| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| McCurry v. Hooper |
12 Ala. 823, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Talladega. |
|
Cases |
|
| McDaniel v. Stoker |
5 Ired.Eq. 274, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The question is, whether the motion to discharge the sequestration ought to have been allowed. We think it ought not, and that there is error in the interlocutory order, appealed from. The plaintiffs claim to be entitled to an account, and to a portion of the property, as a part of the next of kin of Eliza Coleman, alleging, that it was bequeathed... |
|
Cases |
|
| McDermott v. Doyle |
11 Mo. 443, Supreme Court of Missouri (March 01, 1848) |
1848 |
1. The record in this case shows that the plaintiff below proceeded to the trial before there was any issue to be tried. There were several affirmative pleas to each count unanswered when the jury was sworn--the jury was discharged and the case submitted to the court, there still being no replications, when, as the record has it, came the... |
|
Cases |
|
| McDowell v. Read |
3 La.Ann. 391, Supreme Court of Louisiana (April 01, 1848) |
1848 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
|
Cases |
|
| McElhenny v. Wylie |
34 S.C.L. 284, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
One who officiously accompanied the deputy sheriff, to aid in executing a fi. fa. unnecessarily at a late hour of the night; and who, against the will of the party rightfully in possession of the property, entered his house without the command of the deputy, aroused, alarmed, and insulted his family, and forcibly took the property therefrom, held... |
|
Cases |
|
| McFeely v. Gadsden |
21 S.C.Eq. 69, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
Where testator left property to his three children, a daughter and two sons, to be kept together, undivided, under the sole supervision of his executors, for the purpose of educating them, until they should either marry, or attain the age of twenty-one years; upon a bill being filed by the daughter (who had married,) and her husband, the Court... |
|
Cases |
|
| McGary v. Lamb |
3 Tex. 342, Supreme Court of Texas (December 01, 1848) |
1848 |
This case arose on a settlement of accounts between the plaintiff and his ward, S. A. Lamb, in the probate court of Walker. On the rejection of a part of the plaintiff's account by that court, an appeal was taken to the district court, where, after an issue had been tried and found against the account, and judgment rendered by the district court... |
|
Cases |
|
| McGinnis v. State |
28 Tenn. 43, Supreme Court of Tennessee (September 01, 1848) |
1848 |
The plaintiff in error was indicted, tried, and convicted at the April term, 1848, of the circuit court of Grainger county, of an assault and battery upon one John Dalton. Upon being arraigned the defendant, in the court below, pleaded in bar to the indictment a former trial and conviction for the same offence, before Henry Williams, a justice of... |
|
Cases |
|
| McGregor v. Toomer |
21 S.C.Eq. 51, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
Testator, in case he should have no other children, devised and bequeathed all his estate, both real and personal, to his daughter, during her life, and at her death to be equally divided among her children, share and share alike; held, that upon the death of testator without leaving other children, the children of his daughter took a vested... |
|
Cases |
|
| McGuire v. Evans |
5 Ired.Eq. 269, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The first question, that presents itself, is as to the nature of the bequests of the Bank Stock; are they general or specific? Mr. Roper defines a general legacy to be a testamentary gift of personal estate generally; and a specific legacy to be a bequest of particular things, distinguished from all others of the same kind. In the will of Mr.... |
|
Cases |
|
| McKee v. McKee's Ex'rs |
8 B.Mon. 461, Court of Appeals of Kentucky (June 30, 1848) |
1848 |
Administrators. Husband and wife. Executors. ERROR TO THE LINCOLN CIRCUIT. The claims in the bill. IN 1834, the executors of Samuel McKee filed a bill alleging that they had been compelled to pay a fee of one hundred and fifty dollars, due to Solomon P. Sharp, for services rendered by him as an attorney at law, for the benefit of the estate of... |
