| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Coleman v. Davis |
21 S.C.Eq. 334, Court of Appeals of Equity of South Carolina (November 01, 1848) |
1848 |
Plaintiff, while an infant, executed a receipt as a discharge in full of a legacy, to which he was entitled in right of his wife, and when four years had elapsed after the attainment of his majority, filed his bill against the executors to have the receipt set aside, held that he was barred by the Statute of Limitations. When an act is performed by... |
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Cases |
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| Com. v. Foster |
5 Gratt. 695, General Court of Virginia (December 01, 1848) |
1848 |
The first question is to be answered in the negative; and the second in the affirmative. |
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Cases |
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| Com. v. Scott |
5 Gratt. 697, General Court of Virginia (December 01, 1848) |
1848 |
(Absent Field and Scott, J's.) 1. Quære, if a person who has been regularly summoned to shew cause why an information shall not be filed upon a presentment found against him by the grand jury, and fails to appear, can, after the information has been filed, move the Court to quash the presentment? 2. An information for retailing merchandize... |
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Cases |
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| Commissioners of New Town Cut v. Seabrook |
33 S.C.L. 560, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
The Act of 1825, which reduces the jurisdiction of Commissioners of Roads to twenty dollars, does not extend to Commissioners of Cuts, nor abridge the powers granted to them by the Act of 1788. By this Act, they have jurisdiction to an unlimited amount, to determine cases of default in the performance of public duty in relation to the Cuts, and to... |
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Cases |
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| Consolidated Ass'n v. Comeau |
3 La.Ann. 552, Supreme Court of Louisiana (August 01, 1848) |
1848 |
Appeal, by plaintiffs and defendants, from a judgment of the District Court of Lafayette, Overton, J. |
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Cases |
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| Coopwood v. Wallace |
12 Ala. 790, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Chancery Court of the 30th District, Northern Division. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Cowan v. Tucker |
8 Ired. 426, Supreme Court of North Carolina (August 01, 1848) |
1848 |
We think the act of 1806 does not alter the rule of evidence before applicable to such cases; and therefore, that the evidence here was properly rejected. In this very case it has heretofore been decided, that parol gifts are alone within the purview of the proviso to the act of 1806-5 Ired. 78. Therefore it was competent for the plaintiff to prove... |
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Cases |
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| Craft v. Jackson |
4 Ga. 360, Supreme Court of Georgia (March 01, 1848) |
1848 |
[1.] Where a party to a suit, seeks to introduce the testimony of witnesses on the trial, taken by interrogatories and commission, he must state the particular ground, in his application for a commission, on which he seeks to take the deposition of such witnesses, as declared by the Acts of the Legislature; and unless the witness whose testimony... |
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Cases |
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| Creagh v. Savage |
14 Ala. 454, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Clarke. Before the Hon. J. Bragg. |
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Cases |
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| Cregier v. Bunton |
33 S.C.L. 487, Court of Errors of South Carolina (May 01, 1848) |
1848 |
The Act of 1841, which gives to each party, in all cases in which a jury shall be empannelled, before they shall be charged with the trial of any issue, the right to challenge without cause shown, two of the jury so empannelled, is not a violation of the 6th section of the 9th article of the Constitution of this State. The trial by jury does not... |
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Cases |
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| Crisler v. Garland |
11 Smedes & M. 136, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Communications from clients to attorneys, are privileged on grounds of public policy, with a view to the safe and pure administration of justice. The protection is not qualified by any reference to proceedings, pending or in contemplation, and it extends to a conveyancer, who is consulted to draw deeds, whether he accept the employment or not. T.... |
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Cases |
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| Crouch v. Lockett et al. |
3 La.Ann. 121, 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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| Crutchfield v. Haynes |
14 Ala. 49, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Chancery Court of Benton. Before the Hon. W. W. Mason, Chancellor. |
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Cases |
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| Cullifer v. Gilliam |
9 Ired. 126, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The power of an arbitrator is derived, entirely, from the agreement of the parties, as expressed in the submission, and their award must be made in strict accordance with it, and must neither go beyond nor omit any thing embraced in it. Where the words of an arbitration are ambiguous, such a construction ought to be given to them, as will best... |
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Cases |
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| Cunningham v. Rogers |
14 Ala. 147, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the 16th Chancery District. Before the Hon. D. G. Ligon. |
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Cases |
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| Dameron v. Irwin |
8 Ired. 421, Supreme Court of North Carolina (August 01, 1848) |
1848 |
Where a plaintiff declares upon a specific covenant under seal, to do a work in a certain time, he cannot recover for the price stipulated in that contract, unless he shows he has performed his work within the time contracted for. Where it appears from the contract that it was made by public commissioners in behalf of the public, whether they were... |
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Cases |
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| Daniel v. Harley |
34 S.C.L. 231, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
