TitleCitationYearSummaryMost RelevantTypeStatus
Smith v. McCrary 3 Ired.Eq. 204, Supreme Court of North Carolina (June 01, 1844) 1844 A testator, who was seized in fee in his own right of two thirds of a tract, and seized of the other third in right of his wife during the coverture, and also possessed of personal property, devised as follows: I give and bequeath to my wife during her natural life the whole of my landed and personal property. And after the death of my wife...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Smith v. McLeod 3 Ired.Eq. 390, Supreme Court of North Carolina (December 01, 1844) 1844 Whenever a collateral security on the property of the principal is given to or obtained by a creditor, by whatever means, it amounts to a specific appropriation of those effects to the debt, and therefore the surety is entitled to the benefit of it, as well as the creditor; and the creditor is under a duty to the surety, which will be enforced in...   Cases  
Smith v. Moore 9 Rob. (LA) 65, Supreme Court of Louisiana (September 01, 1844) 1844 Appeal from the District Court of St. Mary, King, J.   Cases  
Spencer v. Conrad 9 Rob. (LA) 78, Supreme Court of Louisiana (September 01, 1844) 1844 Appeal from the Court of Probates of St. Mary, Dumartrait, J.   Cases  
Spruill v. Davenport 5 Ired. 145, Supreme Court of North Carolina (December 01, 1844) 1844 Where A. by a penal bond stipulated that he would, by his last will and testament, devise a certain tract of land to C.S. in fee and in fact such will devised the saidland, as follows, to-wit, I give and devise to my grandson C.S. agreeably to the bond which I executed, the land, (here describing it,) and in case C. S. shall die without...   Cases  
Stafford v. Mead 9 Rob. (LA) 142, Supreme Court of Louisiana (October 01, 1844) 1844 Appeal from the District Court of Rapides, King, J.   Cases  
State Bank v. Smith 6 Ala. 75, Supreme Court of Alabama (January 01, 1844) 1844 ERROR to Marengo Circuit Court.   Cases  
State v. Armfield 5 Ired. 207, Supreme Court of North Carolina (December 01, 1844) 1844 In an indictment for a forcible trespass for taking away goods, it is not absolutely requisite to use the words against his will. It is sufficient to use words which necessarily convey the same meaning. To constitute a forcible trespass, it is not necessary that actual force be used. Acts which tend to a breach of the peace may amount...   Cases  
State v. Bill 8 Rob. (LA) 527, Supreme Court of Louisiana (January 01, 1844) 1844 Appeal from the Parish Court of Jefferson, Smith, J.   Cases  
State v. City of Charleston 29 S.C.L. 719, Court of Appeals of Law of South Carolina (May 01, 1844) 1844 1. The taxing power of the Mayor and Aldermen of the City of Charleston is confined, under the City Charter of 1783 and the Act of 1836, 1st. To the inhabitants of the City at discretion. 2nd. To the taxable property within the City of non-residents; and 3rd. To the income of non-residents from professions carried on in the City. Therefore, held...   Cases  
State v. Commissioners of New Town Cut 29 S.C.L. 402, Court of Appeals of Law of South Carolina (January 01, 1844) 1844 1. Under the construction of the Act of 1721, (9 Stat. 53,) and Acts subsequent thereto, the commissioners of what is called New Town Cut, constitute a separate and independent body, having the power to impose fines and issue process to collect the same. 2. From the legislation in reference to those water- passages commonly called cuts, forming a...   Cases  
State v. Cullum 29 S.C.L. 581, Court of Appeals of Law of South Carolina (May 01, 1844) 1844 1. A stream cleared out and used for the purposes mentioned in the Act of 1825, after the passage of the Act, (6 Stat. 268,) which provides that no person shall erect any mill-dam or other obstruction across any stream used for the purpose of navigation by boats, flats, or rafts of lumber or timber, without, &c, is embraced within the meaning of...   Cases  
State v. Duncan 8 Rob. (LA) 562, Supreme Court of Louisiana (January 01, 1844) 1844 Appeal from the District Court of Carroll, Willson, J.   Cases  