|
Cases |
|
| McLaurin v. McColl |
34 S.C.L. 21, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
The corn and fodder, the product of the intestate's farm, a tract of land which he had, by deed, conveyed to his son, the defendant, in 1837, but of which he retained possession to his death, in August, 1845were held to be unquestionably his goods and chattels, to which the plaintiff, as his administrator, was entitled. The emblements... |
|
Cases |
|
| McLean v. Hosea |
14 Ala. 194, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Orphans' Court of Wilcox. |
|
Cases |
|
| McLeod v. Oates |
8 Ired. 387, Supreme Court of North Carolina (June 01, 1848) |
1848 |
Upon the question of fraud we think it only necessary to remark, that it seems singular, that it should have been left to the jury, without laying the proper stress on the long continued possession of the father after making the deed, as a circumstance tending to show that the conveyance was upon a secret trust for the father, and especially as... |
|
Cases |
|
| Meek v. Howard |
10 Smedes & M. 502, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Where a judgment at law has been obtained against a person, he cannot obtain relief in equity against the same, on the mere allegation that the grounds of his defence were not known to him at the time of the trial at law, admitting that defence to have been a good one; he must also show that he used at least ordinary diligence to discover them, or... |
|
Cases |
|
| Miller v. Cotten |
5 Ga. 341, Supreme Court of Georgia (August 01, 1848) |
1848 |
[1.] Though a trust in land need not be created in writing, yet, to take the case out of the Statute of Frauds, it must be proved by writing, and parol testimony is inadmissible for that purpose. [2.] Whenever a case of fraud is made by the bill, parol evidence will be admitted for the purpose of establishing that case But the facts upon which... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Miller v. Jeffress |
4 Gratt. 472, Supreme Court of Appeals of Virginia (January 01, 1848) |
1848 |
(Absent Cabell, P.) 1. A delivery is indispensable to the validity of a donatio mortis causa. It must be an actual delivery of the thing itself, or of the means of getting the possession and enjoyment of the thing; or if the thing be in action, of the instrument by using which the chose is to be reduced into possession. 2. It is not the possession... |
|
Cases |
|
| Mims v. McDowell |
4 Ga. 182, Supreme Court of Georgia (February 01, 1848) |
1848 |
[1.] A promissory note given in payment of a pre-existing debt, will operate as payment, when it is the express understanding of the parties it shall be received as such. [2.] Where the security to a promissory note was indemnified by a mortgage executed by his principal, and after the note became due, the security voluntarily gave his own note to... |
|
Cases |
|
| Mitchell v. Cotten |
2 Fla. 136, Supreme Court of Florida (January 01, 1848) |
1848 |
Where plaintiff's demurrer to defendants plea was overruled, and the judgment was respondeat ouster and the plaintiff afterwards filed a replication to the plea, the demurrer is waived thereby, and the plaintiff cannot assign for error that the court erred in overruling the demurrer. In an action by the payee against a security on the note, the... |
|
Cases |
|
| Mitchell v. Walker |
8 Ired. 243, Supreme Court of North Carolina (June 01, 1848) |
1848 |
The action of assumpsit is a liberal action, and where, by the obligations of justice and equity, the defendant ought to refund money paid to him, the action will be sustained; but where he may, with a good conscience, receive the money, and there was no fraud or unfair practice used in obtaining it, though it was money he could not have recovered... |
|
Cases |
|
| Mock v. King |
15 Ala. 66, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the County Court of Lowndes. Before Hon. E. H. Cooke, County Judge. |
|
Cases |
|
| Montandon v. Deas |
14 Ala. 33, Supreme Court of Alabama (January 01, 1848) |
1848 |
Appeal from the first Chancery District. Before Hon. A. Crenshaw. |
|
Cases |
|
| Montgomery v. Agricultural Bank |
