Title | Citation | Year | Summary | Most Relevant | Type | Status |
Taylor v. Carlile |
2 La.Ann. 579, Supreme Court of Louisiana (May 01, 1847) |
1847 |
Appeal from the First District Court of New Orleans, McHenry, J. |
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Cases |
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Taylor v. Paullin |
11 Ala. 512, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Court of Chancery sitting in Barbour county. |
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Cases |
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Terrell v. Green |
11 Ala. 207, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Chancery Court of Montgomery. |
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Cases |
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Thames Bank v. Lovell |
18 Conn. 500, Supreme Court of Errors of Connecticut (July 01, 1847) |
1847 |
The leading principle involved in this case, was also involved and decided, by this court, in the case of Kellogg v. The Union Company, 12 Conn. R. 7. and it is admitted, that the chief object here, is, to induce us to review the opinion expressed in that case, as well as to satisfy us, that there are material facts here, not found there, which... |
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Cases |
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The Rhode Island |
6 N.Y.Leg.Obs. 12, District Court, SD New York (July 01, 1847) |
1847 |
This was an action instituted for the recovery of damages caused by a collision. The libellants allege that they are a corporation duly created by the laws of Connecticut, under the name of the Naugatuck Transportation Company; that they were the owners and proprietors of the steam propeller Naugatuck, running between the port of Derby, in... |
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Cases |
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Third Municipality of New Orleans v. Ursuline Nuns |
2 La.Ann. 611, Supreme Court of Louisiana (June 01, 1847) |
1847 |
Appeal from the First District Court of New Orleans, Preston, J. |
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Cases |
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Thurlow v. Com. of Mass. |
46 U.S. 504, Supreme Court of the United States (January 01, 1847) |
1847 |
Laws of Massachusetts, providing that no person shall presume to be a retailer or seller of wine, brandy, rum or other spirituous liquors, in a less quantity than twenty-eight gallons, and that delivered and carried away all at one time, unless he is first licensed as a retailer of wine and spirits, and that nothing in the law should be so... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Thurmond v. Reese |
3 Kelly 449, Supreme Court of Georgia (November 01, 1847) |
1847 |
[1.] The general rule is, that to entitle a creditor to come into equity to obtain satisfaction out of the equitable estate of his debtor, he should have first pursued his legal remedies to every available extent without being able to obtain satisfaction; yet he may file his bill at once, to set aside fraudulent conveyances made by the defendants... |
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Cases |
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Tobin v. Addison |
33 S.C.L. 3, Court of Appeals of Law of South Carolina (November 01, 1847) |
1847 |
An execution issued by a Magistrate, under a judgment against the Guardian, against the property of his ward, is void. A judgment against a party, as Guardian, is no more than a judgment against him, without the addition, that being only a descriptio personae. No judgment against a party, as Guardian, can have the effect to charge either the person... |
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Cases |
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Tolson v. Tolson |
10 Mo. 736, Supreme Court of Missouri (July 01, 1847) |
1847 |
This was a suit in chancery by the heirs of William Tolson, to procure the legal title to a tract of land in Howard county, and to restrain further proceedings upon an action of ejectment instituted upon such legal title by the heirs of Thomas Tolson, deceased. The facts as stated in the bill, were as follows: In the year 1819, Samuel Alexander,... |
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Cases |
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Trapnall v. Jordan |
7 Ark. 430, Supreme Court of Arkansas (January 01, 1847) |
1847 |
The circuit court has no jurisdiction to distribute money made by sale of property under several executions against the same judgment debtor, upon the petition of the sheriff or creditors; and consequently this court acquires no jurisdiction in such case by appeal. If the executions are satisfied the sheriff is bound to have the money before the... |
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Cases |
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Traylor v. Marshall |
11 Ala. 458, 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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Trigg v. Conway |
Hempst. 538, Circuit Court, D Arkansas (May 01, 1847) |
1847 |
Detinue [by Francis B. Trigg against James S. Conway]. |
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Cases |
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Truly v. Wanzer |
