| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Frow v. Downman |
11 Ala. 880, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Dallas. |
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Cases |
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| Gage v. Rogers |
20 S.C.Eq. 370, Court of Appeals of Equity of South Carolina (November 01, 1847) |
1847 |
Where the marriage settlement transferred to the husband the use and occupation, as well as all the proceeds arising from the real and personal estate of the wife, during their joint lives, and, in case the wife should die first, leaving issue, directed the property to be divided between the husband and the issue, according to lawreserving,... |
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Cases |
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| Gamble v. Gamble's Adm'r |
11 Ala. 966, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Sumter. |
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Cases |
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| Gardner v. Morrison |
12 Ala. 547, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Lowndes. |
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Cases |
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| Gary v. Colgin |
11 Ala. 514, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Sumter. |
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Cases |
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| Gayden v. Marshall |
8 Smedes & M. 489, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
Where a claimant has given bond to try the right of property levied on under an execution, the statute, H. & H. 655, provides that the value of the property assessed by the jury, shall determine the amount of credit to be given on the execution, if the property be found subject to it; where, therefore, in an action against a surety on a claimant's... |
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Cases |
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| Gilbert v. Meriam |
2 La.Ann. 160, Supreme Court of Louisiana (February 01, 1847) |
1847 |
Appeal from the District Court of Iberville, Nicholls, J. |
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Cases |
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| Gilbert v. State |
26 Tenn. 524, Supreme Court of Tennessee (April 01, 1847) |
1847 |
The plaintiff in error was indicted in the circuit court of Henry county for the murder of Armstead Forrest, his master, and was found guilty by the jury, and sentenced to suffer death. From this judgment he has appealed to this court. The counsel for the prisoner insist that he ought to have a new trial, on two grounds: 1. Because the evidence did... |
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Cases |
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| Girard v. City of New Orleans |
2 La.Ann. 897, Supreme Court of Louisiana (October 01, 1847) |
1847 |
Appeal from the District Court of Ouachita, Curry, J. |
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Cases |
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| Goodgame v. Cole |
12 Ala. 77, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Dallas. |
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Cases |
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| Goodson v. Whitfield |
5 Ired.Eq. 163, Supreme Court of North Carolina (December 01, 1847) |
1847 |
If a woman on the eve of marriage, and without the knowledge or consent of her intended husband, convey her property to her children, it is a fraud on his marital rights and the deed of conveyance will be set aside. A deed takes effect from its delivery, and not from its date; the former is of its essence, the latter is not. Cause removed from the... |
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Cases |
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| Gough v. Edelen |
5 Gill 101, Court of Appeals of Maryland (December 01, 1847) |
1847 |
This was an action of trover, to recover the value of the property mentioned in the declaration; and alleged to have been sold by the appellee to the appellant. Not guilty was pleaded; and the plaintiff proved by a competent witness, that the witness, as the agent of the plaintiff, called on the defendant for the purpose of demanding a delivery of... |
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Cases |
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| Gray v. Seigler |
33 S.C.L. 117, Court of Appeals of Law of South Carolina (December 01, 1847) |
1847 |
A bond, given to secure the payment of a sum of money for the compounding of a public prosecution for a misdemeanor, is a nullity. |
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Cases |
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| Grayson v. Mayo |
2 La.Ann. 927, Supreme Court of Louisiana (October 01, 1847) |
1847 |
Appeal from the District Court of Catahoula, Farrar, J. |
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Cases |
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| Grimshaw v. Walker |
12 Ala. 101, Supreme Court of Alabama (June 01, 1847) |
1847 |
Error to the Chancery Court of Mobile. |
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Cases |
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| Groves v. Steel |
2 La.Ann. 480, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the District Court of Madison, Curry, J. |
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Cases |
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| Grubbs v. Wiley |
9 Smedes & M. 29, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
W. instituted an action of covenant against W. G., and upon the trial, read in evidence an agreement by Z. M. P. G. for the payment of money upon certain conditions, the agreement was sealed by W. G. for Z. M. P. G.: Held, that the body and terms of the agreement proved that W. G. did not contract individually, but simply as agent; and, although... |
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Cases |
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| Guerard v. Jenkins |
32 S.C.L. 171, Court of Appeals of Law of South Carolina (February 01, 1847) |
1847 |
It is necessary in order to charge a party with a parol contract, to prove a promise express or implied, and that, supported by a sufficient consideration. In actions on parol contracts, it is necessary to aver that the consideration was performed at the special instance and request of the defendant. This request may be either express or implied.... |
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Cases |
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| Hackney v. Hackney |
27 Tenn. 452, Supreme Court of Tennessee (December 01, 1847) |
1847 |
