TitleCitationYearSummaryMost RelevantTypeStatus
Saulet v. Trepagnier 2 La.Ann. 427, Supreme Court of Louisiana (April 01, 1847) 1847 Appeal from the District Court of the First District, Buchanan, J.   Cases  
Savage v. Benham 11 Ala. 49, Supreme Court of Alabama (January 01, 1847) 1847 Writ of Error to the Orphans' Court of Lauderdale.   Cases  
Sayre v. Flournoy 3 Kelly 541, Supreme Court of Georgia (November 01, 1847) 1847 [1.] A Court of Equity will aid a judgment creditor who has pursued his legal remedies to every available extent, to reach a distributive share of an estate to which an insolvent debtor is entitled in his own right, in the hands of an administrator, held in trust for such judgment debtor. [2.] The husband has no interest vested in him in his wife's...   Cases  
Scarborough v. Reynolds 12 Ala. 252, Supreme Court of Alabama (June 01, 1847) 1847 Writ of Error to the Circuit Court of Macon.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Scott v. Rusk 2 La.Ann. 266, Supreme Court of Louisiana (March 01, 1847) 1847 Appeal from the District Court of Madison, Curry. J.   Cases  
Second Municipality of New Orleans v. Duncan 2 La.Ann. 182, Supreme Court of Louisiana (February 01, 1847) 1847 Appeal from the Third District Court of New Orleans, Kennedy, J. The defendant appealed from a judgment in this case in the following words: After evidence and argument, and at the suggestion of the court, a decree is now herein entered, pro forma, in favor of the plaintiffs and against the defendant without prejudice. The action was instituted...   Cases  
Shannon v. Dinkins 33 S.C.L. 196, Court of Appeals of Law of South Carolina (December 01, 1847) 1847 When the plaintiff to a plea of plene administravit replies that the defendant had assets, whereupon issue is joined, the burden is on the plaintiff, who must prove that assets existed, or ought to have existed, at the time mentioned in the plea. Any devastavit which has caused a failure of assets, may in this issue be given in evidence by the...   Cases  
Sheppard v. Melloy 12 Ala. 561, Supreme Court of Alabama (June 01, 1847) 1847 Writ of Error to the Circuit Court of Covington.   Cases  
Sheppard v. Turpin 3 Gratt. 373, Supreme Court of Appeals of Virginia (January 01, 1847) 1847 (Absent Cabell, P. and Brooke, J.) 1. Property conveyed in a deed of trust, is taken under execution and sold, at the instance of parties not claiming under the trust deed. HELD. A Court of Equity will not entertain a suit by the trustee or cestui que trust against the purchasers at the sale under the execution, to recover the property: there being...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Shilling v. Shilling 6 Gill 171, Court of Appeals of Maryland (December 01, 1847) 1847 In 1841, S. made his will, and devised an estate for life to his wife, from the crops to be raised on the farm on which he then resided. To his son N. he devised a tract of land, on which the son resided. To his son J. he devised all the rest and residuary part of the tract or tracts of land of which the testator was in possession, and on which he...   Cases  
Simerson v. Branch Bank at Decatur 12 Ala. 205, Supreme Court of Alabama (June 01, 1847) 1847 Error to the Circuit Court of Mobile.   Cases  
Simpson v. Vaughan 33 S.C.L. 32, Court of Appeals of Law of South Carolina (December 01, 1847) 1847 In an action of slander for charging the plaintiff with having sworn falsely to his schedule, it is not necessary to so charge and state the false swearing in the preliminary part of the declaration, as would be necessary in an indictment for perjury; still, enough ought to appear in words, or by legal intendment, to show an oath in a court of...   Cases  
Small v. Pool 8 Ired. 47, Supreme Court of North Carolina (December 01, 1847) 1847 The refusal of the Judge to receive the evidence offered by the defendant is the error of which he complains. We think his Honor erred, and that the testimony ought to have been received. In actions sounding in damages, the jury, in general, have a discretionary power, in awarding them, subject to the control of the Court. But in a case of deceit...   Cases  
