| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Singleton v. Allen |
21 S.C.Eq. 166, Court of Appeals of Equity of South Carolina (May 01, 1848) |
1848 |
When a general payment is made, in anticipation, upon an instrument securing the payment of money at a future specified time, with interest thereon, from a prior date, the interest is computed up to the time of the payment, and the payment is deducted from the aggregate of the principal and interest, first applying it to the interest, and then to... |
|
Cases |
|
| Singleton v. Singleton |
8 B.Mon. 340, Court of Appeals of Kentucky (July 01, 1848) |
1848 |
Bills of review. Wills. Infants. Parties. APPEAL FROM THE WOODFORD CIRCUIT. The case stated, (8 Dana, 315.) IN June, 1841, after the decree of the Woodford Circuit Court, founded on a verdict against the validity of the writing which had been admitted to probate in the Woodford County Court, as the last will and testament of Jeconias Singleton,... |
|
Cases |
|
| Slaughter's Adm'rs v. Slaughter's Heirs |
8 B.Mon. 482, Court of Appeals of Kentucky (July 06, 1848) |
1848 |
THE application of Stephen H. Slaughter, to open the decree and to re-commit the case to the commissioner to enable him to prove additional claims against his intestate, was not made till nearly five years after the exhibition of his original bill, nor till after the rendition of the final decree. Besides, the facts stated in the petition were... |
|
Cases |
|
| Smith v. Herring |
10 Smedes & M. 518, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The defendant in an attachment has no right, by plea in abatement, or otherwise, to contest the truth of the fact alleged as the ground of the attachment, where the affidavit and the proceedings appear on their face to be regular and sufficient; upon the performance of certain requisitions the statute gives the writ; if wrongfully sued out the... |
|
Cases |
|
| Smith v. Isaac |
12 Mo. 106, Supreme Court of Missouri (July 01, 1848) |
1848 |
1st. The appellants insist that the decree ought to be reversed because it is not supported by the evidence in the cause. 2nd. We insist the decree should be reversed because the land sought to be recovered, is described in the bill and decree with so much uncertainty as not to be capable of identity. 3rd. A third reason why the decree should be... |
|
Cases |
|
| Smith v. Montgomery |
11 Smedes & M. 284, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Where the plaintiff in an execution dies after the issuance of the execution, but before the execution of a forthcoming bond by the defendant therein, such forthcoming bond executed in favor of such deceased plaintiff is void; and if a statutory judgment be rendered on the supposed forfeiture thereof, that also will be void. It seems, if a... |
|
Cases |
|
| Smith v. Ruddle |
15 Ala. 28, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Montgomery. Before the Hon. J. D. Phelan. |
|
Cases |
|
| Smith's Adm'rs v. Poythress |
2 Fla. 92, Supreme Court of Florida (January 01, 1848) |
1848 |
Where notes had been given by a husband for materials and merchandise, used and employed for the benefit of the separate estate of his wife, and for her support and maintenance, and judgments had been recovered on the notes against the husband, and executions had been returned no property found. Held, on bill filed for that purpose by... |
|
Cases |
|
| Southworth v. Hopkins' Heirs |
11 Mo. 331, Supreme Court of Missouri (March 01, 1848) |
1848 |
In this case, Thomas Southworth and wife, and others, legal representatives of one John Buzan, filed their bill to enjoin proceedings at law, and for further relief, against Thomas. Hopkins. The bill set forth that one Jonas Seely and wife, on the 15th day of December, 1831, made a written contract with John Buzan, whereby, it was agreed that Buzan... |
|
Cases |
|
| Speed's Ex'rs v. Nelson's Ex'r |
8 B.Mon. 499, Court of Appeals of Kentucky (July 18, 1848) |
1848 |
ERROR TO THE GENERAL COURT. Case stated. MANY years since, Sampson Matthews, of Virginia, transferred to one Alexander Nelson, who had married his daughter, two notes on George Wilson, who resided in Kentucky. On these notes suits were instituted, and judgments recovered. Wilson enjoined the judgments, and in the year 1817, his injunction was... |