This bill is filed for a specific execution of an ante-nuptial contract. The proof shows satisfactorily that the defendant, although urgently requested by the complainant before the marriage to convey her own property in trust for her separate use, with an unlimited power of disposal, always refused so to do, upon the alleged ground that such a... |
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Cases |
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| Hale v. Brown |
11 Ala. 87, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the County Court of Dallas. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hall v. Rodgers |
26 Tenn. 536, Supreme Court of Tennessee (April 01, 1847) |
1847 |
This is an action on the case, brought to charge the defendant, Rodgers, as the guarantor of the payment of bill single drawn by John H. Cain, for the sum of $750, due on the 25th of December, 1839. Upon the trial in the circuit court it appeared from the proof that Cain, on the 12th day of January, 1839, executed his bill single for the sum of... |
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Cases |
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| Hall v. State |
3 Kelly 18, Supreme Court of Georgia (July 01, 1847) |
1847 |
[1.] When an indictment accuses the defendant of the offence of a misdemeanor and then specifies that such misdemeanor consists in keeping an open tippling house on the Sabbath day, contrary to the statute, the accusation of the offence in the indictment is sufficient under the provisions of the Penal Code. [2.] When the statute declares,... |
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Cases |
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| Hall v. Whitaker |
7 Ired. 353, Supreme Court of North Carolina (August 01, 1847) |
1847 |
Where A. who is an indorser on the note of B. after it becomes due, borrows money from a bank on his own note with surety, and with it discharges B's. note, which also belonged to the bank, Held, that A. before paying up his own note in the bank, may maintain an action against B. for money paid to his use. The case of Brisendine v. Martin, 1 Ired.... |
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Cases |
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| Hall v. Woodside |
8 Ired. 119, Supreme Court of North Carolina (December 01, 1847) |
1847 |
Where, on a sci. fa. against bail, the pleas were, no ca. sa. issued, and payment, and the jury found all the issues in favor of the defendant, this Court will not enquire into the correctness of the charge of the Judge as to one of the pleas only, that of the validity of the ca. sa. The cases of Morrisey v. Bunting, 1 Dev. 3, and Bullock v.... |
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Cases |
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| Harper v. Archer |
8 Smedes & M. 229, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
The right of a widow to the personal estate of her deceased husband, until a division thereof has been made, is a mere chose in action; and if she marries again, and her husband does not reduce the same into his possession, the right will survive to her on his death. B. died intestate, leaving a daughter and widow. A. married the widow and... |
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Cases |
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| Harrison v. Bradley |
5 Ired.Eq. 136, Supreme Court of North Carolina (December 01, 1847) |
1847 |
An account, stated in writing and settled and signed by the parties, is a bar to a bill for another account. If the plaintiffs state the settlement in their bill, they cannot ask to have it opened, but for some fraud, omission or mistake pointed out. Where a bill for an account lies, the defendant can adduce the settlement, and shew thereby, that... |
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Cases |
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| Harvey v. Kendall |
2 La.Ann. 748, Supreme Court of Louisiana (June 01, 1847) |
1847 |
Appeal from the First District Court of New Orleans, McHenry, J. The facts of this case are stated in the opinion infrâ. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Hawkins v. May |
12 Ala. 673, Supreme Court of Alabama (June 01, 1847) |
1847 |
Error to the Circuit Court of Sumter. |
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Cases |
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| Haywood v. Ensley |
27 Tenn. 460, Supreme Court of Tennessee (December 01, 1847) |
1847 |
The complainant, Susan C. Haywood, is the wife of Thomas Haywood; and the other complainants, except Joseph Nash, are the children of said Thomas and Susan C. Haywood, and grandchildren of John Haywood, deceased; said Joseph Nash is the husband of Martha, one of the children of Thomas and Susan C. Haywood. It appears from the allegations of the... |
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Cases |
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| Headen v. Oubre |
2 La.Ann. 142, Supreme Court of Louisiana (January 01, 1847) |
1847 |
Appeal from the District Court of Pointe Coupée, Deblieux, J. |
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Cases |
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| Henderson v. Bank of Montgomery |
11 Ala. 855, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Monroe. |
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Cases |
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| Hester v. Young |
2 Kelly 31, Supreme Court of Georgia (January 01, 1847) |
1847 |
[1.] The Act of 1802, prohibiting the Judges of the Superior Courts from withholding any grant, deed or other document from the jury, unless barred by the Act of Limitations, does not repeal the law of evidence as to the execution of such papers; nor prevent the Judges from pronouncing upon their legal character. The only effect which it has, is to... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hext v. Jarrell |
33 S.C.L. 172, Court of Appeals of Law of South Carolina (December 01, 1847) |
1847 |
In Trespass quare clausum fregit, the pleas of the general issue, and of liberum tenementum, may be pleaded together. Where the general issue and liberum tenementum are both pleaded, the trespass, which liberum tenementum, if pleaded alone, would have admitted, is denied by the general issue, and must be proved by the party who affirms it. |
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Cases |
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| Hext v. Porcher |
20 S.C.Eq. 170, Court of Appeals of Equity of South Carolina (February 01, 1847) |
1847 |
