TitleCitationYearSummaryMost RelevantTypeStatus
Price v. Price 5 Ala. 578, Supreme Court of Alabama (June 01, 1843) 1843 ERROR to the Circuit Court of Jackson.   Cases  
Pugh's Heirs v. Currie 5 Ala. 446, Supreme Court of Alabama (June 01, 1843) 1843 ERROR to the Chancery court of Barbour.   Cases  
Rachal v. Normand 6 Rob. (LA) 88, Supreme Court of Louisiana (October 01, 1843) 1843 Appeal from the District Court of Natchitoches, King, J.   Cases  
Ramsour v. Young 4 Ired. 133, Supreme Court of North Carolina (December 01, 1843) 1843 Where a sheriff, having several writs of fi. fa. and vend. ex. against a person at the instance of different creditors, takes an indemnifying bond from one of the creditors, and sells in consequence of that indemnity, he has no right afterwards to apply to the court for its advice as to the distribution or payment of the money raised by the sale,...   Cases  
Randolph v. State 8 Mo. 255, Supreme Court of Missouri (July 01, 1843) 1843 This is a proceeding by scire facias. The record shows, that Cyrus Hubbard, a justice of the peace of Clinton county, on the 11th December, 1840, filed in the office of the clerk of the Circuit Court of that county, the recognizance of Daniel H. Hubbard and others, conditioned that they should appear in the Circuit Court of said county on the first...   Cases  
Rasco v. Willis 5 Ala. 38, Supreme Court of Alabama (January 01, 1843) 1843 ERROR to the Circuit Court of Dallas.   Cases  
Ravenel v. Lyles 17 S.C.Eq. 281, Court of Appeals of Equity of South Carolina (December 01, 1843) 1843 1. By a resolution of the Directors of the Limestone Springs Company, A, on the 18th January, 1839, was appointed superintendant of the same, and also authorised to borrow for the company a sum not exceeding $10,000; to execute their bond for the money, and to make their real estate liable for it by mortgage. 2. A. applied to the Bank of the State...   Cases  
Ravisies v. Alston 5 Ala. 297, Supreme Court of Alabama (January 01, 1843) 1843 ERROR to the Circuit Court of Marengo.   Cases  
Reaves v. Waterman 29 S.C.L. 197, Court of Appeals of Law of South Carolina (December 01, 1843) 1843 1. Plaintiff shipped goods on board a vessel belonging to defendant, which, by the bill of lading, were to be delivered in Georgetown, the dangers of the sea only excepted, but which the consignee refused to receive, in consequence of their damaged condition. In an action against the owner of the vessel for the loss of the goods, the defence was,...   Cases  
Reed v. Moore 3 Ired. 310, Supreme Court of North Carolina (June 01, 1843) 1843 Although it is erroneous to submit to the jury an enquiry of fact, as to which there is no evidence; yet this Court will suppose the evidence, as stated in the case brought up from the Court below, to have been stated only in reference to the objections there raised, and will not grant a new trial, where an exception, as to the total want of...   Cases  
Reid v. Clark 17 S.C.Eq. 343, Court of Appeals of Equity of South Carolina (December 01, 1843) 1843 1. Bill filed by defendants against J. R, an executor, and others, for an account. At the time of filing the bill, J. R. was resident in another State, but upon being informed of the fact, returned, for the purpose of making a final settlement of the estate of his testator. At his request, the guardian of testator's minor children, who also acted...   Cases  
Reynaud v. His Creditors 4 Rob. (LA) 514, Supreme Court of Louisiana (May 01, 1843) 1843 Appeal from the Parish Court of New Orleans, Maurian, J.   Cases  
Ricard v. Kimball 5 Rob. (LA) 142, Supreme Court of Louisiana (June 01, 1843) 1843 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Robards v. Jones 4 Ired. 53, Supreme Court of North Carolina (December 01, 1843) 1843 First, the limitation over, in the third clause of the will, to the testator's two brothers and sister, of the personal estate given to the two sons of the testator in the first clause of the will, is not too remote. The testator in the third clause says, if my two sons should die, and leave no lawful issue, (an event which happened,) my will is,...   Cases  