|
Cases |
|
| St. Louis Ins. Co. v. Kyle |
11 Mo. 278, Supreme Court of Missouri (March 01, 1848) |
1848 |
This was an action of covenant, commenced in the St. Louis Circuit Court on the 28th October, 1845, by the appellee against the appellant, on a policy of insurance to the amount of six thousand dollars, on manufactured tobacco, cut, chewing and smoking tobacco, leaf tobacco, presses, screws and fixtures, cutting-machine and fixtures, household... |
|
Cases |
|
| Stamper v. Johnson |
3 Tex. 1, Supreme Court of Texas (January 01, 1848) |
1848 |
Error from Travis County. Parol evidence is admissible to control the clear import of a deed absolute on its face, and to show that it was intended as a mortgage; parol evidence is also admissible to show, or explain, the real intention and purpose of the parties to a deed. [Post, 119; 5 Tex. 93; 6 Tex. 294; 8 Tex. 191; 22 Tex. 202.] These... |
|
Cases |
|
| State to the use of Spruill v. Johnston |
8 Ired. 397, Supreme Court of North Carolina (June 01, 1848) |
1848 |
Where assets have remained in the hands of an administrator for more than seven years unclaimed by the next of kin, and the administrator dies, the Trustees of the University cannot recover in their own name from the representative of such administrator. The assets can only be recovered by an administrator de bonis non, who is immediately... |
|
Cases |
|
| State v. Adams |
14 Ala. 486, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. |
|
Cases |
|
| State v. Barfield |
8 Ired. 344, Supreme Court of North Carolina (June 01, 1848) |
1848 |
It is perfectly settled that no words or gestures, nor any thing less than the indignity to the person of a battery or an assault at least will extenuate a killing to manslaughter. To constitute an assault there must be an attempt or offer to strike by one within striking distance. On a trial for murder, evidence of the general character and habits... |
|
Cases |
|
| State v. Brady |
28 Tenn. 74, Supreme Court of Tennessee (September 01, 1848) |
1848 |
This is an indictment upon the act of 1822, ch. 19, sec. 3. The second count charges, in substance, that the defendant, Jesse Brady, a mulatto man, and Louisa Scott, a white woman, did unlawfully live together as man and wife, contrary to the statutes, etc. Upon this count the defendants were jointly convicted, and judgment was pronounced upon the... |
|
Cases |
|
| State v. George |
8 Ired. 324, Supreme Court of North Carolina (June 01, 1848) |
1848 |
The objections to the admission of testimony, made by the prisoner on the trial, raise two questions for our consideration, of which, one is subordinate to the other. The first and main question is, whether, when a witness is sought to be impeached by proof of former statements, inconsistent with his testimony on the trial, it is competent for the... |
|
Cases |
|
| State v. John |
8 Ired. 330, Supreme Court of North Carolina (June 01, 1848) |
1848 |
We have considered the questions, presented by the counsel for the prisoner in his bill of exceptions, with all that care and anxiety for a right decision, which their importance both to the prisoner and to the State imperatively demanded. We have nevertheless been unable to find in the errors assigned, any thing of which the prisoner has a right... |
|
Cases |
|
| State v. Lewis |
3 La.Ann. 398, Supreme Court of Louisiana (April 01, 1848) |
1848 |
Appeal from the District Court of Jefferson, Clarke, J. |
|
Cases |
|
| State v. Lyons |
3 La.Ann. 154, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Lafourche Interior, Randall, J. |
|
Cases |
|
| State v. Maberry |
34 S.C.L. 144, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
It is not a valid objection to an indictment for an escape, that the defendant, who although not formally appointed and qualified as a constable, had assumed to act as such, was charged therein with negligence as a lawful constable. In an indictment for an escape, it is sufficient to set out that the prisoner did escape; and this may be expressed... |
|
Cases |
|
| State v. Ritchie |
3 La.Ann. 511, Supreme Court of Louisiana (June 01, 1848) |
1848 |
Appeal from the First District Court of New Orleans, McHenry, J. |
|
Cases |
|
| State v. Scates |
34 S.C.L. 106, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
