TitleCitationYearSummaryMost RelevantTypeStatus
Price v. Sessions 44 U.S. 624, Supreme Court of the United States (January 01, 1845) 1845 Where a testator devised certain property to his infant daughter, to be delivered over to her when she should arrive at the age of eighteen years, and the daughter, at the age of sixteen, married the executor who had the principal management of the estate, and possession of the property devised, he must be considered as holding it as executor, and...   Cases  
Priestley v. Bisland 9 Rob. (LA) 425, Supreme Court of Louisiana (January 01, 1845) 1845 Appeal from the Commerical Court of New Orleans, Watts, J.   Cases  
Randolph v. Carlton 8 Ala. 606, Supreme Court of Alabama (June 01, 1845) 1845 Writ of Error to the Circuit Court of Greene.   Cases  
Ratliff v. Huntly 5 Ired. 545, Supreme Court of North Carolina (June 01, 1845) 1845 Where the plaintiff offers to prove a contract by parol evidence, and it is objected that the contract was reduced to writing, the witness who is introduced to shew that there was a written contract must state the contents of the instrument to the Court, that the Court may judge whether it relates to the same contract offered to be proved by the...   Cases  
Read v. Bostwick 25 Tenn. 321, Supreme Court of Tennessee (December 01, 1845) 1845 This is an action for money had and received to the use of the plaintiffs. The facts are as follows: The plaintiffs are the children and heirs at law of Nicholas P. Smith, deceased; their father died seized and possessed of a considerable real and personal estate; the real estate consisted of lands considerably worn, and that were deemed by the...   Cases  
Rector v. Shellhorn 6 Ark. 178, Supreme Court of Arkansas (July 01, 1845) 1845 A general verdict is good on two issues when the finding necessarily shows that the subject matter of both issues was determined by the verdict. Thus, in an action of trespass for an assault and battery where issues were made up upon the plea of not guilty and justification, the jury were sworn to try the issues joined, and they returned:...   Cases  
Redden v. Spruance 4 Harr. 265, Court of Errors and Appeals of Delaware (June 01, 1845) 1845 The general rule of evidence is not questioned, that the witness must swear to facts within his own knowledge, though his memory may be refreshed, and his knowledge verified, by reference to written memorandums. Further than this the memorandum or writing cannot be used; except in cases where it was made in the usual course of business as evidence...   Cases  
Redden v. Spruance 4 Harr. 217 (April 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...   Trial Court Orders  
Redus v. Wofford 4 Smedes & M. 579, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 An attachment is not vitiated, because the signature of the creditor is not placed to the affidavit of the indebtedness of the defendant and his non residence. Upon a judgment after inquiry of damages, in an attachment suit, it will be no objection to the validity of the proceedings subsequent to the judgment, that the attachment was partly for...   Cases  
Reed v. Wiley 5 Smedes & M. 394, High Court of Errors and Appeals of Mississippi (November 01, 1845) 1845 R., alleging himself to be a creditor of M.'s estate, of which W. was administrator, laid his claims before the commissioners of insolvency of that estate, who rejected them; R. had the claims referred to referees, under the statute, who also reported against them, and the probate court confirmed their report. At a subsequent term, it was agreed,...   Cases  
Reuben v. Parrish 25 Tenn. 122, Supreme Court of Tennessee (December 01, 1845) 1845 It appears from the bill and answer in this case that Elizabeth May departed this life, in Christian county, State of Kentucky, about the month of May, 1840, having previously made and published her last will and testament, bearing date 28th day of February, 1840, by which she appointed the defendant, Joel Parrish, her executor, who proved the...   Cases  
Rhinehart v. Schuyler 2 Gilman 473, Supreme Court of Illinois (December 01, 1845) 1845 This was an action of ejectment, commenced by Robert Schuyler, Russell H. Nevins, William Couch, Abijah Fisher and David Lee, the plaintiffs below, at the February special term of the Adams circuit court, 1842, against Lewis Rhinehart, the defendant below, to recover possession of the south east quarter of section thirty-one (31), in township one...   Cases  
Richardson v. Hinton 4 Ired.Eq. 192, Supreme Court of North Carolina (December 01, 1845) 1845 We cannot yield our assent to this construction. We believe the testator intended a substantial benefit to the plaintiff. The construction claimed by the defendant would make it entirely illusory, and dependent upon the will or caprice of the widow. The clause is not very explicit, and is somewhat peculiar. The language is, I wish that my widow...   Cases  
