| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Hill v. Johnston |
3 Ired.Eq. 432, Supreme Court of North Carolina (December 01, 1844) |
1844 |
The principal purpose of the bill is, to throw on the defendant the loss of the sum paid to him by Mr. Mebane, who has brought this suit, as the next friend and guardian of the plaintiffs, all of whom are infants. It is obviously the guardian's own bill, in the name of the wards, and brought with the view of relieving the guardian from a liability... |
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Cases |
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| Hills v. Jacobs |
7 Rob. (LA) 406, Supreme Court of Louisiana (April 01, 1844) |
1844 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Hines v. Butler |
3 Ired.Eq. 307, Supreme Court of North Carolina (December 01, 1844) |
1844 |
The plaintiff employed the defendant as his agent to manage his landed estates in the county of Burke, to receive the rents and pay the expenses of the same; also, to see to the renewal and payment of certain notes, which the plaintiff then owed in the bank at Morganton. The plaintiff, being much pressed for money, also employed the defendant as... |
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Cases |
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| Hivert v. Lacaze |
7 Rob. (LA) 470, Supreme Court of Louisiana (May 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Hogan v. Carr |
6 Ala. 471, Supreme Court of Alabama (January 01, 1844) |
1844 |
ERROR to the County Court of Marengo. |
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Cases |
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| Holliday v. Cooper |
1 Smedes & M. 633, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
If, to an action on a penal bond with a condition, to recover damages for a breach of the condition, the defendants plead general performance, and the plea be replied to and issue joined-the burden of proof is on the plaintiff, and to entitle him to recover, he must prove the breach of the condition as alledged in his declaration. But if the... |
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Cases |
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| Houston v. Smith |
2 Smedes & M. 597, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
A special plea of set-off to an action of assumpsit, is unknown to the common law, and to our statutes, and is properly treated as a nullity. Where a witness, when on the stand, from inadvertence, and because his attention was not called to the circumstance, does not disclose all his information of the merits of the case, it is not a sufficient... |
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Cases |
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| Hunter v. Talbot |
3 Smedes & M. 754, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
As a general rule, when personal property is sold on a credit, the vendee acquires the right of property and the right of possession, unless there be some stipulation to the contrary. But if before the possession is delivered the vendee becomes insolvent, the vendor may protect himself, if payment has not been made when the credit expired, by... |
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Cases |
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| Huson v. Wallace |
1 Rich.Eq. 1, Court of Appeals of Equity of South Carolina (December 01, 1844) |
1844 |
Infant parties to a bill might be entitled to a day to show cause against the decree, if it were erroneous, but while it stands unreversed, it is, in another suit, conclusive. Where partition of personalty, which allotted to a wife her distributive share, was made in 1831, and the return was confirmed nunc pro tunc in 1835, more than four years... |
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Cases |
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| Hynson v. Dunn |
5 Ark. 395, Supreme Court of Arkansas (January 01, 1844) |
1844 |
In a debt bond, the general plea of fraud is bad upon principle, and by statutethe party whose conduct is sought to be impeached has a right to be apprised of the facts constituting the fraudotherwise he might be taken by surprise. If a purchaser wishes to rescind a contract of sale he must put, or offer to put, the vendor in the same... |
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Cases |
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| Inge v. Forrester |
6 Ala. 418, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Court of Chancery for the 22d Chancery District. |
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Cases |
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| Irish v. Wright |
8 Rob. (LA) 428, Supreme Court of Louisiana (July 01, 1844) |
1844 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Jenkins v. Dutel |
9 Rob. (LA) 36, Supreme Court of Louisiana (September 01, 1844) |
1844 |
Appeal from the District Court of St. Martin, King, J. |
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Cases |
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| Jenkins v. Felton |
9 Rob. (LA) 200, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Caddo, Campbell, J. |
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Cases |
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| Jenkins v. Thenet |
9 Rob. (LA) 34, Supreme Court of Louisiana (September 01, 1844) |
1844 |
Appeal from the District Court of St. Martin, King, J. |
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Cases |
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| Jenness v. Emerson |
15 N.H. 486, Superior Court of Judicature of New Hampshire (July 01, 1844) |
1844 |
The general rule is, that a parent is entitled to the earnings of his minor child. But this right arises out of the duty to support and maintain such child; and when the duty to support the child no longer remains, the right to his earnings ceases also. An insane mother, who is herself a pauper, is under no obligation to support a minor child, nor... |
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Cases |
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| Jeter v. Askew |
29 S.C.L. 633, Court of Appeals of Law of South Carolina (May 01, 1844) |
1844 |
1. Where, on the trial of an action of slander, the plaintiff waived his objections to the declarations of a person who was not produced, brought out by the defendant in the examination of plaintiff's witness by way of mitigating damages, the declarations being unfavorable to plaintiff's character, and made before the actionable words were spoken,... |
