| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Bonnabel v. First Municipality |
3 La.Ann. 699, Supreme Court of Louisiana (December 01, 1848) |
1848 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Branch Bank at Mobile v. Darrington |
14 Ala. 192, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the County Court of Mobile. |
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Cases |
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| Branch Bank at Montgomery v. Curry |
13 Ala. 304, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Court of Chancery for the 40th District, Northern Division. Before the Hon. W. W. Mason, Chancellor. |
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Cases |
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| Branch Bank v. Broughton |
15 Ala. 127, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. |
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Cases |
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| Branch Bank v. Ford |
13 Ala. 431, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. |
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Cases |
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| Branch Bank v. Wade |
13 Ala. 427, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Benton. Before the Hon. G. W. Lane. |
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Cases |
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| Brewer v. Harris |
5 Gratt. 285, Supreme Court of Appeals of Virginia (October 01, 1848) |
1848 |
1. The word month in a statute is a calendar month. 2. The order of the County Court directs a bastard child to be bound out by the overseers of the poor. If one overseer of the poor of the county executes the indenture it is sufficient. 3. The master covenants with the overseers of the poor of the county without naming them, and the... |
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Cases |
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| Brewer v. Morgan |
13 Ala. 551, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Covington. Before the Hon. E. Pickens. |
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Cases |
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| Broward v. Doggett |
2 Fla. 49, Supreme Court of Florida (January 01, 1848) |
1848 |
In an action of assumpsit where no damages are stated in the declaration, the defect is cured by verdict and judgment, especially when sufficient damages are stated in the writ. Where, in an action by the executrix to recover for professional services rendered by her testator, as general attorney of an estate of which defendants were the r... |
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Cases |
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| Brown v. Brown |
13 Ala. 208, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Greene. Before the Hon. G. D. Shortridge. |
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Cases |
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| Brown v. Crawford |
28 Tenn. 164, Supreme Court of Tennessee (September 01, 1848) |
1848 |
Three questions are presented for consideration in this case. The first involves the construction of the last will of Robert Crawford, which was executed in 1794. By it he provides as follows: It is my will that my beloved wife, Isabella Crawford, shall have the whole of my possessions during her widowhood. Item--it is my will that my land I now... |
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Cases |
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| Brown v. Wright |
5 Ga. 29, Supreme Court of Georgia (July 01, 1848) |
1848 |
[1.] The returns of an executor, administrator or guardian to the Court of Ordinary, of their accounts, under the statute and allowed by that Court, are only prima facie evidence in favor of such executor, administrator or guardian, and may be impeached by evidence in another Court-the burden of proof being upon the party who seeks to impeach them.... |
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Cases |
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| Burdett v. Clay |
8 B.Mon. 287, Court of Appeals of Kentucky (January 28, 1848) |
1848 |
Mortgages. Liens. Assignment of mortgage debts. ERROR TO THE MADISON CIRCUIT. Case stated in the bill and amended bill. ON the 20th day of August, 1840, William Myers executed a mortgage, which was recorded on the day of its date, upon 500 acres of land, to Nelson Burdett, Wm. Hoskins, John Rout and Abram Smith, to secure the payment of several... |
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Cases |
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| Burnsides' Adm'r v. Wall |
9 B.Mon. 318, Court of Appeals of Kentucky (January 23, 1848) |
1848 |
Wills. Devises. Conversion. ERROR TO THE GARRARD CIRCUIT. To this Opinion a petition for re-hearing was filed and the Opinion suspended until July 2nd, 1849, when the suspension was removed. Case stated. BY his last will, executed in July, 1839, and admitted to record in the following December, Robert Burnsides, after directing the payment of his... |
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Cases |
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| Burton v. Chaney |
3 La.Ann. 338, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of East Feliciana, Boyle, J. |
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Cases |
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| Butler v. Foster |
14 Ala. 323, Supreme Court of Alabama (June 01, 1848) |
1848 |
The laws of this State do not permit the circuit judges to clothe the clerks of the circuit courts with authority to admit to bail, in vacation, those who may be imprisoned for alledged crimes; for a judicial officer cannot delegate to another the powers and authority by law intrusted to him. Although the circuit judge could himself have admitted... |
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Cases |
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| Butler v. Merchants' Ins. Co. |
14 Ala. 777, Supreme Court of Alabama (June 01, 1848) |
1848 |
Appeal from the Mobile Chancery District. Before the Hon. A. Crenshaw, Chancellor. |
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Cases |
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| Byrne v. Anderson |
10 Smedes & M. 81, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Where an execution is levied on property, subject to an older deed of trust, in favor of other parties, it seems doubtful whether the court of chancery has jurisdiction to interfere in behalf of the beneficiary under the deed of trust, by injunction against the sale under the execution. Yet where such injunction is granted in the court below, and... |
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Cases |
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| Caldwell v. Haley |
