| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Packwood v. Dorsey |
6 Rob. (LA) 329, 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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| Paine v. Moore |
6 Ala. 129, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the county court of Mobile. |
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Cases |
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| Parkison v. Boyle |
7 Rob. (LA) 82, Supreme Court of Louisiana (March 01, 1844) |
1844 |
Appeal from the District Court of West Feliciana, Johnson, J. |
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Cases |
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| Payne v. Burks |
4 B.Mon. 492, Court of Appeals of Kentucky (May 03, 1844) |
1844 |
The case stated. PAYNE purchased under two executions in his favor, and others in favor of one Gillock, against C. G. Hitch, two tracts of land, for $120 for each tract, as the property of Hitch. One of the tracts contained 450 acres, called the home tract, the other contained 250 acres, called the mill tract. The former was valued by persons... |
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Cases |
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| Payne v. Payne |
23 Tenn. 500, Supreme Court of Tennessee (April 01, 1844) |
1844 |
This is a bill for divorce, alleging that the defendant has been guilty of gross abuse of the complainant, and of personal violence, so that her situation was rendered intolerable, compelling her to withdraw from his society. The defendant's answer denies the use of abusive language, or that he has been guilty of personal violence towards the... |
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Cases |
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| Pell v. Ball's Ex'rs |
17 S.C.Eq. 518, Court of Appeals of Equity of South Carolina (January 01, 1844) |
1844 |
1. Testator bequeathed to his wife a pecuniary legacy. The wife survived, and upon her decease, the complainants, as her next of kin, became entitled as well to her interests under the will, as by the Statute of Distributions. He directed his debts to be paid from the nett proceeds arising from the sales of the crops of his estate. After payment... |
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Cases |
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| Pepper v. Dunlap |
9 Rob. (LA) 283, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Madison, Willson, J. |
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Cases |
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| Perry v. Patterson |
24 Tenn. 133, Supreme Court of Tennessee (December 01, 1844) |
1844 |
Robert Patterson recovered judgments at the January term, 1840, of the circuit court of Maury, against Wm. Perry, for the sum of between $1,100 and $1,200. Wm. Perry being in failing circumstances, a proposition was made to him by Patterson, through his attorney, that if he would give a note for the amount of said judgment, with two undoubted... |
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Cases |
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| Peter v. State |
1 Morr.St.Cas. 249, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
It is error to permit a justice of the peace to testify, from his recollection of the confessions of a prisoner upon the preliminary examination before him, where it also appeared in evidence that the same justice of the peace had taken his confession down in writing at the time, the non-production of which was not accounted for. Confessions made... |
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Cases |
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| Peter v. State |
24 Tenn. 436, Supreme Court of Tennessee (December 01, 1844) |
1844 |
There is no validity in the legal objections raised by the counsel for plaintiff in error. The verdict and judgment must, however, be set aside, as the record does not satisfy our minds as to the character of the acts committed or intended by the prisoner. Judgment reversed. |
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Cases |
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| Pettus v. Roberts |
6 Ala. 811, Supreme Court of Alabama (June 01, 1844) |
1844 |
ERROR to the Circuit Court of Sumter. |
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Cases |
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| Planters' Bank v. Calvit |
3 Smedes & M. 143, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
On the affirmance, by the High Court of Errors and Appeals, of a judgment of an inferior court, the lien of that judgment in the inferior court is not extinguished or affected thereby. Contra, by Clayton J. dissenting. The judgment rendered by the High Court of Errors and Appeals, when a judgment below is affirmed, upon the appeal bond against the... |
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Cases |
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| Planters' Bank v. Walker |
3 Smedes & M. 409, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
Amendments by the sheriff of his returns upon executions, are not regulated by any certain rules, but are addressed to the sound legal discretion of the Court. Such amendments may be made at a term after the return term. Aliter, with reference to amendments upon process before judgment; such amendments cannot be made after the term to which the... |
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Cases |
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| Plauche v. Roy |
7 Rob. (LA) 453, 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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| Pope v. Nickerson |
12 Hunt Mer. Mag. 179, Circuit Court, D Massachusetts (October 01, 1844) |
1844 |
Assumpsit. The parties agreed upon the following statement of facts: This is an action of assumpsit on four bills of lading, signed by the master of the schooner Annawan, belonging to the defendants [Thomas Nickerson and others] for a cargo of fruit and wine, shipped on board of her at Malaga, and consigned to the plaintiffs [Daniel Pope and... |
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Cases |
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| Porter v. Cheeseborough |
17 S.C.Eq. 496, Court of Appeals of Equity of South Carolina (January 01, 1844) |
1844 |
1. Testator's son, by his will of the 23d of October, 1828, bequeathed the whole of his estate to his wife, and appointed her, his father, with C, W, and D., his executrix and executors. He died shortly thereafter, leaving his widow and five minor children, two sons and three daughters, surviving, and indebted beyond the amount of his estate. His... |
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Cases |