Richmond v. Vanhook 3 Ired.Eq. 581, Supreme Court of North Carolina (June 01, 1845) 1845 The facts in this case are not controverted; and our only business is to put a construction on the will of John Richmond. It is contended by the plaintiff, in the first place, that by the death of Mrs. Richmond during the life of the testator, the legacy to her is either lapsed, whereby it falls into the residuum; or the testator has died intestate...   Cases  
RIGHTS OF PRE-EMPTIONERS IN FLORIDA RESPECTING LIVE-OAK, &c. 4 U.S. Op. Atty. Gen. 405 (July 16, 1845) 1845     Administrative Decisions & Guidance  
Riley v. Ocean Ins. Co. 11 Rob. (LA) 255, Supreme Court of Louisiana (June 01, 1845) 1845 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Rose v. Mathews 10 Rob. (LA) 79, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the District Court of St. Helena, Jones, J.   Cases  
Ross v. Garlick 10 Rob. (LA) 365, Supreme Court of Louisiana (April 01, 1845) 1845 Appeal from the District Court of Iberville, Nicholls, J.   Cases  
Sandoz v. Gary 11 Rob. (LA) 529, Supreme Court of Louisiana (September 01, 1845) 1845 Appeal from the District Court of St. Martin, Boyce, J.   Cases  
Saulet v. Trepagnier 11 Rob. (LA) 266, Supreme Court of Louisiana (June 01, 1845) 1845 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Savage v. Forward 7 Ala. 463, Supreme Court of Alabama (January 01, 1845) 1845 Writ of error to the County Court of Clarke county.   Cases  
Scott v. Searles 5 Smedes & M. 25, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 Injunctions are peculiarly matters of chancery cognizance; power to grant them has not been given to the probate courts, and they do not therefore possess it. Where exceptions to an answer in the probate court were overruled at the April term, 1843, and at the June term of the same year a motion for a rehearing was made: held, that the motion came...   Cases  
Sellick v. Kelly 11 Rob. (LA) 145, Supreme Court of Louisiana (June 01, 1845) 1845 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Shiveley's Adm'rs v. Jones 6 B.Mon. 274, Court of Appeals of Kentucky (October 24, 1845) 1845 Mortgages. Foreclosure. Fraudulent conveyances. ERROR TO THE LOUISVILLE CHANCERY COURT. THE junior mortgagee not having made the elder mortgagee a party to his suit for foreclosure and having proceeded to decree and sale after a decree and sale and conveyance to the purchaser under the elder mortgage, the legal title did not pass to the purchaser...   Cases  
Simms v. Simms 5 Ired. 684, Supreme Court of North Carolina (June 01, 1845) 1845 The court is of opinion, that it was properly left to the jury to determine, whether the script in this case was deposited by the party deceased among his valuable papers with the intention, that his estate should thereby pass as therein expressed--in other words, as his will. The argument against that position is, that the statute of wills makes a...   Cases  
Siter v. McClanachan 2 Gratt. 280, Supreme Court of Appeals of Virginia (July 01, 1845) 1845 (Absent Brooke and Allen, J.) Husband and wife convey the equity of redemption in land belonging to the wife to a trustee, in trust to sell the same for the use and benefit of the grantors. HELD. 1. This is a conversion of the land into personalty. 2. The husband may, in the lifetime of the wife, dispose of the trust property. 3. The husband...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Slatter v. Carroll 2 Sand. Ch. 573, Chancery Court of New York (January 01, 1845) 1845 Where a resident of another state, owning lands here, conveyed them to a trustee residing here, in trust to sell the same, and out of the proceeds, after paying certain specific sums, to remit the balance to a person residing at the grantor's domicil, to be by him applied rateably upon all the debts of the grantor; and the grantor died insolvent,...   Cases  
Smith v. Armistead 7 Ala. 698, Supreme Court of Alabama (January 01, 1845) 1845 Writ of error to the County Court of Clarke.   Cases  
Smith v. Berwick 12 Rob. (LA) 20, Supreme Court of Louisiana (September 01, 1845) 1845 Appeal from the District Court of St. Mary, Boyce, J.   Cases  
Smith v. Castrix 5 Ired. 518, Supreme Court of North Carolina (June 01, 1845) 1845 Marriage settlements must be proved, within six months after their execution, before a Judge either of the Superior or Supreme Court, or before a Court of record, or otherwise they will be void as to creditors. Probate before the Clerk of the County Court, as in the case of deeds in trust, will not be sufficient. An unauthorized registration is not...   Cases  
Smith v. Commonwealth 6 B.Mon. 21, Court of Appeals of Kentucky (September 19, 1845) 1845 Nuisances. Penal offences. Indictments. ERROR TO THE LEXINGTON CITY COURT. The charges in the indictment. THIS is an indictment in the City Court of Lexington, against Smith, for keeping a disorderly house. The indictment charges, that Smith on a certain day, and on divers other days and times, between that day and the taking of this...   Cases  
Smith v. Houston 8 Ala. 736, Supreme Court of Alabama (June 01, 1845) 1845 Writ of error to the Circuit Court of Sumter.   Cases  
Smith v. Taylor 10 Rob. (LA) 133, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the District Court of East Feliciana, Johnson, J.   Cases  