Rodrigues ads. Habersham 28 S.C.L. 314, Court of Appeals of Law of South Carolina (May 01, 1843) 1843 1. The rule that the implied warranty of soundness arises, notwithstanding there is an express warranty of title as laid down in Wells vs. Spears, 1 McC., 421, arises only in those cases where the express contract is silent, for if there be any stipulation in the written contract in relation to the soundness or quality of the thing sold, the law...   Cases  
Rogers v. Darnaby 4 B.Mon. 238, Court of Appeals of Kentucky (October 21, 1843) 1843 Sheriffs. Executions. Replevin. ERROR TO THE BOURBON CIRCUIT. DARNABY, as relator, brought this action upon the official bond of Rogers, as Sheriff of the county of Bourbon, and recovered judgment against him and his sureties for $382 17, from which Rogers has appealed to this Court. The point upon which the case turns will very clearly appear by a...   Cases  
Rogers v. Moore's Devisees 4 B.Mon. 22, Court of Appeals of Kentucky (September 15, 1843) 1843 IN 1810, James F. Moore died, leaving thirteen children, and his will, made in 1807, was duly proved and admitted to record. In that will he names some of his children, to whom he gives or declares that he has given portions of his estate, and declares explicitly that none of them are to claim any other or farther part thereof. He then proceeds as...   Cases  
Rosine v. Bonnabel 5 Rob. (LA) 163, Supreme Court of Louisiana (June 01, 1843) 1843 Appeal from the Parish Court of New Orleans, Maurian, J.   Cases  
Ross v. Garey 7 Howard 47, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 In a trial of the right of property, the execution levied is a necessary part of the evidence, as showing the plaintiff's right to proceed against the property. An affidavit in support of a motion for a new trial is not of record, unless made so by a bill of exceptions. When a circuit judge takes a case under advisement in vacation, in pursuance of...   Cases  
Rowley v. Cummings 1 Smedes & M. 340, High Court of Errors and Appeals of Mississippi (July 01, 1843) 1843 Since the act abolishing imprisonment for debt, a defendant in attachment has a right to appear and plead without giving bond. This rule does not apply in cases of attachment for debts not due. The defendant in attachment pleaded in abatement, the plaintiff demurred, and the defendant joined in the demurrer; it was held to be error to render a...   Cases  
Rudy v. Harding 6 Rob. (LA) 70, Supreme Court of Louisiana (October 01, 1843) 1843 Appeal from the District Court of Carroll, Curry, J.   Cases  
Salle v. Light's Ex'rs 4 Ala. 700, Supreme Court of Alabama (January 01, 1843) 1843 WRIT of error to the Circuit Court of Mobile.   Cases  
Salter v. Pearce 4 Ala. 669, Supreme Court of Alabama (January 01, 1843) 1843 WRIT of Error to the Circuit Court of Butler.   Cases  
Sarah v. Borders 4 Scam. 341, Supreme Court of Illinois (December 01, 1843) 1843 [After stating the facts in the case.] The plaintiff's counsel insist that the acts of the territorial legislature upon this subject, are repugnant to article VI, of the ordinance of 1787, and therefore void. It is further insisted that the third section of article VI of the constitution of the state of Illinois, is also repugnant to the ordinance...   Cases  
Sasser v. Jones 3 Ired.Eq. 19, Supreme Court of North Carolina (June 01, 1843) 1843 This bill was filed on the 20th of February, 1838, and in it the plaintiff, Lewis Sasser, sets forth, that Arthur Jones, senior, of the county of Wayne, was in his life-time possessed of a large real and personal estate, and that, being old and extremely infirm, he was desirous to make a settlement of all his estate, whereby, after securing a...   Cases  
Satterwhite v. Carson 3 Ired. 549, Supreme Court of North Carolina (June 01, 1843) 1843 The goods of a deceased person in the hands of an administrator pendente lite, cannot be taken under an execution against the administrator for his personal and individual debt. An administrator pendente lite has no power to sell the effects of the deceased, except perishable property. Where goods of a deceased person, while in the hands of an...   Cases  