10 Smedes & M. 566, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Doty v. Mitchell, 9 S. & M. 435; cited and confirmed. A married woman cannot part with her separate property in any other mode than in that which is pointed out by the deed of settlement; if that prescribe a different mode from the one established by the statute for the transfer of her estate, the mode designated in the deed of settlement must be... |
|
Cases |
|
| Moore v. Hampton |
3 La.Ann. 192, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
|
Cases |
|
| Morris' Adm'r v. Morris' Adm'r |
4 Gratt. 293, Supreme Court of Appeals of Virginia (January 01, 1848) |
1848 |
(Absent Baldwin, J.) 1. QUÆRE. If a joint or partnership creditor is entitled to share in the separate estate of his debtor, with the separate creditors of such debtor? 2. If a partnership creditor is not entitled to share the separate estate of his debtor with the separate creditors, yet the debtor partner having, by his will, subjected his... |
|
Cases |
|
| Morrison v. Judge |
14 Ala. 182, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. |
|
Cases |
|
| Morton v. Packwood |
3 La.Ann. 167, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. The facts of this case are stated at length in the opinion of the court infrâ. |
|
Cases |
|
| Mosely v. Wilkinson |
14 Ala. 812, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the County Court of Montgomery. |
|
Cases |
|
| Munroe v. Stutts |
9 Ired. 49, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The evidence set forth in the exception, and the questions made upon it, related altogether to the plea of payment, and it is to be regretted, that the form of the verdict does not allow a decision to be made exclusively on those questions, as the Court is of opinion, that the decision in the Superior Court was erroneous. Upon the objection to the... |
|
Cases |
|
| Murrel v. Murrel |
21 S.C.Eq. 148, Court of Appeals of Equity of South Carolina (May 01, 1848) |
1848 |
Lands conveyed by a father to his eldest sons, not to advance them, but declared by him to be, as in fact they were, in remuneration for their faithful and valuable services to him, were held not to be advancements, in the sense in which the statute uses the word. Though a parent is entitled to the services of his children, while under age, he may... |
|
Cases |
|
| Nabors v. Camp |
14 Ala. 460, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. |
|
Cases |
|
| Nagle v. City Council of Augusta |
5 Ga. 546, Supreme Court of Georgia (November 01, 1848) |
1848 |
[1.] Where, by the charter of the city of Augusta, the City Council were vested with full power to make and establish such by-laws, rules and ordinances, respecting streets, wagons, &c. that should appear to them requisite and necessary for the security, welfare and convenience of the said city, not repugnant to the constitution or laws of the... |
|
Cases |
|
| Neal v. Hope |
4 Ga. 161, Supreme Court of Georgia (February 01, 1848) |
1848 |
[1.] The 4th Section of the Act of 1827, providing for the recording of deeds and mortgages, and defining the lien of the same, declares, that upon failure to record any mortgage, as hereinbefore required, within the time or times hereinbefore specified, for recording the same, that then, and in such case, all judgments obtained before the... |
|
Cases |
|
| Neely v. Anderson |
21 S.C.Eq. 262, Court of Appeals of Equity of South Carolina (November 01, 1848) |
1848 |
The general rule in this Court, as to parties, is that all persons interested in the subject matter of the litigation, should be made parties, either complainant or defendant. The proper way to take advantage of the want of proper parties to a bill, is by demurrer, if the omission appears on the face of the pleadings, and by a plea, if it does not... |
|
Cases |
|
| Nelson v. Dunn |
13 Ala. 259, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Sumter. Before the Hon. S. Chapman. |
|
Cases |
|
| Nisbet v. Walker |
4 Ga. 221, Supreme Court of Georgia (February 01, 1848) |
1848 |
1st. That a Court of Equity will lend its aid in favor of a defendant against whom a judgment has been rendered on a usurious contract, provided defendant had no notice of the usury pending the action. But on the following terms, viz: That he pays the principal, with legal interest. Lansing vs. Edy, 1 Johns. Ch. R. 47, 50. Rogers vs. Rathbun, ibid,... |
|
Cases |
|
| Oates v. Caffin |
3 La.Ann. 339, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
|
Cases |
|
| Ober v. Howard |
11 Mo. 425, Supreme Court of Missouri (March 01, 1848) |
