| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Com. v. Jones |
2 Gratt. 555, General Court of Virginia (June 01, 1845) |
1845 |
(Absent Thompson, J.) 1. In the case of a misdemeanor, after the plea of not guilty, and a trial and verdict upon that plea, it is not competent to arrest the judgment for any supposed variance between the information and presentment. A defendant may avail himself of such variance, by shewing it as a cause against filing the information, or by... |
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Cases |
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| Commissioners of New Orleans Imp. & Banking Co. v. Jewett |
11 Rob. (LA) 20, Supreme Court of Louisiana (May 01, 1845) |
1845 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Commonwealth v. Ricks |
1 Gratt. 416, Supreme Court of Appeals of Virginia (March 01, 1845) |
1845 |
As regards the tenement on the south side of E or main street in the City of Richmond, together with the lumber house on the opposite side of the adjoining alley, in the proceedings mentioned, the court, without deciding under what circumstances, if any, a parol gift of real estate from a father to a child, accompanied by delivery of possession,... |
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Cases |
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| Commonwealth v. Rodes |
6 B.Mon. 171, Court of Appeals of Kentucky (October 14, 1845) |
1845 |
Clerks. Embezzlement of public moneys. Extortion. Making false entries. INFORMATION FOR REMOVING SAID RODES FROM OFFICE. Classification of the charges. THIS is an information filed by the Attorney General, in the name and behalf of the Commonwealth, against James C. Rodes, for misbehavior in office as the Clerk of the Fayette County Court. The... |
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Cases |
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| Compton v. Prescott |
12 Rob. (LA) 56, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the Court of Probates of Rapides, Waters, J. |
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Cases |
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| Conger v. Robinson |
4 Smedes & M. 210, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
In judicial sales of personal property, as in all other sales of such property, the right passes by delivery, and the purchase and ownership under it may be established by parol proof. The want of a perfect bill of sale, will not therefore of itself afford sufficient ground to suspend the execution which issued on the sale bond, or to rescind the... |
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Cases |
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| Couch v. Couch |
7 Ala. 519, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Orphans' Court of Franklin. |
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Cases |
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| Cox v. Marks |
5 Ired. 361, Supreme Court of North Carolina (June 01, 1845) |
1845 |
Is the executory devise of John S. Smart's share over to his brothers and sisters, upon an event too remote, and therefore void? This is the question now for our decision. The word lend, made use of by the testator in the beginning of his will, which we are requested by the counsel to notice, when taken in connection with the phraseology of the... |
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Cases |
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| Coxe v. Rowley |
12 Rob. (LA) 273, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the District Court of Concordia, Curry, J. |
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Cases |
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| Crawell v. Littlefield |
2 Rich. 17, Court of Appeals of Law of South Carolina (December 01, 1845) |
1845 |
When one judge may, and when he should not, reverse or grant an order, made or refused by another judge. A non-resident administrator, who brings trover in right of his intestate, will not be required to give security for costs. |
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Cases |
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| Crosby v. Warren |
1 Rich. 385, Court of Appeals of Law of South Carolina (January 01, 1845) |
1845 |
Under the charter of the village of Walterborough, the town council have the power to declare all hogs, whether they belong to residents or non-residents, running at large in the streets, nuisances, and authorize them to be seized and sold by the marshal. |
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Cases |
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| Cumming v. Berry |
1 Rich.Eq. 114, Court of Appeals of Equity of South Carolina (January 01, 1845) |
1845 |
A court of equity is bound to apply the bar of the statute of Limitations to a legal demand, in the same manner as a court of law would apply it. The sec. 19 of the stat. 9 Anne, c. 20, preventing persons who were beyond seas when the cause of action accrued, from pleading the statute of Limitations, does not apply to foreigners constantly residing... |
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Cases |
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| Daniel v. Daniel |
6 B.Mon. 230, Court of Appeals of Kentucky (October 17, 1845) |
1845 |
The case stated. JAMES DANIEL and Rachel Venable, in anticipation of an intermarriage between them, conveyed all the estate of the latter to George McDonald, in trust for her separate use and benefit after the intended marriage, and subject to her disposition, by special instructions in writing signed by her to the Trustee. The marriage took place... |
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Cases |
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| Daniel v. Smythe |
5 B.Mon. 347, Court of Appeals of Kentucky (April 23, 1845) |
1845 |
The case stated IN September, 1841, Abner G. Daniel sold a tract of land, near Lancaster, of 120 acres, to Edmond B. Smythe, for $4,150, payable in four installments, the first to fall due on the 25th December following, the second on the 1st day of January, 1843, the third on the 1st day of January, 1844, and the fourth on the 1st day of January,... |
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Cases |
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| Davidson v. Norment |
5 Ired. 555, Supreme Court of North Carolina (June 01, 1845) |
1845 |
We think that the court was right. The best evidence of the fact, if it existed, that the witness had purchased the land bona fide, was the deed mentioned, executed in such manner as to pass lands in the State of Tennessee; as the witness said that the legal title had passed out of the plaintiff to him. The witness was the proper person to have the... |
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Cases |
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| De Gruy v. His Creditors |
9 Rob. (LA) 458, Supreme Court of Louisiana (January 01, 1845) |
1845 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Denny v. Palmer |
5 Ired. 610, Supreme Court of North Carolina (June 01, 1845) |
1845 |
When the drawer of a bill dates a note at a particular place, as for instance Danville, notice to him of the dishonor of the bill, directed to him at that place, may be sufficient. But it is otherwise as to the indorsee, who does not designate in his indorsement his place of residence, either generally or specially. The general rule... |
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Cases |
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| Dickinson v. Lippitt |
5 Ired. 560, Supreme Court of North Carolina (June 01, 1845) |
1845 |
The County Court has a right to permit a sheriff to amend his return on an execution to that court by striking out a return of a levy and sale and returning nulla bona. If, upon an appeal from this decision, the Superior Court undertakes, without its appearing on their records that they had examined into the merits of the case, to reverse this... |
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Cases |
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| Dold's Trustee v. Geiger's Adm'r |
2 Gratt. 98, Supreme Court of Appeals of Virginia (April 01, 1845) |
1845 |
1. Choses in action, and other property, to which the wife becomes entitled during coverture, are liable to the claims of the creditors of the husband; and a settlement thereof upon the wife, with the assent of the husband, before being reduced into possession, will not protect such choses in action, or other property from such creditors' claims.... |
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Cases |
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| Doremus v. Walker |
8 Ala. 194, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of error to the Circuit Court of Lowndes. |
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Cases |
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| Dosson v. Sanders |
12 Rob. (LA) 238, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the District Court of Franklin, Willson, J. |
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Cases |
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| Dougherty v. Mills |
1 Rich.Eq. 335, Court of Appeals of Equity of South Carolina (March 01, 1845) |
1845 |
Defendant's intestate was domiciled in Florida, but died in this State, when on a visit here, leaving assets both in Florida and in this State. Defendant, as administrator of the intestate in South Carolina, was possessed of a note drawn by a person residing in Florida; the note was paid by the drawer to the administrator in Florida, and the... |
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Cases |
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| Doyle v. Bouler |
7 Ala. 246, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Clarke County. |
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Cases |
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| Dubose v. Dubose |
7 Ala. 235, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Marengo County. |
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Cases |
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| Duffy v. Averitt |
5 Ired. 455, Supreme Court of North Carolina (June 01, 1845) |
1845 |
An objection to the process, by which a defendant is brought into court, comes too late after he has appeared, and pleaded in bar of the action. A warrant from a justice in a civil case need not on its face be returnable on a certain day or at a certain place, but only within thirty days. The day and place are to be notified by the constable, who... |
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Cases |
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| Dulany v. Green |
4 Harr. 285 (October 01, 1845) |
1845 |
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... |
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Trial Court Orders |
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| Dumas v. Lefebvre |
10 Rob. (LA) 399, Supreme Court of Louisiana (April 01, 1845) |
1845 |
Appeal from the Court of Probates of New Orleans, Maurian, J. |
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Cases |
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| Dunlap v. Clements |
7 Ala. 539, Supreme Court of Alabama (January 01, 1845) |
1845 |
Appeal from a decretal order of the Court of Chancery for the 22d District. |
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Cases |
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| Dunlap v. Foster |
7 Ala. 734, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the County Court of Tuscaloosa. |
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Cases |
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| Dunn v. Tharp |
4 Ired.Eq. 7, Supreme Court of North Carolina (December 01, 1845) |
1845 |
The specific execution of marriage articles, and the reformation of settlements executed after marriage, because of their not conforming to articles entered into before marriage, are among the ordinary subjects of Equity jurisdiction. Parol agreements, in consideration of marriage, entered into before our statute of 1819, Rev. St. ch. 50, sec. 8,... |
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Cases |
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| Duplantier v. Newcomb |
10 Rob. (LA) 103, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the District Court of East Baton Rouge, Johnson, J. |
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Cases |
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| Edwards v. Burroughs |
12 Rob. (LA) 171, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the District Court of Avoyelles, Campbell, J. |
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Cases |
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| Eiland v. Radford |
7 Ala. 724, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Chancery Court at Cahawba. |
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Cases |
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| Ellzey v. Stone |
5 Smedes & M. 21, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
Where the facts of the case are fairly left to the consideration of the jury, their verdict will not be disturbed, unless a great preponderance of testimony appear against it. S., being an attorney at law, was employed professionally by E. to defend certain suits specified in a list, then pending against E. for a fee in which E. gave S. his note;... |
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Cases |
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| Elmes v. Sutherland |
7 Ala. 262, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Court of Chancery for the 26th District of the Middle Division. |
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Cases |
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| Ex parte Harrison |
7 Ala. 736, Supreme Court of Alabama (January 01, 1845) |
1845 |
It is provided by statute, that from any judgment, or order final of the Orphans' Court, whether in vacation or term time, an appeal or writ of error, shall lie to the Circuit or Supreme Court, in the same manner as upon judgments of the Circuit Courts. [Clay's Dig. 297, ยง 4.] The important inquiry in the present case is, whether the order of the... |
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Cases |
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| Ex parte Royster |
6 Ark. 29, Supreme Court of Arkansas (January 01, 1845) |
1845 |
The first question is, whether the writ of ne exeat properly issued, and, secondly, in case it did, whether the defendant has made such a showing as to entitle him to a discharge. It is contended by the petitioner that the complainants have not made out such a case as would authorize the issuance of the writ. The statute provides that whenever any... |
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Cases |
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| Fabre v. Sparks |
12 Rob. (LA) 31, Supreme Court of Louisiana (September 01, 1845) |
1845 |
Appeal from the District Court of St. Mary, Boyce, J. |
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Cases |
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| Farmers' & Merchants' Bank v. Tappan |
5 Smedes & M. 112, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
A bill of review cannot be filed in the probate court; that proceeding is admissible in courts of chancery only. Where the probate court has upon petition allotted dower to the widow of the decedent, that allotment operates only on the parties to the proceeding in the probate court, and does not reach the paramount title. An order allotting dower... |
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Cases |
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| Felder v. Murphy |
2 Rich.Eq. 58, Court of Appeals of Equity of South Carolina (December 01, 1845) |
1845 |
Where a party mortgaged land to secure the payment of a bond, and afterwards became a bankrupt, and the land was sold by his assignee, held that the mortgagee had the right to foreclose the mortgage against the purchaser from the assignee, although it appeared that he had sued and recovered judgment on the bond, and that the sheriff had sold other... |
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Cases |
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| Felps v. Commissioners of Clinton & P.H.R. Co. |
10 Rob. (LA) 89, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the District Court of East Feliciana, Johnson, J. |
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Cases |
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| Fink v. Martin |
10 Rob. (LA) 147, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Fishel v. Hage |
3 Ired.Eq. 510, Supreme Court of North Carolina (June 01, 1845) |
1845 |
We need not advert to the terms in which the leasehold is given to the wife in the codicil; for if it be admitted that she had thereby only a life estate, with a general power of appointment, which failed because she did not choose to execute it; yet the plaintiffs have no right to the premises, as the next of kin, but they vested in the wife by... |
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Cases |
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| Flanagan v. Gilchrist |
8 Ala. 620, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the County Court of Lowndes. |
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Cases |
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| Fletcher v. State |
25 Tenn. 249, Supreme Court of Tennessee (December 01, 1845) |
1845 |
This is an indictment in the circuit court of Jackson county for passing counterfeit coin. We will premise, before noticing the errors assigned by the counsel of the plaintiff in error, who was found guilty of the charge, that upon the facts shown in the record we are satisfied with the verdict. It is objected to the proceedings in the circuit... |
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Cases |
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| Francois v. Lobrano |
10 Rob. (LA) 450, Supreme Court of Louisiana (April 01, 1845) |
1845 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Frazer v. Western |
1 Barb.Ch. 220, Chancery Court of New York (January 01, 1845) |
1845 |
The law sanctions a conveyance founded upon the consideration of blood or marriage merely. And the legal presumption is, that such a conveyance is valid, and not a fraud upon the rights of any one. The mere fact that a purchaser, from the holder of such a conveyance, has notice that it was not founded upon a pecuniary consideration, is not... |
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Cases |
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| Garrett v. Morgan |
11 Rob. (LA) 447, Supreme Court of Louisiana (September 01, 1845) |
1845 |
Appeal from a judgment of the District Court of St. Landry, Boyce, J., against the plaintiff, and in favor of Joseph Hughes, who had intervened in the suit, claiming the amount in defendant's hands. |
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Cases |
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| Gathings v. Williams |
5 Ired. 487, Supreme Court of North Carolina (June 01, 1845) |
1845 |
The record sent up to this court should not state the points of law arising on the trial, which were decided by the judge below against the party in whose favor is given the final judgment, from which the other party appeals. Where a marriage is between persons, one of whom has no capacity to contract marriage at all, as where there is a want of... |
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Cases |
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| Gift v. Anderson |
24 Tenn. 577, Supreme Court of Tennessee (April 01, 1845) |
1845 |
The only question presented in this case is whether, if the defendant in an execution agree that a sale of his personal effects may be made without their being present at the sale, and such sale be made, the vendee obtains the legal title thereto. The facts of the case are these: An execution had been issued against the plaintiff in error, and was... |
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Cases |
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