Ala. 151, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of Error to the Circuit Court of Wilcox county. |
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Cases |
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| Kennedy v. Pickens |
3 Ired.Eq. 147, Supreme Court of North Carolina (December 01, 1843) |
1843 |
The bill states, that the defendant Robert Perkins was appointed administrator of the estate of William Perkins deceased; that the plaintiff, Dogharty, and and the intestate of the other plaintiff, were his sureties to the administration bond; that the administrator received assets to the amount of $1105 28: that there were no debts owing, or, if... |
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| Kershaw v. Merchants' Bank |
7 Howard 386, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
The statute of this state, which declares that in actions commenced or sued upon any assigned bond, obligation, bill single, promissory note, and all other writings for the payment of money, or any other thing, the defendant shall be allowed the benefit of all want of lawful consideration, failure of consideration, payments, discounts, and... |
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Cases |
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| Kidd v. King |
5 Ala. 84, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of Error to the Circuit Court of Marengo county. |
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Cases |
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| Killcrease v. Killcrease |
7 Howard 311, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
The probate court has jurisdiction to compel the administrator or executor to return a full inventory. If the husband reduce the wife's choses in action to possession during coverture, they constitute a part of his estate, and go to his heirs on his death. If the executor give insufficient security, it is the duty of the probate court to require... |
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Cases |
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| Knox v. Liddell |
5 Rob. (LA) 111, Supreme Court of Louisiana (June 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Kohn v. Miller |
5 Rob. (LA) 515, Supreme Court of Louisiana (September 01, 1843) |
1843 |
Appeal from the District Court of St. Martin, Boyce, J. |
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Cases |
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| Krog v. Rice |
28 S.C.L. 333, Court of Appeals of Law of South Carolina (May 01, 1843) |
1843 |
1. A covenanted to build for B, a house of certain dimensions and parts, in a workmanlike manner. B, on his part, agreed to pay A for the whole work $1125; $425 to be paid when the house was enclosed by weatherboarding and shingling, the remaining $700 to be paid when the whole work was completed. Plaintiff averred performance of the contract on... |
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Cases |
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| Lamb v. Lamb |
17 S.C.Eq. 289, Court of Appeals of Equity of South Carolina (December 01, 1843) |
1843 |
1. When in granting an order to an administrator, for the sale of personal property, the Ordinary specifies the day of sale, it should be made on that day; but this is not so indispensable as to exclude the exercise of any discretion on the part of the administrator. A storm, the absence of bidders, or other like circumstances, would not only... |
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Cases |
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| Lard v. Strother |
4 Rob. (LA) 95, Supreme Court of Louisiana (February 01, 1843) |
1843 |
Appeal from the District Court of Pointe Coupée, Nicholls, J. |
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Cases |
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| Lawless v. Guelbreth |
8 Mo. 139, Supreme Court of Missouri (July 01, 1843) |
1843 |
Armstead Lawless, Hugh Lackey, and John W. Paulding, commenced an action of trespass on the case against Augustin Guelbreth, in the Circuit Court of St. Louis county, and judgment being there given against them, they appealed to this court. It appeared in evidence, that some time in the year 1830, Lawless, one of the plaintiffs, had purchased from... |
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Cases |
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| Lazarus v. Lewis |
5 Ala. 457, Supreme Court of Alabama (June 01, 1843) |
1843 |
ERROR to the Circuit Court of Butler. |
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Cases |
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| Le Baron v. James |
4 Ala. 687, Supreme Court of Alabama (January 01, 1843) |
1843 |
It is evident from an examination of the statutes authorizing the process of attachment, that it was intended to be given only in cases of money demands, and even with respect to these it deserves consideration whether the process is not confined to those which are of a liquidated nature, or capable of precise ascertainment. It is true, when the... |
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Cases |
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| Levistone v. Bona |
4 Rob. (LA) 459, Supreme Court of Louisiana (May 01, 1843) |
1843 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Lobdell v. Burke |
5 Rob. (LA) 93, Supreme Court of Louisiana (June 01, 1843) |
1843 |
Appeal by the plaintiff from the District Court of the First District, Buchanan, J. |
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Cases |
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| Logan v. Mason |
Supreme Court of Pennsylvania (September 01, 1843) |
1843 |
If anything has been settled by decision, it is that the right to apply a payment without restriction as to anything but the time, devolves on the creditor in default of application by the debtor; and I feel myself so bound by it, that were I ever so well convinced of the superior excellence of the civil law, I could not adopt it. I know not how an... |
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Cases |
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| Long v. Brown |
4 Ala. 622, Supreme Court of Alabama (January 01, 1843) |
1843 |
APPEAL from the Chancery Court at Talladega. |
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Cases |
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| Lowry v. Erwin |
6 Rob. (LA) 192, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Madison, Curry, J. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Lucy v. State |
8 Mo. 134, Supreme Court of Missouri (July 01, 1843) |
1843 |
The plaintiff in error was indicted in the Shelby Circuit Court, for arson in the fourth degree, under the sixth and tenth sections of the third article of the act concerning Crimes and Punishments, and was convicted. Her counsel moved in arrest of judgment, and to quash the indictment, because the name of a prosecutor was not indorsed thereon. The... |
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Cases |
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| Lunsford v. Richardson |
5 Ala. 618, Supreme Court of Alabama (June 01, 1843) |
1843 |
WRIT of Error to the Circuit Court of Sumter. |
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Cases |
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| Markham v. Merrett |
7 Howard 437, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
An infant feme covert is not estopped by a relinquishment of dower made during coverture. If a feme covert relinquish dower during her infancy, she will not be compelled to refund any portion of the purchase money received by her husband, if she afterwards claim dower. Where two persons formed a mercantile co-partnership for the purpose of carrying... |
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| Marmaduke v. Tennant's Heirs |
4 B.Mon. 210, Court of Appeals of Kentucky (October 13, 1843) |
1843 |
Ejectment. Amendments. Division of lands. Sale of land under execution. Judgment. APPEAL FROM THE GENERAL COURT. UPON the demise of sundry persons, claiming to be the heirs of John Tennant, deceased, a judgment in ejectment was recovered against the appellants, from which they have appealed to this Court. The facts and law of the case, as ruled by... |
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Cases |
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| Marty v. His Creditors |
5 Rob. (LA) 193, Supreme Court of Louisiana (June 01, 1843) |
1843 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Mathews v. Boland |
5 Rob. (LA) 200, Supreme Court of Louisiana (June 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| McAden v. Gibson |
5 Ala. 341, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of Error to the Circuit Court of St. Clair. |
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Cases |
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| McCracken v. Hair |
29 S.C.L. 256, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. If an overseer who has been guilty of acts of misconduct or negligence which occasion no direct pecuniary damage to his employer, but which yet so exhibit his unfitness for his place as to justify his dismissal, be continued in his employment, with a full knowledge of them on the part of the employer, such acts will not afterwards justify a... |
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Cases |
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