| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Hulick v. Scovil |
4 Gilman 159, Supreme Court of Illinois (December 01, 1847) |
1847 |
The plaintiff in error brough this action of ejectment in the circuit court of Fulton county, to evict defendant from the possession of a certain tract of land lying in that county. The case went by change of venue into the Peoria circuit court, where it was, by the agreement of parties,tried by the court without the intervention of a jury. The... |
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Cases |
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| Hutchinson v. Gamble |
12 Ala. 36, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Sumter. |
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Cases |
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| Hynes v. Cobb |
2 La.Ann. 363, Supreme Court of Louisiana (March 01, 1847) |
1847 |
Appeal from the District Court of Madison, Curry, J. This is an action on a promissory note for $5,254 10, dated the 13th of November, 1841, and due on the 1st January, 1842, bearing ten per cent interest from maturity. The facts of the case are these: The agent of the plaintiff loaned the defendants a sum of money, which, with twenty per cent... |
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Cases |
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| Hynson v. Meuillon |
2 La.Ann. 798, Supreme Court of Louisiana (September 01, 1847) |
1847 |
Appeal from the District Court of Rapides, Cushman, J. |
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Cases |
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| In re Metzger |
5 N.Y.Leg.Obs. 367, Supreme Court, New York (January 01, 1847) |
1847 |
This case involves the question whether the President of the United States has authority, by virtue of mere treaty stipulation, and without an express enactment of the national legislature, to deliver up to a foreign power, and virtually to banish from the country, an inhabitant of one of the sovereign States of our confederacy. The importance of... |
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Cases |
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| In re Metzger |
5 N.Y.Leg.Obs. 367 (January 01, 1847) |
1847 |
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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| In re Pennsylvania Hall |
5 Pa. 204, Supreme Court of Pennsylvania (January 01, 1847) |
1847 |
The 13th section of the act of June 16, 1836, giving damages for property destroyed by mobs, and regulating the mode of their assessment, is constitutional. The Court of Criminal Sessions was a constitutional court. The jurisdiction given by the act of 1836 to the Mayor's Court was transferred to the Court of Criminal Sessions, and from that to the... |
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Cases |
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| James v. Fisk |
9 Smedes & M. 144, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
Where in a suit against husband and wife, to foreclose a mortgage upon the separate estate of the wife, given to secure a debt of the husband, a decree pro confesso is rendered, it will not be sufficient ground to sustain a bill of review, at the instance of the wife, to set aside the decree, that her husband fraudulently concealed from her the... |
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Cases |
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| Jarman v. Wilkerson |
7 B.Mon. 293, Court of Appeals of Kentucky (June 11, 1847) |
1847 |
Femes covert. Appointment. ERROR TO THE MORGAN CIRCUIT. How far the engagements of a feme covert for the payment of money not expressly charging or referring to her separate estate, should be regarded in equity as an appointment or charge upon such estate, has not, as we believe, been expressly decided in this Court. The modern doctrine of the... |
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Cases |
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| Jasper v. Howard |
12 Ala. 652, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Talladega. |
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Cases |
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| Jewett v. Cunard |
3 Woodb. & M. 277, Circuit Court, D Maine (October 01, 1847) |
1847 |
This was a bill in equity [by Joshua Jewett] against Joseph Cunard & Co. and Bryce Jewett. The complainant alleged that in A. D. 1830, about the 1st of October, he separately was indebted to Joseph Cunard & Co. in certain sums, and also in another sum jointly with Bryce Jewett. That having before given lien on his estate, personal and real, to the... |
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Cases |
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| Johnson v. Collins |
12 Ala. 322, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Court of Chancery for the 4th District. |
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Cases |
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| Johnson v. Hannahan |
32 S.C.L. 313, Court of Appeals of Law of South Carolina (February 01, 1847) |
1847 |
Defendant cannot be made liable in trespass for entering upon his own land, in the wrongful possession of plaintiff, and exerting a right of ownership; nor can any unlawful acts, committed in the exertion of this right, be so connected with it, as to make him liable in damages to plaintiff as a trespasser ab initio. Such acts have their distinct,... |
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Cases |
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| Johnson v. Holt |
3 Kelly 117, Supreme Court of Georgia (July 01, 1847) |
1847 |
[1.] The power, of reviewing all the decisions, interlocutory and final, of the Superior Courts, even those depending upon mere discretion, of right belongs to the Supreme Court; yet it will not interfere to correct the abuse of discretionary power, unless it has been exercised in an illegal, unjust, or arbitrary manner. [2.] Courts of chancery... |
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Cases |
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| Johnson v. Johnson |
2 La.Ann. 67, Supreme Court of Louisiana (January 01, 1847) |
1847 |
Appeal from the District Court of the the First District, Bucchanan, J. |
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Cases |
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| Johnston v. Ashley |
7 Ark. 470, Supreme Court of Arkansas (January 01, 1847) |
1847 |
T. and C. being partners in the practice of law, and attorneys of record in the cause, dissolved partnership: T. then formed a partnership with R. and a notice to take depositions was served upon R., who had not been specially retained in the case. Held that such notice was not served upon the attorney of record. Testimony as to the appearance of a... |