The liability of a trustee is not measured by the abstract rule of his duty. The universal test of his liability, or exemption from liability, is this: is there, or is there not, in this case, evidence of faithful endeavors to fulfil it? To take advantage of a mistake, committed in an evidently honest endeavor, by the trustee, to perform his duty,... |
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Cases |
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| Hilleary v. Hurdle |
6 Gill 105, Court of Appeals of Maryland (December 01, 1847) |
1847 |
The complainant in the bill before us, married the daughter of the defendant, C. T. Hilleary, who was duly appointed her guardian. The object of the bill is to compel the guardian to account for the estate of the complainant's wife, and for a partition of property, which, it is alleged, the latter (who was dead at the time of filing the bill,) held... |
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Cases |
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| Hilliard v. Binford's Heirs |
10 Ala. 977, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Limestone. |
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Cases |
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| Hindman v. Dill |
11 Ala. 689, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Barbour. |
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Cases |
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| Hobgood v. Brown |
2 La.Ann. 323, Supreme Court of Louisiana (March 01, 1847) |
1847 |
Appeal from the District Court of East Feliciana, Johnson, J. The defendants, Lockhart and Arrott, appealed from a judgment perpetuating an injunction obtained by the plaintiff against a fi. fa. issued from the District Court of the First Judicial District. |
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Cases |
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| Hodges v. Hoole |
12 Ala. 177, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Barbour. |
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Cases |
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| Holliman's Heirs v. Peebles |
1 Tex. 673, Supreme Court of Texas (December 01, 1847) |
1847 |
Appeal from Fort Bend County. Where it appeared that an individual had, under the colonization law of 1823, received a league of land as a colonist and head of a family from the government of Mexico, but had never at any time had a permanent domicile nor introduced his property into the country, and had finally abandoned the same and died in the... |
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Cases |
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| Hooe v. Harrison |
11 Ala. 499, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Court of Chancery sitting in Pickens. |
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Cases |
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| Hooper v. Brinson |
2 Tex. 185, Supreme Court of Texas (December 01, 1847) |
1847 |
Writ of Error from Shelby County. The validity of a verbal consent, entered of record, to arbitrate a cause which was duly referred under such consent, and which was valid under the law then existing, is not affected by a subsequent law requiring agreements to arbitrate to be reduced to writing. [16 Tex. 517.] Where the record does not show,... |
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Cases |
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| Hoot v. Sorrell |
11 Ala. 386, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Court of Chancery for Dallas county. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Hosea v. McCrory |
12 Ala. 349, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error from the Circuit Court of Mobile. |
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Cases |
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| Houston v. Stanton |
11 Ala. 412, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Court of Chancery sitting at Livingston. |
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Cases |
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| Howard v. Jones |
5 Ired.Eq. 75, Supreme Court of North Carolina (December 01, 1847) |
1847 |
The plaintiff has placed his claim to relief, upon the allegation, that the money was borrowed from the Bank of Newbern for the use of the firm of Jones v. Ferrand, and to enable them to go into business in the State of Alabama, and that he was made a principal on the note, only because he was a resident of this State, and therefore within reach of... |
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Cases |
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| Howard v. Napier |
3 Kelly 192, Supreme Court of Georgia (July 01, 1847) |
1847 |
[1.] Where a testator, by his will, bequeaths certain property to trustees, in trust for his son, and his wife, and his four children, then living, and to any child or children which the testators' said son may hereafter have born, for the use of, support and maintenance of testator's said son and his family; and for the support, education and... |
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Cases |
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| Howell v. Howell |
7 Ired. 491, Supreme Court of North Carolina (August 01, 1847) |
1847 |
The Court is of opinion, that the construction put on the instrument given by the plaintiffs is erroneous. It is in form a personal obligation of the sons, under a penalty, that the father shall, upon certain terms, possess and enjoy the property as long as he will live on the land. The question is, whether it is to be taken according to its form... |
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Cases |
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| Hoy v. Taliaferro |
8 Smedes & M. 727, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
A vendee of land who has received a deed with covenants of warranty, and been let into possession, cannot, when sued at law on the notes given for the purchase-money, set up the defence of failure of consideration, without shewing an actual eviction. A sale by a marshal or sheriff of land under an execution against the vendor, is not equivalent to... |
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Cases |
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| Hudgins v. State |
2 Kelly 173, Supreme Court of Georgia (February 01, 1847) |
1847 |
[1.] A juror is not disqualified who has formed an opinion from mere rumour. [2.] The 15th section of the 14th division of the Penal Code, allowing the State ten peremptory challenges, is constitutional and valid. [3.] When the question is whether a homicide is felonious or justifiable, the opinion of a witness, as to the intention of the deceased... |
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Cases |
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