46 U.S. 141, Supreme Court of the United States (January 01, 1847) |
1847 |
The preceding case of Rowan and Harris v. Runnels reviewed and confirmed The general principle with regard to injunctions after a judgment at law is this,that any fact which proves it to be against conscience to execute such judgment, and of which the party could not have availed himself in a court of law, or of which he might have availed... |
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Cases |
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Tucker v. Tucker |
5 Ired.Eq. 82, Supreme Court of North Carolina (December 01, 1847) |
1847 |
No difficulty is made, as to the personal estate proper. The will was not effectual to pass it, and therefore it must go, as if there had been nothing said in the will about it. Consequently, after the payment of debts, and the charges of administration, the surplus is to be distributed, according to the statute, among the widow and children of the... |
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Cases |
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Tullis v. Kidd |
12 Ala. 648, Supreme Court of Alabama (June 01, 1847) |
1847 |
Error to the Circuit Court of Tuscaloosa. |
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Cases |
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Turk v. Turk |
3 Kelly 422, Supreme Court of Georgia (September 01, 1847) |
1847 |
William Turk, Sr., died intestate in the year 1794, leaving a small estate, and his widow, Margaret Turk, and four children, John, Mary, James, and William Turk, Jr., his next of kin and only heirs and distributees. The widow remained in possession of the property until her son William became of age, when he took the control and management thereof,... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Turner v. Lambeth |
2 Tex. 365, Supreme Court of Texas (December 01, 1847) |
1847 |
Appeal from Red River County. It is a rule of universal application in courts, both of law and equity, that fraud will not be presumed, and until it is proved the presumption is in favor of the fairness of the transaction. This court cannot judicially know the powers of the Mississippi courts, and foreign jurisdictions are never supposed to exceed... |
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Cases |
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Turney v. State |
1 Morr.St.Cas. 305, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
Questions are leading, which suggest to the witness the answer desired; or which embody a material fact, and may be answered by a mere negative or affirmative; or which involve an answer bearing immediately upon the merits of the cause, and indicating to the witness a representation which will best accord with the interests of the party propounding... |
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Cases |
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U.S. v. Sanders |
Hempst. 483, Circuit Court, D Arkansas (April 01, 1847) |
1847 |
Murder. The efendant [Ellis Sanders], a Cherokee Indian, was indicted for the murder of Billy, a white boy, in the Cherokee country, west of Arkansas, in 1844. The defendant plead not guilty, and on the trial the proof on the part of the prosecution was, that in the latter part of July, 1844, the defendant, without any provocation or excuse, killed... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Ulrici v. Papin |
11 Mo. 42, Supreme Court of Missouri (October 01, 1847) |
1847 |
1. The bill shows conclusively that the land, by far the greater part of it, if not the whole, does not lie in St. Louis county; and so the suit could not be brought there, by the positive provision of the statute. Rev. Code of 1835, p. 506, ยง 2; and the Rev. Code of 1845, is word for word the same. 2. This is plainly multifarious. Whatever... |
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Cases |
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Underwood v. Parrott |
2 Tex. 168, Supreme Court of Texas (December 01, 1847) |
1847 |
Appeal from Brazoria County. Account books, containing original entries, are not of themselves evidence, but they may become evidence by the intervention of extrinsic circumstances. [[[[[15 Tex. 441.] Where an account, copied from a tradesman's book, had been compared with the original entries, and found correct, by the witness, who was himself a... |
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Cases |
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Union Bank v. Baker |
27 Tenn. 447, Supreme Court of Tennessee (December 01, 1847) |
1847 |
This is an attachment bill filed by the Union Bank of Tennessee against the defendant Hiram Baker, on the 18th day of June, 1841, under the provisions of the acts of 1836, ch. 43, and of 1838, ch. 166. The bill charges that a large amount of the notes of the bank were stolen from its vaults, a considerable portion of which came into the possession... |
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Cases |
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Union Bank v. Morgan |
2 La.Ann. 418, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the District Court of St. Tammany, Jones, J. The plaintiffs appealed in this case from a judgment in favor of the defendant, who was sued as endorser of several promissory notes. The facts material to a correct understanding of this case, will be found in the opinion of the court, infra. |