That circumstantial evidence is legally competent, which, although not conclusive, yet when no explanation appears, warrants the finding of a jury, by the force of inferences, (which when wholly unrebutted are sometimes irresistible;) especially in cases of illicit trading and retailing of spirits, in which ingenious devices are so common. |
|
Cases |
|
| State v. Williams |
33 S.C.L. 474, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
Where, in an indictment, a statutory offence is charged in the words of the enacting clause, it is all that the strictest rules of criminal pleading require. Where the indictment, under the Act of 1826, charged the defendant with taking grain from a field, and the proof was that he had taken a half bushel of peas; on appeal, the Court held, that... |
|
Cases |
|
| State v. Williams |
33 S.C.L. 229, Court of Appeals of Law of South Carolina (February 01, 1848) |
1848 |
Necessary articles furnished by a parent to a minor child, for use, may well be described in an indictment, as belonging to either the parent or child. A saddle, furnished by a father to his infant son, is such an article as, in an indictment, may be laid in either the father or son. |
|
Cases |
|
| State v. Wofford |
1 Morr.St.Cas. 417, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The vice-chancellor, created by the act of 1842, is constituted by the act a conservator of the peace; as such, he has power to commit all breakers of the peace, or to bind them in recognizances to keep it, or to answer for offences committed against it. |
|
Cases |
|
| Steedman v. Weeks |
21 S.C.Eq. 145, Court of Appeals of Equity of South Carolina (May 01, 1848) |
1848 |
On appeal from the decree of the Circuit Court, refusing partition of standing timber, the Court reversed the decree, and ordered a writ of partition, without regard to the character of the estate of either party, or the difficulty of executing the commission. In South Carolina, interests may be severed and the share of each ascertained and set... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Steele v. Shirley |
9 Smedes & M. 382, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
No appeal lies under the law and constitution of this state from the decision of a circuit judge sitting in vacation on the trial of a writ of habeas corpus. The right of appeal to the high court of errors and appeals is regulated by law; therefore, where there is no law authorizing an appeal and prescribing its terms and mode, no right of appeal... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Stephens v. Beal |
4 Ga. 319, Supreme Court of Georgia (February 01, 1848) |
1848 |
[1.] Where a judgment creditor seeks the aid of a Court of Equity, to reach the equitable assets of his debtor, not the subject matter of levy and sale, he must show that he has pursued his legal remedies to every available extent; but where, as in this State, the judgment creates a lien upon the defendant's property, a Court of Equity will lend... |
|
Cases |
|
| Stewart v. Sowles |
3 La.Ann. 464, Supreme Court of Louisiana (May 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
|
Cases |
|
| Succession of Fitzwilliams |
3 La.Ann. 489, Supreme Court of Louisiana (May 01, 1848) |
1848 |
Appeal from the District Court of Madison, Selby, J. |
|
Cases |
|
| Succession of Fortier |
3 La.Ann. 104, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the Second District Court of New Orleans, Canon, J. |
|
Cases |
|
| Succession of McCandless |
3 La.Ann. 579, Supreme Court of Louisiana (September 01, 1848) |
1848 |
Appeal from the District Court of Rapides, Cushman, J. The facts of this case are stated in the opinion of the court, infrâ. |
|
Cases |
|
| Succession of Sinnott |
3 La.Ann. 175, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Jefferson, Clarke, J. |
|
Cases |
|
| Succession of Williamson |
3 La.Ann. 261, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of Madison, Selby, J. |
|
Cases |
|
| Sullivant v. State |
8 Ark. 400, Supreme Court of Arkansas (January 01, 1848) |
1848 |
In an indictment for rape, it seems that the words feloniously did ravish and cornally know, forcibly and against the will of the female, are necessary. In an indictment for an assault with intent to commit a rape, the words did assault, &c., with an... |