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Cases |
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| Jones v. Hunter |
2 La.Ann. 254, Supreme Court of Louisiana (March 01, 1847) |
1847 |
Appeal from the District Court of Concordia, Curry, J. |
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Cases |
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| Jones v. Laney |
2 Tex. 342, Supreme Court of Texas (January 01, 1847) |
1847 |
Appeal from Lamar County. The right of those Indian nations, residing within the limits of a state, to regulate their own civil polity has never been questioned, unless the state authority has, by some affirmative act, claimed a jurisdiction incompatible with such right. Their laws and customs regulating property, contracts, and the relations... |
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Cases |
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| Jones v. Relfe |
10 Mo. 623, Supreme Court of Missouri (July 01, 1847) |
1847 |
This was an action of trover, brought by Jones against Relfe, in the Circuit Court of Washington county, but transferred, upon the application of Relfe, to St. Francois. A trial was had in the latter county, which resulted in a verdict against Relfe for $9,558. The verdict was set aside by the court and a second trial took place. The plaintiff,... |
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Cases |
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| Jones v. Swift |
12 Ala. 144, 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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| Jones v. Van Zandt |
46 U.S. 215, Supreme Court of the United States (January 01, 1847) |
1847 |
Under the fourth section of the act of 12th February, 1793, respecting fugitives from justice, and persons escaping from the service of their master, on a charge for harboring and concealing fugitives from labor, the notice need not be in writing by the claimant or his agent, stating that such person is a fugitive from labor under the third section... |
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Cases |
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| Jordan v. Mead |
12 Ala. 247, Supreme Court of Alabama (June 01, 1847) |
1847 |
Error to the Chancery Court of Madison. |
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Cases |
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| Julian v. Reynolds |
11 Ala. 960, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Chancery Court of Lowndes. |
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Cases |
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| Kemp v. Rowly |
2 La.Ann. 316, Supreme Court of Louisiana (March 01, 1847) |
1847 |
Appeal from the District Court of Concordia, Curry, J. |
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Cases |
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| Kenan v. Miller |
2 Kelly 325, Supreme Court of Georgia (May 01, 1847) |
1847 |
[1.] To a bill for relief and injunction against plaintiffs in execution, issuing upon a common law judgment, their attorneys, against whom no fraud is charged, nor relief sought, ought not to be made parties. [2.] If a complainant in equity has been before a competent tribunal at law, which has given judgment against him, that judgment, unless... |
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Cases |
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| Kinnard v. Thompson |
12 Ala. 487, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Sumter. |
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Cases |
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| Kirkpatrick v. Davidson |
2 Kelly 297, Supreme Court of Georgia (May 01, 1847) |
1847 |
This was an action of trover, tried at the October Term, 1846, of the Superior Court of Jasper County. It seems that one Watson Shaw intermarried with Ann Eliza Kirkpatrick, by whom he had issue one child only. Mary Ann Shaw, the plaintiff in the action below. Shortly after the intermarriage, James H. Kirkpatrick, the father of Shaw's wife, placed... |
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Cases |
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| Knox v. Abercrombie |
11 Ala. 997, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Montgomery. |
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Cases |
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| Lang v. Pettus |
11 Ala. 37, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Orphans' Court of Madison. |
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Cases |
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| Leakey v. Maupin |
10 Mo. 368, Supreme Court of Missouri (January 01, 1847) |
1847 |
This was a proceeding commenced in the County Court of Howard county by Maupin, the appellee, to obtain from J. J. Leakey, administrator of Jeremiah Leakey, deceased, a distributive share in right of his wife of the estate of the said Jeremiah Leakey. In 1841, Maupin married S. Leakey, a daughter of the said Jeremiah, who died intestate in March,... |
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Cases |
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| Ledoux v. Cooper |
2 La.Ann. 586, Supreme Court of Louisiana (May 01, 1847) |
1847 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Lee v. Creditors |
2 La.Ann. 599, Supreme Court of Louisiana (June 01, 1847) |
1847 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. The facts of this case are stated in the opinion of the court. |
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Cases |
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| Leonard v. Scarborough |
2 Kelly 73, Supreme Court of Georgia (January 01, 1847) |
1847 |
[1.] The act of 1821, declaring that suits in favour of a guardian shall not abate upon the revocation of his letters of guardianship, but that the removal being suggested of record, a scire facias may issue to make the successor a party at any time after his qualification and appointment, does not take from Chancery the right of appointing a... |
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Cases |
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| Leroy M. Wiley, Parish & Co. v. Smith |
3 Kelly 551, Supreme Court of Georgia (November 01, 1847) |
1847 |
Upon looking into this record, I find that certain judgment creditors had levied upon property in the possession of William and Benjamin H. Brantley, which was claimed by the complainants as trustees for them and their children. A trial of the claim was had and an appeal entered, pending which this bill was filed. The complainants allege, that the... |
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Cases |