Savage v. Mears 41 Va. 570, Supreme Court of Appeals of Virginia (December 01, 1843) 1843 The court is of opinion, that according to the authority of Yerby v. Yerby, 3 Call 334. the subsequent birth of the child in this case was not a revocation of the will, and as the will was published, and the testator died, before the passage of the act of 1794 providing for the case of pretermitted children, this case does not fall within the...   Cases  
Sides v. Nettles 4 Rob. (LA) 170, Supreme Court of Louisiana (March 01, 1843) 1843 Appeal from the District Court of East Feliciana, Johnson, J.   Cases  
Slade v. Washburn 3 Ired. 557, Supreme Court of North Carolina (June 01, 1843) 1843 After the issue had been made up, on the petition of Harris and wife, at the October Term, 1826, of Rutherford County Court, we must understand that the court had revoked the previous probate of the supposed will, and that the paper, which had been propunded as such, remained before it, to be established or rejected according to the determination...   Cases  
Smith v. Hurd 7 Howard 188, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 A final account of an executor, allowed by the probate court, cannot subsequently be set aside on petition, except for fraud. Irregularity or error in the allowance of the account could only be corrected by a writ of error, or an appeal. The widow and the heir may be parties in a joint proceeding for the settlement and distribution of the...   Cases  
Smith v. McDowell 3 Rob. (LA) 430, Supreme Court of Louisiana (January 01, 1843) 1843 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Smith v. Story 23 Tenn. 169, Supreme Court of Tennessee (July 01, 1843) 1843 The plaintiff in error some years since sued out an attachment bill against the defendant in the chancery court at Dandridge as a non-resident debtor, in the trial of which it was determined by the supreme court, at this place, for the reasons stated in the report of the case (1 Humph.), that the court of chancery had no jurisdiction, the residence...   Cases  
Sorell v. Sorell 5 Ala. 576, Supreme Court of Alabama (June 01, 1843) 1843 ERROR to the County Court of Dallas.   Cases  
Soubie v. Sougeron 5 Rob. (LA) 148, Supreme Court of Louisiana (June 01, 1843) 1843 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Spurlock v. Union Bank 23 Tenn. 336, Supreme Court of Tennessee (December 01, 1843) 1843 This is an action of assumpsit, brought by the Union Bank against Josiah Spurlock, as the endorser of a bill of exchange, drawn by L. A. Kincannon, and made payable at the branch of the Farmers' Bank of Virginia, at Winchester, at six months. The bill at maturity was dishonored, but no notice thereof was ever communicated, so far as appears from...   Cases  
Stallsworth v. Stallsworth 5 Ala. 143, Supreme Court of Alabama (January 01, 1843) 1843 ERROR to the Chancery Court at Conecuh.   Cases  
State ex rel. Paine v. Paine 23 Tenn. 523, Supreme Court of Tennessee (April 01, 1843) 1843 Among the multiplied duties of a court, there are none the discharge of which is attended with more pain and regret than those which interfere with the domestic relations of husband and wife, parent and child. These relations are of so sacred a character, and involve to so great an extent the peace and happiness of mankind in general, that it can...   Cases  
State to Use of Bennett v. Engles 5 Ark. 26, Supreme Court of Arkansas (January 01, 1843) 1843 In debt on an official bond against a sheriff for not making money on an execution, an allegation of his failure to sell property levied on is not sufficient breach. There should also be an allegation that he failed to have the money before the court on the return day of the execution. This was an action of debt, determined in Independence Circuit...   Cases  
State v. Dozier 29 S.C.L. 211, Court of Appeals of Law of South Carolina (December 01, 1843) 1843 1. Where a prisoner was indicted and convicted for murder, and it appeared that the writs of venire, by which the grand and petit jurors were summoned, were without the seal of the court, judgment was arrested. 2. A venire, not under seal, is no writ, and is not authority to the sheriff to summon the jury. 3. The writs of venire, for both juries,...   Cases  
State v. Flanigin 5 Ala. 477, Supreme Court of Alabama (June 01, 1843) 1843 The counsel for the prisoner has made several points, but we think the charge of the court excepted to, and which has been referred to this court for revision, raises only one question. We are not to inquire into the sufficiency of the evidence to warrant the conviction, nor are we to speculate about the correctness of the other instructions to the...   Cases  
State v. Helgen 28 S.C.L. 310, Court of Appeals of Law of South Carolina (May 01, 1843) 1843 1. In an indictment under the Act of 1837, (8 Stat. at Large, 596,) which declares it to be unlawful for any owner or occupier of a grocery store or retail shop within the limits of Charleston Neck, or any store, shop or place, within the limits aforesaid, wherein are vended spirituous liquors, to keep open the said stores, shops, or places, or to...   Cases  
State v. Huntly 3 Ired. 418, Supreme Court of North Carolina (June 01, 1843) 1843 The offence of riding or going armed with unusual and dangerous weapons, to the terror of the people, is an offence at common law, and is indictable in this State. A man may carry a gun for any lawful purpose of business or amusement; but he cannot go about with that or any other dangerous weapon, to terrify and alarm, and in such manner as...   Cases  
State v. Jones 5 Ala. 666, Supreme Court of Alabama (June 01, 1843) 1843 ERROR to the Circuit Court of Perry county.   Cases  
State v. Mexican Gulf Ry. Co. 3 Rob. (LA) 513, Supreme Court of Louisiana (January 01, 1843) 1843 Appeal, by the defendants and certain intervenors, from a judgment of the District Court of the First District, in favor of the State, Buchanan, J. The second section of the act of 12 March, 1838, entitled An act amendatory of an act to expedite the construction of the New Orleans and Nashville Rail Road, declares, that the State...   Cases  
State v. Meyer 28 S.C.L. 305, Court of Appeals of Law of South Carolina (May 01, 1843) 1843 1. For a violation of the 2d section of the Act of 1837, (8 Stat. at Large, 596,) an indictment may be sustained. 2. If a statute prohibit an act to be done, under a penalty certain, though no mention be made of indictment, the party may be indicted; but if another mode of recovery be prescribed, that must be pursued. 3. Where an indictment, framed...   Cases  
State v. New Orleans & N.R. Co. 4 Rob. (LA) 231, Supreme Court of Louisiana (April 01, 1843) 1843 Appeal from the Commercial Court of New Orleans, Watts, J.   Cases  
State v. Nutwell 1 Gill 54, Court of Appeals of Maryland (June 01, 1843) 1843 Certainty to a reasonable extent, is an essential attribute of all pleadings, both civil and criminal, but is more especially so in the latter, where conviction is followed by penal consequences. One of the objects of certainty in pleading is notice to the party of the nature of the charge against which he is to come prepared to defend himself;...   Cases  
State v. Sandy 3 Ired. 570, Supreme Court of North Carolina (June 01, 1843) 1843 A building, in which goods are kept for sale by a retail merchant, is a storehouse, within the meaning of the act of Assembly, Rev. St. ch. 34. s. 1. A room in a large building, which room was separately leased by the owner of the building to a merchant who occupied it as a store, and having no direct communication with the other...   Cases  
State v. Seaborne 8 Rob. (LA) 518, Supreme Court of Louisiana (July 01, 1843) 1843 Appeal from the District Court of Concordia, Willson, J.   Cases  
State v. Tilly 3 Ired. 424, Supreme Court of North Carolina (June 01, 1843) 1843 In an indictment against an overseer for the murder of his employer, it is not competent for the prisoner to offer evidence of the general temper and deportment of the deceased towards his overseers and tenants. It is not competent for a prisoner indicted for murder to give in evidence his own account of the transaction related immediately after it...   Cases  
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