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Cases |
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Upchurch v. Norsworthy |
12 Ala. 532, Supreme Court of Alabama (June 01, 1847) |
1847 |
Error to the Circuit Court of Pickens. |
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Cases |
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Urquhart v. Sargent |
2 La.Ann. 196, Supreme Court of Louisiana (February 01, 1847) |
1847 |
Appeal from the District Court of Concordia, Curry, J. This action was instituted by Mary Urquhart, the only surviving child of Mary Sargent, by her first husband David Williams, and by the children of James C. Williams, her brother. The ancestor of the plaintiffs, David Williams, died in 1792, leaving four children. Mary, one of the plaintiffs,... |
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Cases |
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Vandenburgh v. Truax |
4 Denio 464, Supreme Court, New York County, New York (May 01, 1847) |
1847 |
It may be laid down as a general rule, that when one does an illegal or mischievous act, which is likely to prove injurious to others, and when he does a legal act in such a careless and improper manner that injury to third persons may probably ensue, he is answerable, in some form of action, for all the consequences which may directly and... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Vandenburgh v. Truax |
4 Denio 464 (May 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 |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Venable v. Thompson |
11 Ala. 147, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Circuit Court of Lawrence. |
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Cases |
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Vickery v. Ward |
2 Tex. 212, Supreme Court of Texas (January 01, 1847) |
1847 |
Appeal from Jackson County. The statutory mode provided by the act of February 5, 1840, for trying the right to property levied upon by execution, is more simple and less expensive than an ordinary suit brought by the claimant of the property against the plaintiff in execution; and an exception to such a suit would be well taken, and sustained by... |
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Cases |
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Villard v. Robert |
20 S.C.Eq. 393, Court of Appeals of Equity of South Carolina (December 01, 1847) |
1847 |
Two executors converted part of their testator's goods into money, and died; an administrator de bonis non of the testator was then appointed, with whom the personal representatives of the deceased executors accounted, and from whom they took a receipt and discharge in full, &c.-the Court allowed this to be a full and sufficient bar to an account... |
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Cases |
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Vitrac v. Rey |
2 La.Ann. 824, Supreme Court of Louisiana (September 01, 1847) |
1847 |
Appeal from the Court of Probates of Avoyelles, Baillio, J. |
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Cases |
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Walker v. Walker |
3 Kelly 302, Supreme Court of Georgia (August 01, 1847) |
1847 |
[1.] The answer of a defendant to a bill of discovery, must be full and perfect to all the material allegations in the bill. A general denial of the matters charged is not sufficient; there must be an answer to the sifting inquiries upon the general subject. And whenever there are particular and precise charges, they must be answered particularly... |
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Cases |
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Wall v. Williams |
11 Ala. 826, 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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Wallis v. Rhea |
12 Ala. 646, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Pickens. |
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Cases |
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Waring v. Clarke |
46 U.S. 441, Supreme Court of the United States (January 01, 1847) |
1847 |
The grant in the constitution, extending the judicial power to all cases of admiralty and maritime jurisdiction, is neither to be limited to, nor to be interpreted by, what were cases of admiralty jurisdiction in England when the constitution was adopted by the States of the Union. Admiralty jurisdiction in the courts of the United States is not... |
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Cases |
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Warner v. Everett |
7 B.Mon. 262, Court of Appeals of Kentucky (June 14, 1847) |
1847 |
Attachment in Chancery. Mortgages. Frauds. APPEAL FROM THE MONTGOMERY CIRCUIT. Case stated. IN the year 1841, Everett filed his bill in Chancery, and sued out an attachment thereon, against James Warner, alleging that the defendant was indebted to him by note, in several sums of money, and that he held on him two debts secured by mortgages, one of... |
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Cases |
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Washburn v. Dorsey |