1848 |
1st. The deed of trust to Adams & Co., is void in fact ab initio. First, because made in fraud of creditors. Second, because the possession did not pass with the conveyance, but vendor retains possession during life, unopposed by vendees, claiming as his own, paying taxes, and expending large sums in building upon the lot, after the date of the... |
|
Cases |
|
| Oglesby v. Drake |
3 La.Ann. 640, Supreme Court of Louisiana (October 01, 1848) |
1848 |
Appeal from the District Court of Bossier, Olcott, J. |
|
Cases |
|
| Orr v. Thomas |
3 La.Ann. 582, Supreme Court of Louisiana (September 01, 1848) |
1848 |
Appeal from the Court of Probates of Avoyelles, Baillio, J. |
|
Cases |
|
| Osborne v. Van Horn |
2 Fla. 360, Supreme Court of Florida (January 01, 1848) |
1848 |
It may be regarded, as established by the English and American decisions, that a mother is entitled to an allowance for the maintenance of her children out of their fortunes, especially where her own fortune is inadequate. In gneral this allowance is to be confined to the annual income, and should not extend beyond it; but where the property is... |
|
Cases |
|
| Otts v. Alderson |
10 Smedes & M. 476, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
In the purchase of personal property, the general rule is that the purchaser buys at his own peril; caveat emptor; unless the seller either give an express warranty; or the law imply one from the circumstances of the case, or nature of the thing sold; or unless the seller be guilty of a fraudulent representation or concealment in respect to a... |
|
Cases |
|
| Palmer v. Moore |
3 La.Ann. 208, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
|
Cases |
|
| Parker v. Pringle |
33 S.C.L. 242, Court of Appeals of Law of South Carolina (February 01, 1848) |
1848 |
In this State, an action may be brought for a breach of the warranty, without a tender or return of the article purchased; and the same rule applies when the breach of warranty is made a defence under our discount law. A set off or discount is a cross action, and a purchaser is entitled to have an abatement of the price, on account of the... |
|
Cases |
|
| Patterson v. Gaines |
47 U.S. 550, Supreme Court of the United States (January 01, 1848) |
1848 |
THIS was an appeal from the Circuit Court of the United States for East Louisiana. It was a branch of the case of Gaines and Wife v. Chew and others, which is reported in 2 Howard, 619. In the history of that case it is said (2 Howard, 627), that in 1836, Myra (then Myra Whitney, and now Myra Gaines) filed a joint bill with her husband, in the... |
|
Cases |
|
| Payne v. Green |
10 Smedes & M. 507, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
In an action of trespass, the defendants asked the court to instruct the jury that if they believed that the defendants acted by summons of an officer to assist him in executing legal process, and did not exceed their authority in their acts, they should find for the defendants; held, that the instruction was legal and proper and ought to have been... |
|
Cases |
|
| People ex rel. Dubois v. Ulster County Sup'rs |
3 Barb. 332, Supreme Court, General Term, New York (July 01, 1848) |
1848 |
In May, 1846, the commissioner of highways of the first class of the town of New Paltz, in the county of Ulster, together with two assessors of the same town, proceeded, under the 5th section of the act entitled an act to reduce the number of town officers, &c. passed May 10th, 1845, to assess the damages the relator had sustained by reason of... |
|
Cases |
|
| People ex rel. Dubois v. Ulster County Sup'rs |
3 Barb. 332 (July 01, 1848) |
1848 |
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... |
|
Trial Court Orders |
|
| People v. Shorter |
4 Barb. 460, Supreme Court, General Term, New York (November 01, 1848) |
1848 |
The prisoner was tried upon an indictment for the murder of Stephen C. Brush, and convicted. His counsel took an exception to the refusal of the judge to charge as requested--and also to a part of the charge as made. The case is brought before us by certiorari. The judge charged the jury fully upon the law of murder; and to this part of the charge... |
|
Cases |
|
| People v. Shorter |
4 Barb. 460 (November 01, 1848) |
1848 |
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... |
|
Trial Court Orders |
|