State v. George 8 Rob. (LA) 535, Supreme Court of Louisiana (January 01, 1844) 1844 Appeal from the Parish Court of Tensas, Montgomery, J.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Hart 4 Ired. 222, Supreme Court of North Carolina (June 01, 1844) 1844 In 1842 the Legislature established the County of Union, composed of parts of the counties of Mecklenburg and Anson. By a supplemental act, ch. 13, Superior and County Courts are established therein; and the first term of the former was to be in February, 1844. By the 9th section it is, amongst other things, enacted ??that all indictments and...   Cases  
State v. Hornsby 8 Rob. (LA) 554, Supreme Court of Louisiana (January 01, 1844) 1844 Appeal from the Criminal Court of the First District, Canonge, J.   Cases  
State v. Judge of Probates of West Baton Rouge 8 Rob. (LA) 193, Supreme Court of Louisiana (June 01, 1844) 1844 Rule on the Judge of the Court of Probates of West Baton Rouge, Favrot, J., to show cause why a mandamus should not be issued to him.   Cases  
State v. Lennon 8 Rob. (LA) 543, Supreme Court of Louisiana (January 01, 1844) 1844 Appeal from the Criminal Court of the First District, Canonge, J.   Cases  
State v. Newman 7 Ala. 69, Supreme Court of Alabama (June 01, 1844) 1844 On points reserved by the Circuit Court of Lowndes as novel and difficult.   Cases  
State v. Patton 5 Ired. 180, Supreme Court of North Carolina (December 01, 1844) 1844 On the trial of an issue of bastardy, the examination of the woman being made by act of assembly prima facie evidence, the defendant can only introduce evidence to shew that he is not guilty. He cannot attack the credibility of the woman. Nor can he even shew, on the trial, that she was an incompetent witness at the time of her examination before...   Cases  
State v. Pollok 4 Ired. 305, Supreme Court of North Carolina (June 01, 1844) 1844 This is an indictment at common law for a forcible entry. First, the defendant contended, that the prosecutor never had such a possession of the locus in quo, as could be violated by a forcible entry. The defendant's father (under whom we must take it he acted) was in the year 1841 in the quiet possession of this land, and cultivated the pine trees...   Cases  
State v. Powell 1 West.L.J. 273, Court of Common Pleas of Ohio, Hamilton County (January 01, 1844) 1844 The defendant in this case was charged with murdering John P. Speidel, at Cincinnati. The indictment contained two counts for murder in the second degree. The substance of the testimony appears from the bill of exceptions, under the hands and seals of the court?? which is as follows: Be it remembered, that on the trial of this cause it was...   Cases  
State v. Powell 1 West.L.J. 273 (January 01, 1844) 1844 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
State v. Rives 5 Ired. 297, Supreme Court of North Carolina (December 01, 1844) 1844 When an act, incorporating a Rail Road Company, declares that after the assessment and payment of the damages for the land, to be used for the construction of the road, the company may enter upon the said land, &c., and hold the said land to their own use and benefit for the purpose of preserving and keeping said rail road during the...   Cases  
State v. Scott 4 Ired. 409, Supreme Court of North Carolina (June 01, 1844) 1844 The instructions to the jury seem to be fully responsive to the prayer of the prisoner, and we do not perceive in them, as given, any error to the prejudice of the prisoner. The killing was, unquestionably, not from necessity in defence of the prisoner's person. Lord Hale says, that it must appear plainly by the circumstances of the case, as the...   Cases  
State v. Slack 6 Ala. 676, Supreme Court of Alabama (June 01, 1844) 1844 THIS case was brought from the Circuit Court of Fayette on points reserved by the presiding judge as novel and difficult.   Cases  