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| Lester v. Cummings |
27 Tenn. 385, Supreme Court of Tennessee (December 01, 1847) |
1847 |
This is an attachment bill brought upon the 8th section of the act of 1836, ch. 43. It alleges, in substance, that the complainant is accommodation-endorser of a bill of exchange not due, drawn by the defendant for $1,600, on a house in New Orleans, and transferred to the Bank of Tennessee, and that the endorsers prior to the complainant are all... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Lewis v. State |
1 Morr.St.Cas. 392, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
A proposed juror having stated that he had formed and expressed no opinion in the case, was tendered to the prisoner as a juror, and accepted, when he voluntarily stated to the court that he had conscientious scruples about finding any man guilty of murder, and could not conscientiously take the oath. The court thereupon discharged him, without... |
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Cases |
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| Lindeman v. Theobalds |
2 La.Ann. 912, Supreme Court of Louisiana (October 01, 1847) |
1847 |
Appeal from the District Court of Ouachita, Copley, J. |
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Cases |
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| Litton v. Baldwin |
27 Tenn. 209, Supreme Court of Tennessee (December 01, 1847) |
1847 |
The defendant Mary F. Baldwin is a married woman, wife of the defendant Henry Baldwin. The bill seeks to subject her separate property to the payment of a promissory note for $337.50, made by her and another, as her surety, to complainant, on the 15th of January, 1842. The consideration of said note was the purchase by said Mary of certain articles... |
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Cases |
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| Locket v. Child |
11 Ala. 640, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the County Court of Perry. |
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Cases |
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| Long v. Story |
10 Mo. 636, Supreme Court of Missouri (July 01, 1847) |
1847 |
Elizabeth Story, the surviving administratrix of the estate of Smith Story, deceased, brought an action of assumpsit against John and James H. Long. The declaration contained two counts; one founded on a note dated 3rd May, 1841, signed J. & J. Long, for the payment to plaintiff and one Croysdale, as the legal representatives of said... |
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Cases |
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| Love v. Raper |
4 Ired.Eq. 475, Supreme Court of North Carolina (August 01, 1847) |
1847 |
In the opinion of his Honor below we entirely concur. If any doubt rested upon our minds as to the facts of this case, and as to the legal and equitable principles resulting from them, we should continue the injunction to the hearing. But we have no such doubt. To us it is clear the plaintiff is not entitled to the aid of this Court. The... |
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Cases |
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| Lovett v. Lovett |
11 Ala. 763, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Chancery Court at Monroeville. |
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Cases |
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| Lynch v. Kitchen |
2 La.Ann. 843, Supreme Court of Louisiana (September 01, 1847) |
1847 |
Appeal from the District Court of Rapides, King, J. |
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Cases |
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| Magruder v. Darnall |
6 Gill 269, Court of Appeals of Maryland (December 01, 1847) |
1847 |
A guardian may be responsible to his ward as bailiff, or guardian before he bonds; but in such a case, the bill should charge an entry on the ward's estate, and perception of profits before he bonded. But where the bill is framed in reference to his duty as guardian, deriving his authority as such from his appointment, the account should be taken... |
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Cases |
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| Mahan v. Mahan |
7 B.Mon. 579, Court of Appeals of Kentucky (September 27, 1847) |
1847 |
Parties. Consideration. Gifts. Specific performance. ERROR TO THE BALLARD CIRCUIT. Case stated and the bill. PETER MAHAN executed and delivered to his son James C. Mahan, the following writing or writings: State of Kentucky, Hickman county, Jan. 13, 1841. To all whom it may concern, Be it therefore known, that I have this day given unto my... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Mahone v. Reeves |
11 Ala. 345, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Talladega. |
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Cases |
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| Marshall v. Stephens |
27 Tenn. 159, Supreme Court of Tennessee (December 01, 1847) |
1847 |
There have been many points made, and argued with much zeal, in this case, most of which we deem it unnecessary to investigate, because in our opinion the case turns upon the question as to whether there has been a legal execution of the power of appointment given by the deed of trust to Mary Stephens, and under which the plaintiff, Gilbert... |
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Cases |
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| Martin v. Everett |
11 Ala. 375, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Perry. |
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Cases |
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| Martin v. Lofland |
8 Smedes & M. 352, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
In a controversy between two judgment creditors as to priority of lien, the return on an execution on one of the judgments, held up by the plaintiff, will be prima facie evidence of the fact that it was so held up. L. obtained judgment on a forfeited forthcoming bond in October, 1843, but stayed the execution until after May, 1844; M.... |
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Cases |
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| Mattingly's Heirs v. Corbit |
7 B.Mon. 376, Court of Appeals of Kentucky (June 18, 1847) |
1847 |
IN answer to the objection to the jurisdiction of a Court of equity in this case, it may be remarked, that the fact that Simeon Mattingly, the administrator or former administrator of Mary Mattingly, had become a non-resident, is alone deemed sufficient ground upon which to rest the jurisdiction. Corbit, who held the note upon Simeon and Mary... |
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Cases |
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