The sheriff cannot be made liable on his contract of sale, without the proper entry in his sale-book, required by the sheriff's Act of 1839, or such a clear and explicit admission in writing as will stand in place of such entry. |
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Cases |
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| Daughtry v. Reddick |
5 Ired.Eq. 261, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The security decreed seems to have been under the circumstances, but a reasonable protection to the defendant. There must always be more or less uncertainty of the fact, when there is nothing else but the presumption of death from the absence of the supposed party deceased. That uncertainty is rendered greater here than it would usually be. The... |
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Cases |
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| Davidson v. Matthews |
3 La.Ann. 316, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of St. Helena, Penn, J. |
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Cases |
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| Davis v. Glenn |
3 La.Ann. 444, Supreme Court of Louisiana (May 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Davis v. Janin |
3 La.Ann. 712, Supreme Court of Louisiana (December 01, 1848) |
1848 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Davis v. Turner |
4 Gratt. 422, Supreme Court of Appeals of Virginia (January 01, 1848) |
1848 |
(Absent Daniel, J.) 1. The doctrine of fraud per se examined and repudiated. 2. The retaining possession of personal property by the vendor, after an absolute sale, is prima facie fraudulent; but the presumption may be rebutted by proof. In June 1836, Joseph Turner sued out an attachment against William P. Wyche as an absconding debtor, which was... |
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Cases |
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| Dawson v. Dawson |
21 S.C.Eq. 34, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
A will subsequently incorporated into a deed, remains a will, with all the functions of a will in relation to every species of property which, by its terms, it can carry, except that portion of property taken out of its operation by the deed; and as to all the property upon which it can act, it is subject to all the modifications of its provisions... |
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Cases |
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| De Blanc v. Dumartrait |
3 La.Ann. 542, Supreme Court of Louisiana (August 01, 1848) |
1848 |
Appeal from the District Court of St. Martin, Overton, J. |
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Cases |
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| Dean v. Governor |
13 Ala. 526, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Conecuh. Before the Hon. E. Pickens. |
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Cases |
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| Deboe v. Lowen |
8 B.Mon. 616, Court of Appeals of Kentucky (July 18, 1848) |
1848 |
THIS case grows out of the will of Francis Lowen, admitted to record in 1820. And the principal question is, whether under the devises presently to be stated, the devisees took estates for life, or fees defeasible on contingency, or whether by the terms of the devises, or by force of the statute converting estates tail into estates in fee simple,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Degraffenreid v. Thomas |
14 Ala. 681, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Benton. Before the Hon. G. W. Stone. |
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Cases |
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| Dement v. Boggess' Adm'rs |
13 Ala. 140, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Chancery Court of Madison county--22d District. Before the Hon. W. W. Mason, Chancellor. |
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Cases |
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| Dennis v. Heath |
11 Smedes & M. 206, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
It seems, that where a vendee has been put into possession under a deed, with warranty, of real estate, and has afterwards voluntarily surrendered his possession, and yielded his right without an effort to maintain it, to one claiming under a purchase at sheriff's sale, under a judgment against the vendor, older than the deed to the vendee, yet... |
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Cases |
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| Denniston v. Potts |
11 Smedes & M. 36, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Under the act of Congress of 1789, regulating the transfer of causes from the state to the United States Courts, no case can be transferred unless it be such that, as between all parties, the suit might have been brought in the latter courts. The circuit courts of the United States have not jurisdiction of a case, in which one of the parties... |
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Cases |
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| Dickson v. Miller |
11 Smedes & M. 594, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
The separate property of the wife, owned before marriage, may be subjected in equity to the payment of necessaries furnished to her while sole and a minor; notwithstanding a verdict, in an action at law against the husband and wife, for the same cause of action, rendered in favor of the defendants, on the husband's plea of bankruptcy. It seems that... |
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Cases |
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| Dillard v. Wright |
11 Smedes & M. 455, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Where a married woman, by bill in chancery, claims property which once belonged to her husband, and alleges that her children and friends advanced the money for her to purchase the same at sheriffs' sale against her husband, and she dies before the decision of the suit, and the bill is revived in her husband's name, as her administrator, the... |
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Cases |
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| Doe ex dem. Commyns v. Latimer |
2 Fla. 71, Supreme Court of Florida (January 01, 1848) |
1848 |
Where a concession of land in 1817 by the Spanish authorities of West Florida was made subject to the conditions prescribed in the regulations of 17th July, 1799--and the decree of concession concluded with an order that the land be surveyed and marked by the surveyor, to be submitted to the superior authority--costs to be... |
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Cases |
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| Doggett v. Hogan |
5 Ired.Eq. 340, Supreme Court of North Carolina (December 01, 1848) |
1848 |
After a bill has been depending for some time, testimony taken and the cause set for hearing and transferred to this Court, a petition will not be granted to a defendant to have the cause remanded, so as to bring before the Court grounds of defence, not properly or sufficiently set forth in the answer, and to take additional testimony; especially... |