Smith v. Knight 11 Ala. 618, Supreme Court of Alabama (January 01, 1847) 1847 Writ of Error to the Orphans' Court of Henry.   Cases  
Smith v. Thompson's Heirs 7 B.Mon. 305, Court of Appeals of Kentucky (June 25, 1847) 1847 Attorney and client. Fraud. ERROR TO THE HOPKINS CIRCUIT. Case stated. PHILLIP THOMPSON, in his lifetime, had been for many years, acting as the counsel and attorney of the complainant, Moses F. Smith, in the management of a considerable estate, which he claimed as devisee, under the will of his uncle, William B. Smith. By the contract between the...   Cases  
Smith v. Thomson 32 S.C.L. 344, Court of Appeals of Law of South Carolina (May 01, 1847) 1847 Where, in the form of an order of the Court, parties agree to submit their dispute to arbitration, as to matters not embraced by the action pending, their agreement has no more efficacy to oust the jurisdiction of the Court over another suit involving those matters, than an agreement made out of the Court. Vide, Percival & Herbemont, 1 M'Mul., 59....   Cases  
Smith v. Watkins 27 Tenn. 331, Supreme Court of Tennessee (December 01, 1847) 1847 This is an action of debt brought by Frederick H. Watkins, against the administrator with the will annexed of Samuel P. Watkins, deceased. The defendant pleaded: 1, statute of limitations; 2, payment; 3, no assets; and, 4, extinguishment by way of retainer as executor, etc. Upon the trial it appeared from the proof that, in 1839, Samuel P. Watkins...   Cases  
Sneed v. Wiggins 3 Kelly 94, Supreme Court of Georgia (July 01, 1847) 1847 This was a motion to dissolve an injunction upon the coming in of the answer, upon two grounds. 1. Because the equity of the bill was fully sworn off. 2. Because the time mentioned in the agreement for the payment of the money was of the essence of the contract; and the complainant having, as appeared by the bill, failed to pay at the time, he was...   Cases  
Sohier v. Wardens, etc., St. Paul's Church 12 Metcalf 250, Supreme Judicial Court of Massachusetts (March 01, 1847) 1847 A testator made the following bequest: To the wardens and vestry of St. Paul's Church in Boston I bequeath five thousand dollars, to be received and held by the legatees as the formation of a fund which I am desirous should be established for the support of a city missionary of the Protestant Episcopal Church. Held, that the bequest was valid,...   Cases  
Soileau v. Rougeau 2 La.Ann. 766, Supreme Court of Louisiana (August 01, 1847) 1847 Appeal from the District Court of St. Mary, Voorhies, J.   Cases  
Spence v. Thompson 11 Ala. 746, Supreme Court of Alabama (January 01, 1847) 1847 Writ of Error to the Circuit Court of Talladega.   Cases  
Stachlin v. Destrehan 2 La.Ann. 1019, Supreme Court of Louisiana (December 01, 1847) 1847 Appeal from the District Court of Jefferson, Clarke, J.   Cases  
Stanbrough v. Evans 2 La.Ann. 474, Supreme Court of Louisiana (April 01, 1847) 1847 Appeal from the District Court of Madison, Selby, J.   Cases  
State v. Abram 10 Ala. 928, Supreme Court of Alabama (January 01, 1847) 1847 Error to the Circuit Court of Dallas.   Cases  
State v. Anderson 32 S.C.L. 455, Court of Appeals of Law of South Carolina (May 01, 1847) 1847 Two or more separate offences may be joined in the same indictment, provided the punishment be identically the same for each; and a general verdict would suffice, although there might be a defective count in the indictment. Arch Cr Pl., 61, and State v. Poole, 2 Tread., 494. A count in an indictment is defective, which does not allege the place...   Cases  
State v. Bogan 2 La.Ann. 838, Supreme Court of Louisiana (September 01, 1847) 1847 Appeal from the District Court of Rapides, Cushman, J.   Cases  