State v. Williams 4 Ired. 400, Supreme Court of North Carolina (June 01, 1844) 1844 The conduct of the defendant is contrary to the usages of North Carolina, the general welfare, and likewise to the law of the land. It seems to us to be very reprehensible; for we perfectly concur in the eloquent passage in the Commentaries, on the propriety and political necessity of keeping one day of the week for the purposes of public worship,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Williams 7 Rob. (LA) 252, Supreme Court of Louisiana (April 01, 1844) 1844 Williams prayed that a mandamus might be issued to the Judge of the Criminal Court of the First District, to show cause why an appeal should not be allowed to him in this case. He alleges: that on the 29th of January, 1817, the Legislature of this State passed an act, entitled An act supplementary to an act concerning the introduction of...   Cases  
State v. Williams 7 Rob. (LA) 279, Supreme Court of Louisiana (April 01, 1844) 1844 My opinion remains unchanged by the new arguments adduced for the defendant; and I think the appeal ought to be dismissed, for the reasons stated in my first opinion. When this case was last before the court, I concurred in the opinion entertained by a majority of my colleagues; but further reflection having brought me to a different conclusion, it...   Cases  
State, to Use of Long v. Norcom 4 Ired. 255, Supreme Court of North Carolina (June 01, 1844) 1844 We concur in opinion with the Judge of the Superior Court. The executory limitation over to the wife and surviving children, on the death of his son William Long, without issue, was not too remote. We have hertofore decided in several cases in this Court, that such a limitation was good; Threadgill v Ingram, 1 Ired. 577, Skinner v Lamb, 3 Ired....   Cases  
State, to Use of Welch v. Jones 2 Gill 49, Court of Appeals of Maryland (December 01, 1844) 1844 The confession of a judgment, to be released on payment of what F shall say is due, cannot be considered as a reference under the act of 1778, ch. 21. It is a final judgment. The various provisions of that act, all contemplate a case still pending in court, and awaiting the return of the award before a judgment is to be rendered. The words payment...   Cases  
Steele v. Lowry 6 Ala. 124, Supreme Court of Alabama (January 01, 1844) 1844 WRIT of Error to the Court of Chancery, for the counties of Autauga and Coosa.   Cases  
Steele v. Price 5 B.Mon. 58, Court of Appeals of Kentucky (September 17, 1844) 1844 Will Case. APPEAL FROM THE FAYETTE CIRCUIT COURT. [This opinion was delivered at the Spring Term, 1844, a few days before the adjournment of the Court, and suspended until the Fall Term, when the suspension was removed.] Case stated. ON the 12th day of October, 1842, William Stee??e, of Fayette county, died childless and unmarried; and at the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Stevenson v. McLean 24 Tenn. 332, Supreme Court of Tennessee (December 01, 1844) 1844 V. K. Stevenson, for the use of Wm. A. Cook, obtained a judgment against Isaac H. Roberts, before a justice of Franklin county, for the sum of $105.95 and costs. Upon this judgment Wm. Reeves, a justice of the peace of that county, issued an execution, tested of that county, and reciting that a former execution had been issued upon the judgment by...   Cases  
Stone v. Tew 9 Rob. (LA) 193, Supreme Court of Louisiana (October 01, 1844) 1844 Appeal from the District Court of Catahoula, Willson, J.   Cases  
Stover v. Herrington 7 Ala. 142, Supreme Court of Alabama (June 01, 1844) 1844 Writ of error to the Court of Chancery sitting in Wilcox.   Cases  
Straus v. Payne 1 West.L.J. 410, Supreme Court of Ohio, Meigs County (March 01, 1844) 1844 REED, J., said, though he had a very decided opinion upon the question presented, he yet did not wish to decide it without consultation with Judge LANE; (who was out of court at the time through indisposition); that since the argument, he had conferred with the Chief Justice, and that the whole court were clearly of the opinion that the plaintiff...   Cases  
Strong v. Strong 6 Ala. 345, Supreme Court of Alabama (January 01, 1844) 1844 ERROR to the Circuit Court of Fayette.   Cases  
Succession of Durnford 8 Rob. (LA) 488, Supreme Court of Louisiana (July 01, 1844) 1844 Appeal from the Court of Probates of New Orleans, Bermudez, J.   Cases  