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| President, Directors and Co. of Planters' Bank of Mississippi v. Watson |
9 Rob. (LA) 267, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Concordia, Curry, J. |
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Cases |
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| Pressley v. McDonald |
1 Rich. 27, Court of Appeals of Law of South Carolina (December 01, 1844) |
1844 |
Where a legacy has been left to a married woman, whose husband has deserted her and lives in another State, an assent by the executor, so as to vest the title in the husband, and make it liable to attachment for his debts, will not be presumed, from the mere fact that the executor has permitted the property to go into the wife's possession, and... |
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Cases |
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| Prewitt v. Garrett |
6 Ala. 128, Supreme Court of Alabama (January 01, 1844) |
1844 |
ERROR to the Circuit Court of Lowndes. |
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Cases |
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| Price v. Cloud |
6 Ala. 248, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the County Court of Benton county. |
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Cases |
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| Pritchard v. Myers |
3 Smedes & M. 42, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
In a case of the trial of the right of property, the jury must assess the value of each specific article or thing in controversy. |
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Cases |
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| Prout v. Branch Bank at Decatur |
6 Ala. 309, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Circuit Court of Morgan county. |
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Cases |
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| Rankin v. Holloway |
3 Smedes & M. 614, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
Nothing which does not properly belong to the record is part of it, unless it be inserted in the bill of exceptions. A bill of exceptions stating that the following evidence was offered, then adding, here insert the same, is incomplete, and does not make part of the record the evidence thus attempted to be embraced in it, even though contained... |
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Cases |
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| Reed v. Carl |
3 Smedes & M. 74, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
B., while suit was pending against him, bought a piece of land from his infant brother, for a high price, gave his note, payable immediately, for it, and executed a deed of trust to C. upon that land and nearly all his other property, to secure the payment of the note, and in this deed included the crops of cotton to be grown, with power to sell... |
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Cases |
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| Rhodes v. Union Bank |
7 Rob. (LA) 63, Supreme Court of Louisiana (March 01, 1844) |
1844 |
Appeal from the District Court of East Feliciana, Johnson, J. |
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Cases |
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| Rice v. Burnett |
17 S.C.Eq. 579, Court of Appeals of Equity of South Carolina (May 01, 1844) |
1844 |
1. By the provisions of a marriage settlement, the real and personal estate of the intended wife was vested in a trustee, to be held for her until the marriage, and from and immediately after the solemnization thereof, in trust to permit the husband and wife to have, use and possess the said property, for and... |
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Cases |
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| Ridenour v. Keller |
2 Gill 134, Court of Appeals of Maryland (December 01, 1844) |
1844 |
All objections to this bill, by the agreement of the solicitors engaged in the argument, having been waived, we shall proceed to the consideration of the points submitted in the argument for the decision of this court. The controling question in this case is presented by the first point, namely, the legality and effect of the course pursued by... |
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Cases |
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| Rist v. Hagan |
8 Rob. (LA) 106, 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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| Rives v. Wilborne |
6 Ala. 45, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of Error to the Circuit Court of Sumter. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Routh v. Routh |
9 Rob. (LA) 224, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Concordia, Willson, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Rupart v. Dunn |
1 Rich. 101, Court of Appeals of Law of South Carolina (December 01, 1844) |
1844 |
The civil law rule that a sound price raises an implied warranty, does not apply to a sale of land. To entitle a party to rescind a contract for the sale of lands, on the grounds of misrepresentation or mistake, the proof must be full, clear and explicit. The mere concealment of a material fact, by the seller, will not vitiate such a contract,... |
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Cases |
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| Saluda Mfg. Co. v. Pennington |
29 S.C.L. 735, Court of Appeals of Law of South Carolina (May 01, 1844) |
1844 |
1. In covenant to recover damages against A & B, on a special agreement to construct a dam, A being the undertaker, and B the surviving surety for his faithful performance, A filed a discount for work and materials, the plaintiffs having used the dam on its completion. A general demurrer was filed to the declaration, and withdrawn; and upon the... |
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Cases |
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| Sanders v. Douglass |
3 Smedes & M. 454, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
Executors and administrators may be sued either in the Circuit Courts or before justices of the peace, for claims against the decedent, at any time before the estate is declared insolvent. Probate Courts have not exclusive jurisdiction and control over the assets of a decedent; they may be reached by executions issuing from the circuit or other... |
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Cases |
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| Sankey's Ex'rs v. Sankey's Heirs |
6 Ala. 607, Supreme Court of Alabama (January 01, 1844) |
1844 |
ERROR to the Orphan's Court of Montgomery. |
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Cases |
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| Scott v. Peebles |