State v. Burris 4 Harr. 582, Court of Oyer and Terminer of Delaware (October 01, 1847) 1847 The right to an impartial trial is undoubtedly a constitutional right, but it is also a common law right, and was at common law as fully recognized as it can be under the constitutional provision. It is in the same words with magna charta in 1215, which was itself but a recognition of the common law. It was inserted in the constitution as an...   Cases  
State v. Clarissa 11 Ala. 57, Supreme Court of Alabama (January 01, 1847) 1847 Error to the Circuit Court of Dallas.   Cases  
State v. Dubord 2 La.Ann. 732, Supreme Court of Louisiana (June 01, 1847) 1847 Appeal from the First District Court of New Orleans, McHenry, J.   Cases  
State v. Fant 2 La.Ann. 837, Supreme Court of Louisiana (September 01, 1847) 1847 Appeal from the District Court of Rapides, Cushman, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Frame 4 Harr. 569, Court of Oyer and Terminer of Delaware (October 01, 1847) 1847 Property in several; larceny of, how laid. Indictment, larceny of forty bushels of Indian corn in the ear; the goods and chattels of David Burton and Burton Hall. The proof was, that the corn taken belonged to Burton Hall and David Burton, tenants, and to Henry C. Waples, landlord, being part of a crop raised on shares and undivided. Mr. Cullen...   Cases  
State v. George 7 Ired. 321, Supreme Court of North Carolina (June 01, 1847) 1847 The prisoner is indicted, together with Mary Meadows, for the murder of James Meadows, her husband, the first as principal, and the second as accessary before the fact. The prisoner was tried alone. On the trial a witness was called to state, acts and declarations of Mary Meadows, tending to show hostility to her husband, and an intention to cause...   Cases  
State v. Gherkin 7 Ired. 206, Supreme Court of North Carolina (June 01, 1847) 1847 A subscribing witness is not material to the due making of a bond. The putting of the name of Stubbs to the instrument, as a subscribing witness, did not vitiate the bond, after it was subsequently delivered by the obligors to the obligee. The bond could have been established (if denied by the obligors) by proof of their hand-writing. Blackwell v....   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Gilbert 2 La.Ann. 244, Supreme Court of Louisiana (March 01, 1847) 1847 Appeal from a court organized for the trial of the defendant in the parish of East Feliciana.   Cases  
State v. Kirby 32 S.C.L. 378, Court of Appeals of Law of South Carolina (May 01, 1847) 1847 Confessions are admissible in evidence before the jury, though they be elicited by questions, whether put to the prisoner by a magistrate, officer, or private person; and the form of the question is immaterial to its admissibility, though it assume the prisoner's guilt. 1 Greenleaf Ev., sec. 239. The necessity of the inquiry into the effect upon...   Cases  
State v. Martin 2 La.Ann. 667, Supreme Court of Louisiana (June 01, 1847) 1847 Appeal from the Second District Court of New Orleans, Canon, J. The petition alleges, that Francois Xavier Martin, who resided in the city of New Orleans, died on the 10th December, 1846, leaving an estate estimated in the inventory at $396,841 17. That Paul Barthélemy Martin, a brother of the deceased, caused himself to be recognised as the...   Cases  
State v. O'Neal 7 Ired. 251, Supreme Court of North Carolina (June 01, 1847) 1847 It is the privilege of parties to be heard at the Bar through their counsel, and a wide latitude is given to the latter in making their argument to the jury. Nor do we know of any obligation on a Judge to interrupt counsel in stating their conclusions either of law or fact. It is the right and the duty of the presiding Judge, if counsel state facts...   Cases  
State v. Smith 33 S.C.L. 77, Court of Appeals of Law of South Carolina (December 01, 1847) 1847 Where the prisoner shot at a person on horseback, and declared that he did so only with the intention to cause the horse to throw him, and the ball took effect on another person and produced his death, the Court held the crime to be murder. If the act of a person which produces the death of another, be attended with such circumstances as are the...   Cases  