8 Smedes & M. 214, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
After letters of administration have been revoked, the probate court has no longer authority or jurisdiction over the discharged administrator, and cannot therefore entertain a petition by him touching his administration account, to have additional items of credit allowed him therein; it is only while the relation of administrator exists that the... |
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Cases |
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Watson v. Bothwell |
11 Ala. 650, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Court of Chancery for the forty-first District. |
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Cases |
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Weaver v. Puryear |
11 Ala. 941, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the County Court of Dallas. |
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Cases |
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Webb v. Kemp |
2 La.Ann. 370, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the District Court of St. Helena, Jones, J. |
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Cases |
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Webb v. Union Bank |
2 La.Ann. 585, Supreme Court of Louisiana (May 01, 1847) |
1847 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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Weeks v. Weeks |
5 Ired.Eq. 111, Supreme Court of North Carolina (December 01, 1847) |
1847 |
The Act of the General Assembly, of 1827, relative to the construction of limitations over in will after a dying without issue &c. which was ratified on the 7th day of January, 1828, and directs that it shall not apply to wills made before the 15th day of January next, must be construed to speak from the first day of the... |
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Cases |
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West v. Stewart |
7 Pa. 122, Supreme Court of Pennsylvania (September 01, 1847) |
1847 |
Conveyance of a lot of land, together with the buildings, and covenant of warranty of the lot, and hereby granted premises with the appurtenances: the removal of a building by the tenant, under a prior agreement with the grantor, is a breach of the covenant of warranty. IN error from the Common Pleas of Fayette. Nov. 1. Covenant. The plaintiff... |
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Cases |
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Whatley v. Murrell |
32 S.C.L. 389, Court of Appeals of Law of South Carolina (May 01, 1847) |
1847 |
Special damages must be predicated upon the direct consequence of the illegal act, and flowing from it, and not upon any nnfortunate occurrence, or circumstance merely attending such act, but requiring additional agencies. Vide Greenleaf, 256; Smith, 132, and his collection of cases on this subject. Where damages have been recovered in an action of... |
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Cases |
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White v. Buck |
7 B.Mon. 546, Court of Appeals of Kentucky (September 23, 1847) |
1847 |
Case stated. THE plaintiff in error, as assignee of the following instrument of writing, brought an action of covenant thereon in his own name: I hold a certain note signed by Joseph M. Cheany and Joshua Corbin, for one thousand dollars, dated the 31st of December, 1841, and made payable the 25th November, 1843, drawn in favor of E. T. Mershon,... |
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Cases |
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White v. Molyneux |
2 Kelly 124, Supreme Court of Georgia (January 01, 1847) |
1847 |
[1.] A note given for rent of a store-house is described in the plaintiff's writ as given for rent, omitting the words of store-house. Held not to be a fatal variance under our statute. [2.] In case of express contracts to pay rent, the destruction of the premises by fire, or violence, or any casualty whatever, is not a good defence to an action to... |
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Cases |
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White v. Strother |
11 Ala. 720, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Greene. |
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Cases |
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Williams' Adm'r v. Perry |
33 S.C.L. 170, Court of Appeals of Law of South Carolina (December 01, 1847) |
1847 |
The Statute of Limitations may be objected to the defendant's discount, ore tenus, at the trial.-Vide Turnbull v. Strohecker, 4 McC. 411. |
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Cases |
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Williams v. Terrell |
26 Tenn. 551, Supreme Court of Tennessee (April 01, 1847) |
1847 |
This is an action of debt on a bond. The defendants pleaded a parol defeasance, which stipulated that, if certain property should not be recovered, the written obligatory declared on should be void. To this plea the plaintiff demurred. The court overruled the demurrer, and gave judgment for the defendants, from which judgment the plaintiff appealed... |
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Cases |
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