Title | Citation | Year | Summary | Most Relevant | Type | Status |
Perkins v. Reed |
14 Ala. 536, Supreme Court of Alabama (June 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. |
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Cases |
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Peterson v. Burn |
3 La.Ann. 655, 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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Petrie v. Wofford |
3 La.Ann. 562, Supreme Court of Louisiana (August 01, 1848) |
1848 |
Appeal from the District Court of St. Mary, Overton, J. |
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Cases |
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Peyton v. Minor |
11 Smedes & M. 148, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
The acknowledgment of his debt, or a promise to pay it, by the maker of a promissory note, if made within six years from the maturity of the note, will be sufficient to take the case out of the statute of limitations; and it seems, in order to have that effect, the promise or acknowledgment must be made within that time. The leading objects of the... |
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Cases |
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Philips v. Williams |
5 Gratt. 259, Supreme Court of Appeals of Virginia (October 01, 1848) |
1848 |
1. Interest will not be allowed on the arrears of an annuity, which was to be paid in agricultural products at a particular place, the value of which was to be ascertained by testimony; and in the absence of any proof of a demand, at the place where it was to be paid, or of an agreement to dispense with such demand, and to convert the same into... |
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Cases |
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Phillips v. McGrew |
13 Ala. 255, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the County Court of Sumter. Before his honor G. B. Frierson. |
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Cases |
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Pickett v. Banks |
11 Smedes & M. 445, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Under the statute of 1822, (How. & Hutch. 344, sec. 34,) requiring deeds affecting the title to personalty to be recorded in the county where the property remains, and declaring them void as to purchasers without notice, and all creditors, when the property conveyed in them is removed to a different county, and the deeds are not recorded there... |
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Cases |
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Planters' Bank v. Black |
11 Smedes & M. 43, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Under the act of the legislature, approved 24th of February 1844, the thirteenth section of which enacts, that no judgment heretofore rendered, shall operate as a lien on the property of the defendant or defendants, for a longer time than two years from the passage of the act, all judgments rendered prior to that period will, at the expiration of... |
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Cases |
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Plummer v. Brandon |
5 Ired.Eq. 190, Supreme Court of North Carolina (June 01, 1848) |
1848 |
The first exception is that there was no legal evidence that Dr. Scott had removed to Tennessee. The master has made no specific report upon this enquiry, and, if he intended so to do, it is to be gathered from the report on the subject of the administration granted in Tennessee. If his intention was so to report, on that point, the exception is... |
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Cases |
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Ponder v. Moseley |
2 Fla. 207, Supreme Court of Florida (January 01, 1848) |
1848 |
To authorize the assertion that a judgment is void it must have emanated from a court of limited jurisdiction not acting within its legitimate prerogative or from a court of general jurisdiction where the parties are not actually or by legal construction before the court and subject to its jurisdiction. Judgments of court of general jurisdiction... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Pool v. Williams |
8 Ired. 286, Supreme Court of North Carolina (June 01, 1848) |
1848 |
The case of Fagan v. Jacocks, 4 Dev. 263, and the recent one of Hall v. Robinson, 8 Ired. 56, establish, that there is no difference between the law and equity applicable to the rights and liabilities of co-sureties, as they are involved in this suit. The jurisdiction is made concurent for the sake of the remedy merely, and not to change the rules... |
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Cases |
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Pope v. Randolph |
13 Ala. 214, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to Perry County Court. |
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Cases |
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Powell v. Wragg |
13 Ala. 161, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Tallapoosa. Before the Hon. S. Chapman. |
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Cases |
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Pritchard v. Myers |
11 Smedes & M. 169, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
In a trial of right of property levied on under execution, in which the claimant asserted title to the property by virtue of a purchase under a judgment of the same date, and against the same defendant, with that of the plaintiff in execution, except that in the case in which the claimant claimed, a forthcoming bond had been given and forfeited; it... |
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Cases |
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Pulliam v. Byrd |
21 S.C.Eq. 134, Court of Appeals of Equity of South Carolina (May 01, 1848) |
1848 |
Testator, by his will, left to his wife a life estate in his whole property, with power to dispose of one-half at her death; and she died without having made any appointment under the power; held, that at her death, the whole property, as intestate, became distributable, one moiety to the next of kin of the testator, and the other moiety to the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Puryear v. Beard |
14 Ala. 121, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Conecuh. |
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Cases |
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Putnam v. Davidson |
3 La.Ann. 266, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of Livingston, Penn, J. |