3 Tex. 317, Supreme Court of Texas (January 01, 1848) |
1848 |
Appeal from Houston County. It is essential, in our system of pleadings, to state the facts on which the party intends to rely as constituting his cause of action or ground of defense, with such circumstantial accuracy as to apprise the opposite party of what is intended to be proved at the trial. In our pleadings, the common counts of a... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Calhoun v. Calhoun |
21 S.C.Eq. 231, Court of Appeals of Equity of South Carolina (May 01, 1848) |
1848 |
The Court of Equity has no power either to make or confirm a sale of a married woman's separate estate, which by the deed creating it, is expressly prohibited from being sold. The Court will not sustain a sale of her separate property, made by a feme covert, although not restricted by the deed, unless it be her voluntary act, and for such necessary... |
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Cases |
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| Cameron v. Cameron |
10 Smedes & M. 394, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
A wife has not such an interest in the personal estate of her husband, as that an absolute and irrevocable, though merely voluntary deed thereof, executed by him to his children, even by a former marriage, can be considered a fraud on her rights; nor will it be set aside at her instance. Therefore, where C. executed a deed of trust on personal... |
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Cases |
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| Camp v. Moseley |
2 Fla. 171, Supreme Court of Florida (January 01, 1848) |
1848 |
The officer will be protected in the execution of process emanating from a court of general jurisdiction, provided that it appears on the face of the process that the court has jurisdiction of the subject matter. The officer in such case need not show that there is a judgment, but may justify under the writ alone. Where the subject matter of the... |
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Cases |
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| Campbell v. Brannin |
8 B.Mon. 478, Court of Appeals of Kentucky (July 06, 1848) |
1848 |
Case stated. THIS bill was filed by Brannin & Co. against Eliza T. Campbell and her husband and children, and H. Allen, the trustee of Mrs. Campbell and her children, to subject the trust estate to the payment of a store account of the complainants, for goods furnished to the cestui que trust, at the request of Mrs. Campbell, on the credit of the... |
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Cases |
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| Carlisle v. Holton |
3 La.Ann. 48, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Carpenter v. Dodge |
20 Vt. 595, Supreme Court of Vermont (October 01, 1848) |
1848 |
The oratrix is the wife of Jabez L. Carpenter and daughter of Ebenezer Dodge, defendants. She claims in the bill, that on the 11th of March, 1826, her father conveyed to her husband a farm in Marshfield, (Plainfield,) of the value of $1100; that one hundred dollars was paid down and six hundred dollars were to be paid in six equal annual... |
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Cases |
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| Carpenter v. Utz |
4 Gratt. 270, Supreme Court of Appeals of Virginia (January 01, 1848) |
1848 |
(Absent Cabell, P.) 1. Upon an appeal for error in excluding testimony, it is incumbent on the party seeking to reverse the judgment, to shew that error has been committed; and this must appear from a statement of the evidence offered and excluded; or if its relevancy depends upon other facts in the cause, the party alleging the error, should... |
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Cases |
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| Carrington v. Mannings' Heirs |
13 Ala. 611, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Chancery Court sitting at Huntsville. Before the Hon. D. G. Ligon, Chancellor. |
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Cases |
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| Carroll v. Hussey |
9 Ired. 89, Supreme Court of North Carolina (December 01, 1848) |
1848 |
In McLeod v. Oats, 8 Ire. 387, the case did not require the Court to go further than to say, that replevin would not lie against an officer for goods seised in the possession of the defendant in execution; and the decision was confined to that point. But the reasoning, on which the opinion was adopted, embraces the present case also, in which the... |
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Cases |
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| Cartwright v. McMillen |
3 La.Ann. 685, Supreme Court of Louisiana (December 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Casly v. Gilder |
13 Ala. 322, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Orphans' Court of Chambers. |
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Cases |
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| Cathey v. Cathey |
28 Tenn. 470, Supreme Court of Tennessee (December 01, 1848) |
1848 |
The complainant is the administrator of James Cathey with the will annexed, and the executor of H. B. Cathey's will. This bill is brought to obtain a construction of these wills, and to get directions from the chancery court as to the disposition of the property. In James Cathey's will is the following clause: I give and bequeath to my beloved... |
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Cases |
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| Chaplin v. Jenkins' Ex'rs |
21 S.C.Eq. 96, Court of Appeals of Equity of South Carolina (April 01, 1848) |
1848 |
Where the litigation was for the adjustment of the claims of different legatees, and there was no default on the part of the executors, the decree adjusting these claims, but making no order in relation to costs, is not final in fixing the executors with the costs; they may be afterwards adjusted under an order of the Court on a rule taken for that... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Chapman v. Hughes |
14 Ala. 218, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Chancery Court of Shelby. Before the Hon. W. W. Mason. |
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Cases |
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| Chenault v. Walker |
14 Ala. 151, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of St. Clair. Before the Hon. G. D. Shortridge. |
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Cases |
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| Childress v. Ford |
10 Smedes & M. 25, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