2 Smedes & M. 546, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
Where an action does not lie at the common law, but is given by statute, it is necessary to show by the averments in the declaration, that it was given by the statute, and comes within its purview. Where a statute gave an action for words spoken, which were in common acceptation considered as insults, and lead to violence and breach of the... |
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Cases |
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| Seawell v. Henry |
6 Ala. 226, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of Error to the Circuit Court of Mobile county. |
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Cases |
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| Second Municipality of New Orleans v. Orleans Cotton Press Co. |
6 Rob. (LA) 411, Supreme Court of Louisiana (January 01, 1844) |
1844 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Self v. Morris |
7 Rob. (LA) 24, Supreme Court of Louisiana (March 01, 1844) |
1844 |
Appeal from the Court of Probates of St. Helena, Leonard, J. |
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Cases |
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| Setzar v. Wilson |
4 Ired. 501, Supreme Court of North Carolina (June 01, 1844) |
1844 |
In an action on the case in the nature of a conspiracy charging that the defendants combined to injure the plaintiff's credit, it is necessary for the plaintiff to aver in his declaration the means by which such injury was intended to be effected. It is no ground to support such an action, that the defendants, having an execution levied on the... |
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Cases |
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| Sharp v. Pike's Adm'r |
5 B.Mon. 155, Court of Appeals of Kentucky (October 11, 1844) |
1844 |
Case stated. ARNOLD, as administrator of Pike, in 1840, filed his bill in the Bourbon Circuit Court, alleging that he had been compelled, as administrator aforesaid, by the judgment of the Bourbon Circuit Court, to pay a note that had been executed by his intestate, as the surety of A. R. Depew, to E. T. Sharp, bearing date the 26th January, 1830,... |
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Cases |
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| Shepherd v. Nabors |
6 Ala. 631, Supreme Court of Alabama (June 01, 1844) |
1844 |
WRIT of error to the Circuit Court of Pickens. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Sherman v. Cohen |
29 S.C.L. 529, Court of Appeals of Law of South Carolina (January 01, 1844) |
1844 |
1. A garnishee in attachment having returned that he had no other property or assets of the absent debtor in his possession or power, except certain choses in action mentioned, a suggestion was filed alleging that at the time the writ of attachment was served upon him, he had in his possession, besides what was embraced in his return, certain... |
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Cases |
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| Shirley v. Taylor's Heirs |
5 B.Mon. 99, Court of Appeals of Kentucky (September 25, 1844) |
1844 |
Lunatics. Evidence. Witnesses. ERROR TO THE LOUISVILLE CHANCERY COURT. The case stated. IN 1821, the Bank of Kentucky recovered a judgment in the Jefferson Circuit Court, against Edmund H. Taylor, for $4,561 66 2/3 and costs. In virtue of an execution which issued in 1823, the judgment was replevied. The replevin bond was signed Ed. H.... |
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Cases |
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| Shultz v. Carter |
17 S.C.Eq. 533, Court of Appeals of Equity of South Carolina (January 01, 1844) |
1844 |
1. A testator devised and bequeathed to his three children, a daughter and two sons, all the rest and residue of his estate, both real and personal, to share and share alike, to them and their heirs forever. The daughter having married after the testator's death, united with her husband in a bill for a partition of the... |
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Cases |
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| Shurtliff v. Witherspoon |
1 Smedes & M. 613, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
An administrator is entitled to commissions upon the amount of sales of real estate, made by him under an order of the probate court; the allowance should be made to extend to the whole estate administered. |
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Cases |
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| Simmons v. North |
3 Smedes & M. 67, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
Courts of equity will interfere to correct mistakes between the original parties, or those claiming under them in privity, as heirs, devisees, legatees, assignees, voluntary grantees, or judgment-creditors, or purchasers from them with notice of the facts. N. being indebted to S. & Co., executed a deed of trust, on, among other things, the N. E.... |
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Cases |
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| Simpson's Ex'rs v. Boswell |
5 Ired. 49, Supreme Court of North Carolina (December 01, 1844) |
1844 |
The reading of the will produces a strong impression, that the testator believed he had effectually advanced several of his children, and, at all events, that he meant in that paper to recognize such gifts, perfect or imperfect, as being good gifts, or as made so thereby. He avows, in almost every disposition, the purpose of providing equally for... |
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Cases |
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| Sledge's Adm'rs v. Clopton |
6 Ala. 589, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Court of Chancery sitting at Montgomery. |
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Cases |
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| Smith v. Delahoussaye |
9 Rob. (LA) 50, Supreme Court of Louisiana (September 01, 1844) |
1844 |
Appeal from the District Court of St. Mary, King, J. |
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Cases |
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| Smith v. Denson |
2 Smedes & M. 326, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
The probate court is clothed with a discretion in granting orders for the sale of real estate of decedents, and when the order has been made, it seems, that the question of its propriety or authority should be closed. A sale by order of the probate court, of the real estate of a decedent, must be made in strict compliance with the law or it will be... |
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Cases |
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