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Cases |
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Raby v. Ellison |
5 Ired.Eq. 265, Supreme Court of North Carolina (December 01, 1848) |
1848 |
In answer to the objection, that an administrator de bonis non is a necessary party, it was contended by the plaintiff's counsel that, as Cherry had paid off all the debts, assented to the legacies, paid off all the legacies, except the legacy due to the plaintiff, and delivered over to the widow certain property as the residue, his duties as... |
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Cases |
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Rankin v. Rankin |
9 Ired. 156, Supreme Court of North Carolina (December 01, 1848) |
1848 |
Nuncupative wills were found to give rise to so many frauds and perjuries, that it was necessary to guard them by many requisites in respect to their execution and their probate. Cole v. Woodnunt, 4 Ves. 196, note, 2 Bl. Com. 501. To render the protection safe against those evils, the Court ought faithfully to observe every one of the provisions of... |
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Cases |
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Reed v. Perkins |
14 Ala. 231, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Barbour. Before the Hon. Geo. Goldthwaite. |
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Cases |
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Reed v. Smith |
14 Ala. 380, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. |
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Cases |
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Reidhar v. Berger |
8 B.Mon. 160, Court of Appeals of Kentucky (January 06, 1848) |
1848 |
Attachment Bond. Damages. ERROR TO THE JEFFERSON CIRCUIT. Case stated. REIDHAR & MILLET sued out an attachment in Chancery against Berger, which was levied upon a lot of merchandise, estimated to be of the value of four hundred and fifty dollars. Upon final hearing, their bill was dismissed and attachment discharged, and the goods restored to... |
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Cases |
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Rembert v. Brown |
14 Ala. 360, Supreme Court of Alabama (June 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. |
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Cases |
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Richards v. Swan |
7 Gill 366, Court of Appeals of Maryland (December 01, 1848) |
1848 |
A duly authenticated copy of a guardian's account, passed by the orphans court, is prima facie evidence to prove, that at the date of such account, the wards, in whose favor it was stated, were minors, and that the accountant was their guardian, and as such, owed them the amount therein stated to be due them. A guardian passed his account in the... |
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Cases |
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Richardson v. Wells |
3 Tex. 223, Supreme Court of Texas (December 01, 1848) |
1848 |
The appellants contend that the court erred, 1st. In disposing of the case against their consent during the pendency of a rule for security for costs; and 2d. In sustaining defendant's plea to the jurisdiction, and dismissing the suit. The first ground of alleged error is altogether untenable, unless the giving security for costs be regarded as a... |
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Cases |
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Ricks v. Goodrich |
3 La.Ann. 212, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Carroll, Copley, J. |
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Cases |
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Robards v. McLean |
8 Ired. 522, Supreme Court of North Carolina (August 01, 1848) |
1848 |
The whole case turns upon the admissibility of the parol evidence to prove the contents of the pass or permit. We see no ground to complain of the judgment. Before us it has been urged, that the notice to the plaintiff could not authorise the parol evidence of the contents of the alleged pass, because the case showed it was not in his possession.... |
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Cases |
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Roberts v. Trawick |
13 Ala. 68, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Orphans' Court of Tuscaloosa county. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Robinson & Caldwell v. Simpson |
34 S.C.L. 161, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
In the absence of any proof to the contrary, the affidavit of a prisoner, confined under civil process, confirmed by that of the jailor, is sufficient evidence of his want of any lands, goods, &c. whereby his maintenance in jail can be defrayed; and the tender of an assignment of all his estate, (though a jury had found... |
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Cases |
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Robinson's Ex'rs v. Day |
5 Gratt. 55, Supreme Court of Appeals of Virginia (April 01, 1848) |
1848 |
1st. That a Court of Equity had no jurisdiction of the case: And he referred to Park's adm'r, &c. v. Rucker, 5 Leigh 149; Hardin v. Hardin's ex'or, 2 Leigh 572; Armstrong v. Huntons, 1 Rob. R. 323; Sheppards v. Turpin, 3 Gratt. 373. 2d. That the Court had no authority to hear the cause at the intermediate term, the bill having been then amended to... |
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Cases |
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Rubey v. Barnett |
12 Mo. 3, Supreme Court of Missouri (July 01, 1848) |
1848 |
1st. There is no misjoinder of action in this case, because the will affects alike all the property, real and personal. Story's Eq. Pl. 224, 232.2nd. There is no misjoinder of parties. The complainants claim a joint undivided interest in the whole subject matter of the suit, as well in the land as in the personalty, and they claim all under the... |
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Cases |
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Russell v. Irby |
13 Ala. 131, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Sumter. Before the Hon. G. W. Stone. |
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Cases |
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Sadler v. Bean |
9 Ark. 202, Supreme Court of Arkansas (July 01, 1848) |
1848 |