All the instructions given by the circuit court on the trial of a cause must be construed together; and if, when taken altogether, the law be correctly given, the judgment will not be reversed because a single instruction taken by itself, would be too broad in its terms. Therefore, where in a trial of right of property involving the question... |
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Cases |
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| Childress v. Fowler |
9 Ark. 159, Supreme Court of Arkansas (July 01, 1848) |
1848 |
In a suit by attachment, the defendant, by executing bond as required by statute in order to retain possession of the property attached, does not preclude himself from interposing pleas in abatemcnt. Executing such bond is analogous to giving bail in an ordinary suit, after which the defendant may plead matter in abatement. Scott, J., reviews the... |
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Cases |
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| Chinn v. Murray |
4 Gratt. 348, Supreme Court of Appeals of Virginia (January 01, 1848) |
1848 |
1. In a suit for partition of an intestate's estate, a decree is made in 1819, and the commissioners make the division, and return their report to Court in 1820; to which report exceptions are filed by two of the heirs. No further proceedings, however, are had in the case for many years, and the parties take possession of the land according to the... |
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Cases |
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| Chouteau v. Sherman |
11 Mo. 385, Supreme Court of Missouri (March 01, 1848) |
1848 |
1. The court erred in refusing to instruct the jury that Sherman's false representations to his creditors, on the eve of his failure, were circumstances from which the jury might infer a fraudulent intent, unless rebutted. 2. The instruction given at the instance of defendant was erroneous and calculated to mislead the jury. Brooks v. Mayberry, 11... |
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Cases |
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| City Council of Charleston v. Benjamin |
33 S.C.L. 508, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
An Ordinance of the City Council of Charleston, making it penal for any person publicly to expose to sale, or sell in any shop, &c. any goods, &c. upon the Lord's day, commonly called Sunday, is not a violation of the 1st Section of the 8th Article of the Constitution of this State. |
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Cases |
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| City of Lafayette v. Cummins |
3 La.Ann. 673, Supreme Court of Louisiana (December 01, 1848) |
1848 |
Appeal from the District Court of Jefferson, Clarke, J. |
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Cases |
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| Clark v. State Bank of Alabama |
3 La.Ann. 325, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of Carroll, Copley, J. |
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Cases |
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| Clarke v. Windham |
12 Ala. 798, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Pickens. |
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Cases |
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| Clellans v. Com. |
8 Pa. 223, Supreme Court of Pennsylvania (May 01, 1848) |
1848 |
The plaintiffs in error were indicted and convicted of a riot. The first count in the indictment is in the usual form. In the second, the riot was laid in rescuing certain fugitives from labour, from the state of Maryland, from their masters. There is no doubt but it was an aggravated case of riot. On being found guilty, they were sentenced to pay... |
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Cases |
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| Clement v. Reid |
9 Smedes & M. 535, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
It seems that mere inadequacy of price is not of itself sufficient ground for the rescission of a sheriff's sale; yet it affords good grounds to refuse to aid the purchaser when coming into equity. R. bought some land at sheriff's sale in August, 1839, under execution against F., part of which land F. had, previous to the judgment under which R.... |
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Cases |
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| Cochran v. Roundtree |
34 S.C.L. 217, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
If the sheriff make an unconditional delivery of a chattel, sold at sheriff's sale, the sale is thereby made complete, and the sheriff cannot afterwards reseize and resell because the price has not been paid. Before the Act of 1843, concerning mortgages and verbal agreements, (whereby the vendor of a chattel, who has parted with the possession,... |
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Cases |
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| Cocke v. Campbell |
13 Ala. 286, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Perry. Before the Hon. G. Goldthwaite. |
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Cases |
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| Coffee v. Planters' Bank |
11 Smedes & M. 458, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Where a forthcoming bond is given by one of several defendants, the others who do not join in the bond are, upon its forfeiture, discharged from the original judgment; and a subsequent quashal of the bond, after its return term, being void, does not revive the original judgment against those defendants who did not join in the bond; as to them, the... |
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Cases |
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| Cohen v. Robert |
33 S.C.L. 410, Court of Appeals of Law of South Carolina (February 01, 1848) |
1848 |
Where the plaintiff produced in evidence the affidavit of the defendant, to prove, by the defendant's admission, the trespass complained of, he thereby also made evidence the defendant's declarations, in the same affidavit, of the circumstances which incited him to the violence he committed. Any improper interference with the jurors, will afford... |
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Cases |
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| Coiron v. Millaudon |
3 La.Ann. 664, Supreme Court of Louisiana (November 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Coleman v. Bank of Hamburg |
21 S.C.Eq. 285, Court of Appeals of Equity of South Carolina (November 01, 1848) |
1848 |
Where unfair means have not been employed to prevent competition at Sheriff's sales, inadequacy of price, however great, is no ground for setting them aside. |
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Cases |
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