Succession of Kendrick 7 Rob. (LA) 138, Supreme Court of Louisiana (March 01, 1844) 1844 Appeal from the Court of Probates of St. Helena, S. Leonard, J.   Cases  
Swanson v. White 24 Tenn. 373, Supreme Court of Tennessee (December 01, 1844) 1844 This is a bill of complaint against Newton White and others, by William E. Swanson, a judgment creditor of John W. Bodenhamer, to have certain deeds of trust, made by said Bodenhamer for the benefit of Newton White and others, executed, and the balance of the proceeds, after paying what is legally due the several cestuis que trust, appropriated to...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Taliaferro v. Taliaferro's Heirs 6 Ala. 404, Supreme Court of Alabama (January 01, 1844) 1844 ERROR to the Chancery Court of Montgomery.   Cases  
The Cynosure 1 Spr. 88, District Court, D Massachusetts (July 01, 1844) 1844 This was a libel for seaman's wages, in which Martin was libellant, and McClure respondent. The amount of wages was adjusted between the counsel, with the agreement that one item should be left to the decision of the court, the point being a rebate arising under a recent statute of Louisiana. Stat. 1842, No. 123.   Cases  
The Malek Adhel 43 U.S. 210, Supreme Court of the United States (January 01, 1844) 1844 Under the act of Congress of March 3, 1819, ch. 75, (200,) to protect the commerce of the United States and punish the crime of piracy, any armed vessel may be seized and brought in, or any vessel the crew whereof may be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure upon any...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Thomas v. Davis 6 Ala. 113, Supreme Court of Alabama (January 01, 1844) 1844 WRIT of error to the circuit court of Russell.   Cases  
Thomas v. Estes 2 Smedes & M. 439, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 In a trial of right of property, a verdict of the jury, in favor of the plaintiffs in the execution, is equivalent to the special verdict required by the statute, that the property in issue is subject to the plaintiffs' execution. The provision of the statute regulating trials of right of property, that if the property levied on be assessed by the...   Cases  
Thompson v. Shelby 3 Smedes & M. 296, High Court of Errors and Appeals of Mississippi (November 01, 1844) 1844 It is error to render judgment against garnishees, without evidence, whose answer is in proper form, admitting a former indebtedness, but averring that they had received notice of the assignment of their notes, or the evidences of such indebtedness before the service of the summons of garnishment.   Cases  
Thrower v. Vaughan 1 Rich. 18, Court of Appeals of Law of South Carolina (December 01, 1844) 1844 A sheriff has no authority to levy or sell under an execution satisfied in fact, though unsatisfied on its face; if, however, he has no notice of the satisfaction, he will not be liable in trespass, to the defendant, for acting under it. A purchaser under such an execution, will acquire no title to the property, if, before the purchase, he receives...   Cases  
Tooley v. Gridley 3 Smedes & M. 493, High Court of Errors and Appeals of Mississippi (November 01, 1844) 1844 The jurisdiction of the Circuit Court to foreclose a mortgage is equal to that of the Superior Court of Chancery. A sale by a commissioner under a decree to foreclose a mortgage of the mortgaged premises, is incomplete, and may be set aside before confirmation. The Circuit Court having jurisdiction to foreclose mortgages, has power to regulate all...   Cases  
Tucker v. Tucker 5 Ired. 161, Supreme Court of North Carolina (December 01, 1844) 1844 A devise of a power to an executor to sell land, or a devise of the land to him in trust to sell, does not give him such an interest in the land as disqualifies him from being an attesting witness to the will. The act of 1840, chap. 62, requiring wills of personal property to be executed with the same formalities as wills of real estate, is to be...   Cases  
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