Marriage suspends the legal existence of the wife during coverture, and vests her personal estate in her husband. Her future acquisitions of pursonalty vest in him also unless settled upon her to her sole and separate use by apt words excluding the marital rights of the husband: and this, whether the property be conveyed directly to her, or to a... |
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Cases |
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Sadler v. Wilson |
5 Ired.Eq. 296, Supreme Court of North Carolina (December 01, 1848) |
1848 |
There is no ground for rescinding the contract in respect to the whole of the tract of 291 acres, or for any greater relief than the order gives the plaintiff. The will gives no estate to the issue of the testator's children; but it makes the fee of each defeasible upon his or her death before having a child, and in that event, makes a limitation... |
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Cases |
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Sanders v. Rollinson |
33 S.C.L. 447, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
Where, to sustain an action of slander, the proof sought to be made was, that the slander was uttered and published by an affidavit, made by the defendant before a Magistrate, imputiug to the plaintiff the offence of hog stealing, and the only evidence of the existence of the affidavit, was an imperfect memorandum of it in the hand writing of the... |
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Cases |
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Sanders v. Watson |
14 Ala. 198, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Chancery Court of Perry. Before the Hon. D. G. Ligon. |
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Cases |
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Savery v. Spence |
13 Ala. 561, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Court of Chancery of Talladega. Before the Hon. W. W. Mason, Chancellor. |
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Cases |
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Schroeppel v. Corning |
5 Denio 236, Supreme Court, New York County, New York (January 01, 1848) |
1848 |
Without looking at the cloud of points made in this case, there is one objection which seems to me entirely fatal to the action. The usurious contract, if such was the true character of the agreement between these parties, was made on or shortly previous to July 10, 1837. By that agreement the defendant, among other things, was to advance to the... |
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Cases |
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Schroeppel v. Corning |
5 Denio 236 (January 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... |
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Trial Court Orders |
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Scott v. Abercrombie |
14 Ala. 270, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Court of Chancery for Macon. Hon. W. W. Mason, Chancellor. |
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Cases |
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Scott v. Baber |
13 Ala. 182, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error from the Circuit Court of Chambers. Before the Hon. Geo. Goldthwaite. |
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Cases |
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Scott v. Bowles |
3 La.Ann. 637, Supreme Court of Louisiana (October 01, 1848) |
1848 |
Appeal from the District Court of Bossier, Olcott, J. |
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Cases |
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Scott v. Dansby |
12 Ala. 714, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Chancery Court of Greene. |
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Cases |
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Selby v. Gibson |
3 La.Ann. 209, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Carroll, Copley, J. |
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Cases |
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Shelton v. Tiffin |
47 U.S. 163, 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, sitting as a court of equity. On the 1st of August, 1837, Clayton Tiffin and Lilburn P. Perry received a deed for a tract of land on the western bank of the Mississippi River, about five miles above the town of Vicksburg, and containing six hundred and forty-four... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Shepherd v. Newkirk |
21 N.J.L. 302, Supreme Court of Judicature of New Jersey (January 01, 1848) |
1848 |
1. Account rendered in Orphans' Court by guardian of lunatic, admitting balance consisting of securities, interest, cash, &c. and decree thereon. In action for money had and received against such guardian, the decree is conclusive evidence of the amount in defendant's hands. Evidence therefore by the defendant to show the amount... |
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Cases |
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Sherman v. Cohen |
33 S.C.L. 553, Court of Appeals of Law of South Carolina (January 01, 1848) |
1848 |
An order of the Court, that a garnishee should pay over the sum found to be in his hands, by the verdict of a jury, on a suggestion in attachment against him, may and ought to be enforced by attachment for contempt. |
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Cases |
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Sidney v. White |
12 Ala. 728, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Limestone. |
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Cases |
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Simmons v. State |
4 Ga. 465, Supreme Court of Georgia (May 01, 1848) |
1848 |
[1.] We have two Penal Statutes in relation to the receiving of stolen goods-the 28th Sect. of the 8th Division of the Penal Code, and the Act of 1840. The former is in the following words: If any person shall buy or receive any goods, money, chattels, or other effects, that shall have been stolen or feloniously taken from another, knowing the... |
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Cases |
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Sims v. Hundley |
47 U.S. 1, Supreme Court of the United States (January 01, 1848) |
1848 |
THIS case was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Mississippi. In 1835, the following notes were executed: $4,000. Port Gibson 2d May, 1835. On the fifteenth day of February, eighteen hundred and thirty-seven, I promise to pay, to the order of Passmore Hoopes, four... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |