| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| McBride v. Thompson |
8 Ala. 650, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the Circuit Court of Macon. |
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Cases |
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| McCann v. Edwards |
6 B.Mon. 208, Court of Appeals of Kentucky (October 16, 1845) |
1845 |
Vendor and vendee. Sales of land. Decrees. Executors. Equity. APPEAL FROM THE GRANT CIRCUIT. The case stated. MCCANN sold, by executory contract, a small tract of land to Edwards, for about $300, payable in installments, and sued and recovered judgment for one of the installments. Edwards filed his bill enjoining the judgment, and praying a... |
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Cases |
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| McCargo v. New Orleans Ins. Co. |
10 Rob. (LA) 202, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| McClure v. Thistle's Ex'rs |
2 Gratt. 182, Supreme Court of Appeals of Virginia (July 01, 1845) |
1845 |
Affirm the decree. |
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Cases |
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| McDaniel v. Douglas |
25 Tenn. 220, Supreme Court of Tennessee (December 01, 1845) |
1845 |
The husband of the complainant made and published his last will and testament, of which, since his death, due probate has taken place, and the defendant, Douglas, appointed executor therein, has taken upon himself the burthen of that office. In this will the testator made express provision for his wife, the complainant, which was satisfactory to... |
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Cases |
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| McFarlane v. Richardson |
11 Rob. (LA) 13, 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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| McLanahan v. McLanahan |
25 Tenn. 99, Supreme Court of Tennessee (December 01, 1845) |
1845 |
It appears from the bill, from the answer, and from the proof in the record, that Matthew McLanahan, the husband of the complainant, Sarah, and the father of the other complainants, and the defendant, being somewhat indebted to his son, the defendant, and more to others, and the son being liable as surety to some of the latter, and being... |
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Cases |
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| McLear v. Morgan |
5 B.Mon. 282, Court of Appeals of Kentucky (April 15, 1845) |
1845 |
Trespassers. Settlement on the wife. Joint trespassers. APPEAL FROM THE FAYETTE CIRCUIT. The case stated. ABOUT the 1st of May, 1840, a most grievous assault and battery, was committed by Morgan, Dorsey, McKale and Segar, upon the body of one William Grady, at his own house, after dark, and on the 2nd of June following, he commenced a joint action... |
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Cases |
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| McLemore v. McLemore |
8 Ala. 687, Supreme Court of Alabama (June 01, 1845) |
1845 |
Error to the Orphans' Court of Montgomery. |
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Cases |
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| McRae v. Chapman |
10 Rob. (LA) 65, 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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| Mebane v. Mebane |
4 Ired.Eq. 131, Supreme Court of North Carolina (December 01, 1845) |
1845 |
A. devised certain property to a trustee, in trust to apply the proceeds to the maintenance of his son, and with a proviso that no part of the property should be subject to the debts of his said son. Held, that this proviso was inoperative, and the creditors of the son had a right to have their claims paid out of the property. By the use of no... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Miller v. Belmonti |
11 Rob. (LA) 339, Supreme Court of Louisiana (July 01, 1845) |
1845 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Miller v. Michoud |
11 Rob. (LA) 225, Supreme Court of Louisiana (June 01, 1845) |
1845 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Milliken v. Andrews |
11 Rob. (LA) 241, Supreme Court of Louisiana (June 01, 1845) |
1845 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Minor v. City of Natchez |
4 Smedes & M. 602, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
Where the statute required the sheriff to advertise real estate levied on under execution for thirty days, by posting up notices in at least five public places in the county, one of which shall be at the court-house door, and that statute was adopted by the United States circuit court, and the marshal of that court, having levied on and sold real... |
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Cases |
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| Mitchell's Distributees v. Mitchell's Adm'r |
8 Ala. 414, Supreme Court of Alabama (June 01, 1845) |
1845 |
Error to the Orphans' Court of Montgomery. |
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Cases |
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| Montgomery v. Millikin |
5 Smedes & M. 151, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
As a general rule, a suit for the recovery of a legacy should be brought against the executor, in the jurisdiction having cognizance of the will; yet when the fund, out of which the legacy is payable, is traced to the possession of the heir of the testator, in a different jurisdiction from that having cognizance of the will, the suit may be... |
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Cases |
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| Mooney v. State |
8 Ala. 328, Supreme Court of Alabama (June 01, 1845) |
1845 |
Error to the Circuit Court of Montgomery. |
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Cases |
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| Morres v. Compton |
12 Rob. (LA) 76, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the District Court of Rapides, Campbell, J. |
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Cases |
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| Murray v. Lower Bd. of Com'rs of Roads, for St. Bartholomew's Parish |
1 Rich. 335, Court of Appeals of Law of South Carolina (January 01, 1845) |
1845 |
The Commissioners of the Roads may maintain an action; Sed quaere? Should they sue by their title as commissioners, or in their individual names, styling themselves commissioners? Where such commissioners sue by their official title, an objection, that they should have sued in their individual names, can be made only by plea in abatement. The... |
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Cases |
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| Norris v. Wait |
2 Rich. 148, Court of Appeals of Law of South Carolina (December 01, 1845) |
1845 |
If the property of an infant be sold by another person, and the infant, knowing of the sale, neglect to state his title to the purchaser, he may, notwithstanding such neglect, sue for, and recover, the property from the purchaser; for the law presumes an infant to be incapable of understanding or protecting his rights. Acts done by the infant,... |
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Cases |
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| Norton v. Wallace |
1 Rich. 507, Court of Appeals of Law of South Carolina (May 01, 1845) |
1845 |
In an action on an administration bond against the surety, a decree in the court of Equity against the principal, is only prima facie evidence. The surety may impugn the decree, by shewing that the administratrix had been charged with a larger number of working hands than she had the control of in her fiduciary character. The surety ought to be... |
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Cases |
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| Offutt v. Morancy |
12 Rob. (LA) 92, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the District Court of Carroll, Curry, J. |
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Cases |
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| Ogden v. Powell |
7 Ala. 243, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Circuit Court of Coosa. |
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Cases |
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| Olds v. Powell |
7 Ala. 652, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Circuit Court of Dallas. |
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Cases |
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| O'Neil v. Teague |
8 Ala. 345, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of error to the Circuit Court of Shelby. |
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Cases |
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| Owen v. Holmes |
12 Rob. (LA) 148, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the Court of Probates of Carroll, Bosworth, J. |
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Cases |
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| Parham v. Parham |
25 Tenn. 287, Supreme Court of Tennessee (December 01, 1845) |
1845 |
The bill of Sarah Parham is filed against Thomas Parham, and others, to have her dower and distributive share allotted and set apart to her out of the estate of her deceased husband, Wm. Parham, who died intestate about the 2d day of September, 1839. This right to dower and distribution is resisted in the answers of the defendants, and in the... |
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Cases |
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| Parish v. Sloan |
3 Ired.Eq. 607, Supreme Court of North Carolina (June 01, 1845) |
1845 |
The first cause assigned in the demurrer, is answered by the demurrer itself. It is, that the plaintiff has asked the court to provide for the relief of Chesnut, Robinson and Murphy, who are not parties to the bill. A demurrer is an allegation of a defendant, which, admitting the matters of fact alleged by the bill to be true, shows, that, as they... |
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Cases |
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| Patteson v. Ford |
2 Gratt. 18, Supreme Court of Appeals of Virginia (April 01, 1845) |
1845 |
The exercise in actions at law, of appellate jurisdiction, upon questions determined by the discretion of the subordinate tribunal, is attended with much difficulty. That discretion, of course, involves the consideration of all the circumstances of the case, and consequently, though it may be guided, it cannot be absolutely governed, by fixed and... |
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Cases |
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| Payne v. Bruton |
6 Ark. 278, Supreme Court of Arkansas (July 01, 1845) |
1845 |
Upon the demurrer being sustained to the replications to the defendant's plea of the statute of limitations, the plaintiff most unquestionably had the right to plead over, by amending or filing a new replication. The refusal of the court to permit the plaintiff to file a replication, as well as the rendering judgment of retorno habendo were most... |
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Cases |
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| Pell v. Ball's Ex'rs |
1 Rich.Eq. 361, Court of Appeals of Equity of South Carolina (March 01, 1845) |
1845 |
The distinction between judicial and administrative orders considered. A decree of the circuit court declaring that the court had no power to sell a party's land, against his consent, for partition, held to be an administrative order, and subject to the control of the circuit court. The circuit court has the power to modify or rescind an... |
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Cases |
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| People v. Boughton |
1 Edm.Sel.Cas. 140, Supreme Court, New York (September 01, 1845) |
1845 |
FRACAS IN COURT AT HUDSON.--Judge EDMONDS is holding the Oyer and Terminer at Hudson, and for some days an attempt has been made to procure a jury for the trial of Big Thunder Boughton, the anti-renter. In the progress of the trial Mr. Jordan betrayed his usual virulence, and ultimately called Mr. attorney-general Van Buren a liar, which... |