|
Cases |
|
| Talladega County Roads & Revenue Com'rs v. Thompson |
15 Ala. 134, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Talladega. Before the Hon. George W. Stone. |
|
Cases |
|
| Tarpley v. Hamer |
9 Smedes & M. 310, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The act of the legislature of February 6th, 1841, entitled, an act to regulate the liens of judgments and decrees, which provides that judgments and decrees theretofore rendered, should be liens from the date of rendition, upon property out of the county where the judgment was obtained, on condition that an abstract of such judgment should, by... |
|
Cases |
|
| Tatum v. Hunter |
14 Ala. 557, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Macon. Before the Hon. G. W. Stone. |
|
Cases |
|
| Taylor v. Branch Bank |
14 Ala. 633, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Benton. Before the Hon. G. D. Shortridge. |
|
Cases |
|
| Taylor v. Rostrop |
3 La.Ann. 100, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
|
Cases |
|
| Taylor v. State |
4 Ga. 14, Supreme Court of Georgia (January 01, 1848) |
1848 |
[1.] An indictment, charging that the defendant did maliciously express, print, and publish, and cause, and procure to be expressed, printed and published, a certain libel, appearing as an advertisement in a newspaper, (set out in the indictment in hc verba,) though signed by a third personis sufficiently certain,... |
|
Cases |
|
| Taylor v. Strong |
10 Smedes & M. 63, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Where a bill in chancery was filed by A. & B. & C. to rescind a sale of land made by A. & B. to H. & T., and the bill averred that A. & B. held the land in fee for the use and benefit of C., and one of the defendants to the bill called for proof of its allegations, and H., whose evidence was taken, in answer to the question whether he and T. had... |
|
Cases |
|
| The Mary Ann |
1 Abb.Adm. 270, District Court, SD New York (April 01, 1848) |
1848 |
A libel in rem was filed by James States, William Gray, Edward Davis, Thomas Holden, and Peter Johnson, crew of the schooner Mary Ann, against that vessel, to recover wages. There was also filed a libel in personam, by Peter Johnson alone, against William F. Martin, the owner of the schooner, to recover the same wages as were claimed by the... |
|
Cases |
|
| The Reindeer |
27 F.Cas. 758, Circuit Court, D Rhode Island (June 01, 1848) |
1848 |
Appeal from the district court of the United States for the district of Rhode Island. This was a libel, instituted in the district court on the 23d of June, 1847, in behalf of the United States and Edward Wilbur, collector of Newport, and others interested. It alleged, that the schooner Reindeer, on waters navigable for boats of twenty tons, within... |
|
Cases |
|
| The Washington Irving |
1 Abb.Adm. 336, District Court, SD New York (November 14, 1848) |
1848 |
This was a libel in rem, by Joseph Odell, owner of the schooner Superior, against the steamboat Washington Irving, to recover damages for a collision between the two vessels. |
|
Cases |
|
| Thompson v. Chretien |
3 La.Ann. 116, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
|
Cases |
|
| Thompson v. Gordon |
34 S.C.L. 196, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
Defendant promised to pay to each of his sisters a certain sum of money at the death of their father-held that the cause of action did not accrue, nor the statute of limitations, consequently, begin to run, until the death of their father. The delivery of goods to one in consideration of his verbal promise to pay their value to another, is a part... |
|
Cases |
|
| Thompson v. Kelso |
3 La.Ann. 577, Supreme Court of Louisiana (September 01, 1848) |
1848 |
Appeal by Thompson from a judgment of the District Court of Rapides, Cushman, J. |
|
Cases |
|
| Thompson v. Warren |
8 B.Mon. 488, Court of Appeals of Kentucky (July 18, 1848) |
1848 |
Femes covert. Contracts. Agents. ERROR TO THE CLARKE CIRCUIT. Case stated. IN January, 1837, the Legislature of Kentucky passed an act for the divorce of Mason Morris from his wife Malinda, upon condition that he should restore to her all the estate, personal and real, which he had derived from her; and in the event he should elect a divorce upon... |
|
Cases |
|