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Cases |
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| Johnson v. Johnson |
3 Ired.Eq. 426, Supreme Court of North Carolina (December 01, 1844) |
1844 |
The plaintiffs will, of course, have decrees respectively for their several particular legacies, according to the submission in the answer of the executors. The questions respecting the legacies given to Francis M. will be better understood by confining our view to one of those legacies at a time. The gift of one-seventh part of all the balance of... |
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Cases |
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| Jones' Adm'r v. Perkins |
5 B.Mon. 222, Court of Appeals of Kentucky (October 18, 1844) |
1844 |
The case stated. MOSES PERKINS filed his bill against Wm. Jones, his brother-in-law, in 1840, alleging his own insanity from 1826 down to a short time before he filed his bill, and charging that Jones, during the time of his derangement, had taken possession of a portion of his personal estate, and sold it and disposed of the proceeds; and had also... |
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Cases |
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| Jones v. Fort, Townsends & Mendenhall |
1 Rich.Eq. 50, Court of Appeals of Equity of South Carolina (December 01, 1844) |
1844 |
Where personal property is conveyed to a trustee for the use of husband and wife, it is not liable to be seized and sold under a fi. fa. against the husband; nor does it make any difference in this respect that the husband is himself the trustee. The husband's interest in the property may, in equity, be made liable to the demands of his creditors. |
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Cases |
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| Jones v. Oliver |
3 Ired.Eq. 369, Supreme Court of North Carolina (December 01, 1844) |
1844 |
A testator devised, by a will dated in 1837, certain property to his wife for life, and, at her death, to her heirs lawfully begotten of her body, if any there should be, equally. But in case there should be no such heirs lawfully begotten, as aforesaid, then to be equally divided among the next of kin of myself and my said wife, to them, their... |
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Cases |
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| Kelly v. State |
1 Morr.St.Cas. 235, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
Where the caption of an indictment stated that the Court was held for the county of S., at the Court House in the town of R.; and the town of R. in S. county was incorporated by and of the legislature, and by another act of the legislature the county site of the public buildings of S. county was located in said town of R.; held, that the caption of... |
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Cases |
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| Kemp v. Porter |
7 Ala. 138, Supreme Court of Alabama (June 01, 1844) |
1844 |
Error to the Circuit Court of Autauga. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Kennedy v. Wiggins |
24 Tenn. 125, Supreme Court of Tennessee (September 01, 1844) |
1844 |
The defendant, Wiggins, proved a preference right to the southwest quarter of the thirty-fourth section of the second fractional township south, in the second range east of the basis line in the Ocoee district. On the 5th of August, 1839, he made an entry of said quarter, and obtained a grant the 17th of September. Henry Pike also proved a right of... |
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Cases |
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| Kennerly v. Martin |
8 Mo. 698, Supreme Court of Missouri (July 01, 1844) |
1844 |
This was an action of assumpsit, brought by appellee, to recover the amount of a medical bill, and the plaintiff had a verdict and judgment for $118 53. Upon trial, a bill of particulars was furnished by the plaintiff, consisting of items of medical attendance, medicine and professional services, from the 21st of August, 1839, to January 18, 1841.... |
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Cases |
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| Kevan v. Branch |
1 Gratt. 274, Supreme Court of Appeals of Virginia (October 01, 1844) |
1844 |
(Absent Cabell, P.) 1. The declaration given in Carrington v. Anderson, 5 Munf. 32, sustained upon demurrer. 2. In an action on a bond of indemnity, given to the officer, upon a sale of property under execution, at the relation of the claimant of the property, the declaration states the obligation to be, that the obligors bound themselves to pay,... |
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Cases |
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| Key v. Woolfolk |
6 Rob. (LA) 424, Supreme Court of Louisiana (February 01, 1844) |
1844 |
Appeal from the District Court of Iberville, Deblieux, J. |
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Cases |
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| Kinchelow v. State |
24 Tenn. 9, Supreme Court of Tennessee (September 01, 1844) |
1844 |
The prisoner was convicted of the offence of larceny in the circuit court of Washington; and, a motion for a new trial having been overruled, he prosecuted an appeal in the nature of a writ of error to this court. It appears, from the bill of exceptions, that the prisoner was convicted upon the testimony of one William Pursell, an accomplice in the... |
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Cases |
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| King v. Shackleford |
6 Ala. 423, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Court of Chancery for the 30th district Northern division. |
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Cases |
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| Kinney v. Clark |
43 U.S. 76, Supreme Court of the United States (January 01, 1844) |
1844 |
An act of the legislature of Virginia, passed in May, 1779, establishing a land-office, and ascertaining the terms and manner of granting waste and unappropriated lands, contained, amongst other exceptions, the following, viz.: no entry or location of land shall be admitted within the country and limits of the Clerokee Indians. The tract of... |
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Cases |
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| Kinney v. Etheridge |
5 Ired. 34, Supreme Court of North Carolina (December 01, 1844) |
1844 |
The objection to the evidence is urged upon the ground, that a Court of Law only recognizes the legal ownership; and that here Perkins had but an equitable interest, and could not receive payment or release the debt. But that principle is misapplied to this case. The defendant does not insist on the release as a bar proprio vigore; for he does not... |
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Cases |
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| Kirk v. Suttle |
6 Ala. 679, Supreme Court of Alabama (June 01, 1844) |
1844 |
WRIT of error to the Circuit Court of Bibb. |
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Cases |
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| Knight v. Heinnes |
9 Rob. (LA) 377, Supreme Court of Louisiana (December 01, 1844) |
1844 |
Appeal from the Commercial Court of New-Orleans, Watts, J. |
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Cases |
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| Kniskern v. St. Johns and St. Peters Lutheran Churches |
1 Sand. Ch. 439, Chancery Court of New York (January 01, 1844) |
1844 |
The jurisdiction of courts of equity, in cases of charities directed to religious purposes, proceeds upon the ground of a trust. In such charities, as well as in those for purposes purely civil, it is the duty of the courts to give effect to the intent of the founder, if that be legal. To that end, their aim is to ascertain the scope and objects of... |
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Cases |
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| Labauve v. Boudreau |
9 Rob. (LA) 28, Supreme Court of Louisiana (September 01, 1844) |
1844 |
Appeal from the District Court of Lafayette, King, J. |
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Cases |
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| Lambeth v. Garber |
6 Ala. 870, Supreme Court of Alabama (June 01, 1844) |
1844 |
WRIT of error to the County Court of Sumter. |
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Cases |
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| Langdon v. Brumby |
7 Ala. 53, Supreme Court of Alabama (June 01, 1844) |
1844 |
Writ of error to the Circuit Court of Perry. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Langdon v. Roane |
6 Ala. 518, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Court of Chancery, sitting for Greene county. |
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Cases |
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| Langford v. Republic |
Dallam 588, Supreme Court of the Republic of Texas (June 01, 1844) |
1844 |
The appellant brought his action to obtain a certificate for a league and labor of land; and in the special verdict of the jury, it was found that he had obtained a certificate for a league and labor from the proper board of commissioners, and that the same had been rejected by the investigating board. That the said Langford had lived on the... |
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Cases |
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| Lawrence v. Guice |
9 Rob. (LA) 219, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the Court of Probates of Concordia, Dunlap, J. |
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Cases |
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| Layson v. Rowan |
7 Rob. (LA) 1, Supreme Court of Louisiana (March 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Leavitt v. Smith |
7 Ala. 175, Supreme Court of Alabama (June 01, 1844) |
1844 |
Writ of error to the Circuit Court of Coosa. |
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Cases |
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| Leigh v. Smith |
3 Ired.Eq. 442, Supreme Court of North Carolina (December 01, 1844) |
1844 |
Where a will is made by a feme covert, under a power, this paper must be proved as a will in a court of probate, before a Court of Equity will act on it. But when the Court of Equity is called to act on such an instrument, it must, notwithstanding such probate, be again proved before the Court of Equity, that it was executed according to the power,... |
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Cases |
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| Lemos v. Daubert |
8 Rob. (LA) 224, Supreme Court of Louisiana (June 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Lemos v. Daubert |
8 Rob. (LA) 225, Supreme Court of Louisiana (June 01, 1844) |
1844 |
We have granted the application, made by the defendants' warrantors for a re-hearing in this cause, on divers grounds, the most important of which, in our opinion, grows out of the answer of the defendant to the plaintiff's petition. It is contended by the applicants, that the defendant Chasagne is not entitled to any recourse in warranty under the... |
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Cases |
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| Leverich v. Prieur |
8 Rob. (LA) 97, Supreme Court of Louisiana (June 01, 1844) |
1844 |
Appeal from the Parish Court of New Orleans. Maurian, J. |
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Cases |
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| Lewis v. Cartwright |
7 Rob. (LA) 186, Supreme Court of Louisiana (April 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Lewis v. Hudson |
6 Ala. 463, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Court of Chancery for Russell county. |
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Cases |
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| Lewis v. Kemp's Ex'r |
3 Ired.Eq. 233, Supreme Court of North Carolina (June 01, 1844) |
1844 |
The principal question presented in this case was substantially decided by this Court in the case of Lewis, Admr. of Joseph Kemp v Smith, Exor. of William Kemp, 4 Dev. & Bat. 326. The parties then were the same as in this case, except that, being at law, the plaintiff sued as administrator with the will annexed of Joseph Kemp alone, and the... |
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Cases |
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| Livaudais v. Haydel |
6 Rob. (LA) 367, Supreme Court of Louisiana (January 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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