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Cases |
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| People v. Boughton |
1 Edm.Sel.Cas. 140 (September 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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| People v. Griffen |
1 Edm.Sel.Cas. 126, Supreme Court, New York (July 01, 1845) |
1845 |
Mode of trying the question of present and continuing insanity, after an acquittal on that ground on a trial for the principal offense. The mode of discharging the accused from the asylum after the recovery of his sanity. The trial of the capacity of a deaf-mute to be a witness. The wife of the prisoner used as a witness on the question of... |
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Cases |
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| People v. Griffen |
1 Edm.Sel.Cas. 126 (July 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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| People v. Jones |
1 Edm.Sel.Cas. 112, Supreme Court, New York (January 01, 1845) |
1845 |
Our statute on this subject goes no farther than to say that persons of any religious denomination, whose opinions are such as to preclude them from finding any defendant guilty of an offense punishable with death, shall not be compelled or allowed to serve as jurors on the trial of an indictment for any offense punishable with death, but is silent... |
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Cases |
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| People v. Jones |
1 Edm.Sel.Cas. 112 (January 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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| Permoli v. Municipality No. 1 of City of New Orleans |
44 U.S. 589, Supreme Court of the United States (January 01, 1845) |
1845 |
This court has not jurisdiction, under the 25th section of the Judiciary Act, of a question whether an ordinance of the corporate authorities of New Orleans does or does not impair religious liberty. The Constitution of the United States makes no provision for protecting the citizens of the respective states in their religious liberties; this is... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Perry v. Commissioners for Liquidation of Clinton and Port Hudson Rail Road Co. |
11 Rob. (LA) 404, Supreme Court of Louisiana (July 01, 1845) |
1845 |
Appeal from the District Court of East Feliciana, Johnson, J. |
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Cases |
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| Perry v. Commissioners for Liquidation of Clinton and Port Hudson Rail Road Co. |
11 Rob. (LA) 412, Supreme Court of Louisiana (July 01, 1845) |
1845 |
When this case was before us last, (11 Rob. (La.) 404 et seq.) we stated the facts very fully, and suggested some of the questions likely to arise out of it. We then remanded the cause to have the state officers made parties, and the questions involved decided contradictorily with them, the State having a deep interest in those questions. When this... |
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Cases |
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| Perry v. Holloway |
10 Rob. (LA) 107, Supreme Court of Louisiana (March 01, 1845) |
1845 |
The plaintiff appealed from a judgment of the District Court of East Feliciana, Johnson, J., in favor of the defendant. |
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Cases |
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| Person v. Twitty |
6 Ired. 115, Supreme Court of North Carolina (December 01, 1845) |
1845 |
In the recent case of Richmond v. Vanhook, 3 Ired. Eq. 581, the opinion of the Court was given, that the proviso to the third section of the Act of 1806 had, in its purview, only the case of a total intestacy. In that opinion, and in what was said upon the point in the case of Hurdle v. Elliot, 1 Ired. 176, there has been an entire concurrence... |
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Cases |
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| Phelps v. Rightor |
9 Rob. (LA) 531, Supreme Court of Louisiana (February 01, 1845) |
1845 |
Appeal from the District Court of Ascension, Nicholls, J. |
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Cases |
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| Planters' & Merchants' Bank v. Clarke |
7 Ala. 765, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Marengo. |
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Cases |
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| Planters' & Merchants' Bank v. Walker |
7 Ala. 926, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Court of Chancery sitting at Hayneville. |
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Cases |
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| Pogue v. Joyner |
6 Ark. 241, Supreme Court of Arkansas (July 01, 1845) |
1845 |
Where a surety pays a debt, after the discharge of the principal as a bankrupt, the discharge is no bar to an action by the surety against the principal. Where the demand is uncertain or contingent, such as cannot be proven under the commission, the discharge is no bar to a subsequent action. Therefore, in a suit against a surety on a delivery... |
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Cases |
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| Pope v. Wilson |
7 Ala. 690, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Circuit Court of Lowndes. |
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Cases |
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| Prevost v. Ellis |
11 Rob. (LA) 56, Supreme Court of Louisiana (May 01, 1845) |
1845 |
Appeal from the District Court of Terrebonne, Deblieux, J. |
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Cases |
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| Prevost v. Martel |
10 Rob. (LA) 512, Supreme Court of Louisiana (May 01, 1845) |
1845 |
Appeal from the Court of Probates of New Orleans, Bermudez, J. |
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Cases |
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