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Cases |
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| Donnell v. Shields |
8 Ired. 371, Supreme Court of North Carolina (June 01, 1848) |
1848 |
Upon the direct authority of the cases of Gilliam v. Hicks, 4 Dev. Rep. 217, and Dunns, McIlvaine, and Brownley v. Jones, 4 Dev. and Bat. Rep. 154, and for the reasons therein given, which it is unnecessary for us to repeat, we are bound to allow the motion made by the plaintiffs' counsel, and to dismiss the defendants' appeal. It is true that the... |
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Cases |
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| Doty v. Mitchell |
9 Smedes & M. 435, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
It seems that a married woman as to her separate estate is a feme sole only so far as the instrument conferring the separate estate constitutes her such; and in the disposition of such estate the married woman is restricted to the particular mode pointed out by the instrument conferring that estate. It seems, therefore, to be immaterial what the... |
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Cases |
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| Dougherty v. Dougherty's Ex'rs |
21 S.C.Eq. 63, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
The words of a will, should my neice outlive my son, then all my property both real and personal to be given to her and her children, if she leaves any at her death,held to constitute a residuary disposition. Where there is a bequest of personalty to A. and her children, the general rule is that A. takes the absolute... |
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Cases |
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| Draughan v. Bunting |
9 Ired. 10, Supreme Court of North Carolina (December 01, 1848) |
1848 |
We concur with his Honor, that an action cannot be maintained upon the parol promise of indemnity. That is void by the Statute of Frauds. Underwood was under a legal liability to indemnify the plaintiff, as his surety, and the promise, superadded by the intestate, comes within the words and meaning of the Statute; it is a promise to answer for the... |
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Cases |
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| Drew v. Chambliss |
3 La.Ann. 246, 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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| Dubose v. Young |
14 Ala. 139, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Marengo. |
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Cases |
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| Dubroca v. Her Husband |
3 La.Ann. 331, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of West Baton Rouge, Burk, J. |
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Cases |
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| Duffy v. Calvert |
6 Gill 487, Court of Appeals of Maryland (December 01, 1848) |
1848 |
A controversy respecting the validity of the will of T. C., was adjusted by the heir-at-law, conveying by deed all her interest in the real estate of the testator to G. C. the executor and ulterior devisee under the will, in trust first to pay her the sum of $30,000, and after reimbursing himself the expenses incurred in contesting the will, then... |
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Cases |
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| Duffy v. Murrill |
9 Ired. 46, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The error, into which his Honor was betrayed, consisted in considering the proceedings as instituted under the Act of 1836, when, in truth, it is a proceeding at common law, in which no affidavit is required. The Act does not repeal the common law action, nor supersede it, but simply applies the remedy by replevin to cases, to which it did not... |
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Cases |
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| Duncan v. Armant |
3 La.Ann. 84, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Easly v. Dye |
14 Ala. 158, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Talladega. |
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Cases |
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| Ellis v. Abercrombie |
10 Smedes & M. 474, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
It is error to dismiss a trial of the right of property levied on under execution, where the bond has been regularly given, because no affidavit by the claimant of the property of the nature of his claim appears in the case; the statute requires an affidavit to be made, and does not allow the sheriff to take a bond for the trial of the right unless... |
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Cases |
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| English v. Savage |
14 Ala. 342, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Chancery Court of Clarke. Before the Hon. A. Crenshaw, Chancellor. |
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Cases |
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| Enicks v. Powell |
21 S.C.Eq. 196, Court of Appeals of Equity of South Carolina (May 01, 1848) |
1848 |
Where administration has been revoked, and the distinct office of administrator de bonis non conferred on the same person, the funds in his hands, as administrator, are transferred to his hands as administrator de bonis non-the sureties of the administration are fully discharged, and a corresponding liability substituted in the sureties of the... |
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Cases |
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| Erskine v. De La Baum |
3 Tex. 406, Supreme Court of Texas (December 01, 1848) |
1848 |
Appeal from Bexar County. The rule laid down in Hunter vs. Atkins, 3 Myline & Keen, 113, reviewed and adopted. Under the laws of the late republic of Texas, in force on the first day of June, 1844, an administrator could purchase from an heir of his intestate the interest of such heir in the lands belonging to the succession. [6 Tex. 174.] The... |
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Cases |
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| Evans v. Lea |
5 Ired.Eq. 169, Supreme Court of North Carolina (June 01, 1848) |
1848 |
The limitation, under which the plaintiffs claim, has been held to be good in a suit brought on a similar clause of the same will. Miles v. Allen, 6 Ired. 88. Swain v. Rascoe, 3 Ired. 200. The plaintiffs are therefore undoubtedly entitled to recover. In the first place, the defendant has not offered evidence of the adverse character of the... |
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Cases |
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