Smith v. Tupper 4 Smedes & M. 261, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 As a general rule, one partner cannot bind another by writing under seal. Judgment was obtained against S. and G. as partners; G. executed a forthcoming bond, and signed the partnership name thereto, which bond was forfeited. Held, that this bond was invalid as to S., and the statutory judgment equally invalid. S. and G. being partners, G. signed...   Cases  
Sowell v. Cox 10 Rob. (LA) 68, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the District Court of East Baton Rouge, Johnson, J.   Cases  
Springs v. Erwin 6 Ired. 27, Supreme Court of North Carolina (December 01, 1845) 1845 In the opinion of this Court, the presiding Judge erred in deciding that the letters of administration granted to the plaintiff are merely voidable; we consider them void. We so believe, for the reason that while the facts remained as they were, when the Court acted, the latter had no legal power to grant any species of administration upon the...   Cases  
St. Louis Perpetual Ins. Co. v. Cohen 9 Mo. 421, Supreme Court of Missouri (October 01, 1845) 1845 1. The question attempted to be raised by appellant, whether a corporation aggregate can be sued as defendant, or summoned as garnishee in attachment, is not presented by the record in this case. The appeal does not bring up for review the record and proceedings in the principal action. A garnishee cannot take advantage of irregularity in the...   Cases  
Staples v. Bouligny 10 Rob. (LA) 424, Supreme Court of Louisiana (April 01, 1845) 1845 Appeal from the Parish Court of New Orleans, Maurian, J.   Cases  
State ex rel. Graves v. Read 6 Ired. 80, Supreme Court of North Carolina (December 01, 1845) 1845 A purchaser at a Constable's, as well as at a Sheriff's sale, is bound to pay the whole amount of his bid to the officer ??ling, and the latter, and his sureties in his official bond, are liable to the person whose property is sold, for the excess beyond the amount required to satisfy the execution in the officer's hands. The case of the State v....   Cases  
State v. Burns 8 Ala. 313, Supreme Court of Alabama (June 01, 1845) 1845 Error to the Circuit Court of Mobile.   Cases  
State v. Dent 1 Rich. 469, Court of Appeals of Law of South Carolina (May 01, 1845) 1845 A prosecution for gaming, though barred as to the fine, is not barred as to the imprisonment, if not commenced within six months. The Act of 1748, limiting the time of commencing prosecutions in respect of any fine, penalty or forfeiture, relates only to pecuniary penalties imposed by statute. Where, in an indictment for gaming, the time at which...   Cases  
State v. Hailey 6 Ired. 11, Supreme Court of North Carolina (December 01, 1845) 1845 In the absence of any special regulations by the County Court, no act of a Patroller in the discharge of his patrolling duties can be valid, unless a majority of the Patrollers in the district be present, and a plurality of these sanction the act. The office of a Patroller is both judicial or quasi judicial, and executive. The cases of Richardson...   Cases  
State v. Hoppess 2 West.L.J. 279, Supreme Court of Ohio, Cincinnati (January 01, 1845) 1845 It would not be out of the truth to say, that this case has been argued with distinguished ability, much learning and great eloquence. Every principle and argument bearing directly or indirectly, proximately or remotely, upon the question under consideration, has been pressed at great length. True, the great principles of natural right asserted in...   Cases  
State v. Judge of District Court of Fourth District 9 Rob. (LA) 480, Supreme Court of Louisiana (January 01, 1845) 1845 Application for a writ of prohibition to the Judge of the Fourth Judicial District, and to the plaintiff in an action in which John Nolan is plaintiff, and the appellant, Pierre Paul Babin, defendant.   Cases  
State v. Judge of Fourth Judicial District 10 Rob. (LA) 169, Supreme Court of Louisiana (March 01, 1845) 1845 Application for a prohibition to Deblieux, Judge of the Fourth Judicial District.   Cases  
State v. Marshall 8 Ala. 302, Supreme Court of Alabama (June 01, 1845) 1845 Novel and difficult questions from Mobile.   Cases  
State v. Thomas 12 Rob. (LA) 48, Supreme Court of Louisiana (October 01, 1845) 1845 Appeals from the District Court of Rapides, King, J.   Cases  
Stewart v. Pickard 10 Rob. (LA) 18, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the Court of Probates of East Feliciana, Saunders, J.   Cases  
Strawbridge v. Spann 8 Ala. 820, Supreme Court of Alabama (June 01, 1845) 1845 Writ of Error to the County Court of Dallas.   Cases  
Stubblefield v. McRaven 5 Smedes & M. 130, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 For a devastavit, or maladministration, the heirs or distributees and legatees may have recourse against an executor, but administrators de bonis non can have no such recourse; the extent of their commission being to administer the effects left unadministered. M., one of the executors of C., at the January term, 1839, of the probate court, (due...   Cases  
220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237