State v. Stark 32 S.C.L. 479, Court of Appeals of Law of South Carolina (May 01, 1847) 1847 This Court will not sanction a positive charge to the jury in a matter of legal instruction to them, in any case, where the testimony presents a dubious question. The positive existence of that degree and kind of insanity that shall work a dispensation to the prisoner, in a case of established homicide, is a fact, to be provedl as it is affirmed,...   Cases  
State v. White 7 Ired. 180, Supreme Court of North Carolina (June 01, 1847) 1847 We concur in the opinion of his Honor in the Court below. The evidence was offered under our Statute, passed in the year 1803, Rev. St. ch. 35, sec. 13, which gives a defendant, charged by indictment with the publication of a libel, the right to prove on the trial the truth of the charges in the libel. To ascertain the meaning of the Act, in...   Cases  
Stewart v. Pettus 10 Mo. 755, Supreme Court of Missouri (July 01, 1847) 1847 Tabitha Batte, in the year 1836, resided in the State of Virginia, where she made her last will and testament in conformity to law. By this will, she bequeathed, in trust to William G. pettus and James Coleman, all her property for the benefit of Peggy C. Batte, her daughter-in-law, and wife of Thomas C. Batte, who, at that time resided in...   Cases  
Stovall v. Farmers' & Merchants' Bank of Memphis 8 Smedes & M. 305, High Court of Errors and Appeals of Mississippi (January 01, 1847) 1847 Where personal property is purchased at sheriff's or marshal's sale, and is left by the vendee in the possession of the defendant in the execution, in whose possession it is permitted to remain for two years or more, the facts will be at least prima facie fraudulent as to creditors. Where a witness swears positively one way, and facts and opposing...   Cases  
Strode v. Clark 12 Ala. 621, Supreme Court of Alabama (June 01, 1847) 1847 Error to the Circuit Court of Sumter.   Cases  
Stroud v. Humble 2 La.Ann. 930, Supreme Court of Louisiana (October 01, 1847) 1847 Appeal from the District Court of Caldwell, Farrar, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Succession of Guillemin 2 La.Ann. 634, Supreme Court of Louisiana (June 01, 1847) 1847 Appeal from the Second District Court of New Orleans, Canon, J.   Cases  
Succession of Harkins 2 La.Ann. 923, Supreme Court of Louisiana (October 01, 1847) 1847 Appeal from the District Court of Claiborne, Taylor, J.   Cases  
Succession of Montgomery 2 La.Ann. 469, Supreme Court of Louisiana (April 01, 1847) 1847 Appeal from the Court of Probates of Madison, Downes, J.   Cases  
Sullivan v. Williams 2 La.Ann. 876, Supreme Court of Louisiana (September 01, 1847) 1847 Appeal from the District Court of Rapides, Campbell, J.   Cases  
Talbert v. Melton 9 Smedes & M. 9, High Court of Errors and Appeals of Mississippi (January 01, 1847) 1847 When a forthcoming bond taken by a sheriff is actually forfeited, the statute requires the return of the bond into court, with the execution upon which it was based; but it does not require any indorsement of its forfeiture, by the sheriff, upon the bond itself. A return, by the sheriff upon an execution, of bond taken and forfeited, unaccompanied...   Cases  
Taylor v. Benham 46 U.S. 233, Supreme Court of the United States (January 01, 1847) 1847 By the laws of Alabama, an administrator de bonis non, with the will annexed, is liable for assets in the hands of a former executor. Where a person who held land as trustee directed by his will that the whole of the property that he may die seized and possessed of, or may be in any wise belonging to him, should be sold, the executors had power to...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
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