| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Worrell v. State |
12 Ala. 732, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Marengo. |
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Cases |
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| Worsham v. Brown |
4 Ga. 284, Supreme Court of Georgia (February 01, 1848) |
1848 |
The facts of this case, so far as they are necessary to be stated, in order to explain the judgment which we are about to pronounce, are briefly these: N. H. Beall, in 1839, held an execution of considerable amount against Drury W. Cox. Worsham, one of the defendants below, agreed to pay off the fi. fa. to Beall, and take a transfer to himself,... |
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Cases |
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| Worsham v. Hardaway's Adm'r |
5 Gratt. 60, Supreme Court of Appeals of Virginia (April 01, 1848) |
1848 |
The Court reversed the decree, dissolved the injunction, and dismissed the bill. |
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Cases |
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| Wragg v. State |
14 Ala. 492, Supreme Court of Alabama (June 01, 1848) |
1848 |
Novel and difficult questions from the Criminal Court of Mobile. Before the Hon. John E. Jones. |
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Cases |
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| Wright v. Beck |
10 Smedes & M. 277, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The statute of this state (H. & H. 395, ยง 35,) provides for the grant of letters of administration by the probate court of the county where the intestate had his residence, or if he had none, of the county where he died, or of that (county) wherein his or her estate, or the greater part shall be;held, by the latter clause of the act was alone... |
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Cases |
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| Wright v. Wright |
3 Tex. 168, Supreme Court of Texas (January 01, 1848) |
1848 |
Appeal from Victoria County. In a suit brought by the wife for a divorce, she is entitled to an injunction to restrain her husband from selling or incumbering the community property in any manner whatever, pendente lite. The provisions of the statute exempting defendants in suits for divorce from answering on oath, and rendering the admissions of... |
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Cases |
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| Wynn v. Lee |
5 Ga. 217, Supreme Court of Georgia (July 01, 1848) |
1848 |
[1.] When the Statute of Limitations has once begun to run against an action to recover personality, its running is not stopped by the removal of the defendant without the State. As a general rule, when the Statute begins to run, it runs over every impediment. [2.] By the laws of force in Georgia, there is no saving in favor of non-resident... |
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Cases |
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| Wynn, Shannon & Co. v. Cox |
5 Ga. 373, Supreme Court of Georgia (August 01, 1848) |
1848 |
[1.] Parol evidence is admissible to prove any contract different from the written agreement, unless from fraud, accident, or mistake, the instrument fails to speak the real intention of the parties. Assumpsit, in Pike Superior Court. The facts may be found in the opinion of the Court. 1 Kelly, 18, 20. 3 Kelly, 216. 9 Conn. 401. 1 Espinasse, 172. 1... |
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Cases |
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| Yarbrough v. Arrington |
5 Ired.Eq. 291, Supreme Court of North Carolina (December 01, 1848) |
1848 |
A. filed a bill alleging that B. was indebted to him in a certain sum for which he had obtained a judgment by attachment, that B. had removed to another State and had no property in this State on which an execution could be levied, but that he was entitled to a distributive share of an estate in the hands of C. an administrator, and prayed that C.... |
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Cases |
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| Yates v. Houston |
3 Tex. 433, Supreme Court of Texas (January 01, 1848) |
1848 |
Appeal from Harris County. Where a court has jurisdiction of the parties and the subject matter, its judgment is reversible only in an appellate court; and cannot be questioned, or treated as a nullity, in a collateral action. [13 Tex. 68.] Where parties presented themselves as man and wife in Texas, in 1822; were registered as such in Austin's... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Abercrombie v. Bradford |
16 Ala. 560, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Macon. Tried before the Hon. Geo. W. Stone. |
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Cases |
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| Adams v. Adams |
10 B.Mon. 69, Court of Appeals of Kentucky (December 20, 1849) |
1849 |
Wills. Devises. Emancipation. ERROR TO THE CHRISTIAN CIRCUIT. Case stated. THIS controversy depends upon the construction which ought to be given to the will of Nathan Adams, deceased. The will is dated 9th of February, 1835, and the testator died in November, 1845, The fourth clause and only portion of the will which bears on the question in issue... |
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Cases |
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| Albritton v. Sutton |
9 Ired. 389, Supreme Court of North Carolina (June 01, 1849) |
1849 |
The decree must be affirmed. For although it be a general rule, that when particular legacies are payable at a future day, the legatee is not entitled to interest before the day, yet there is an established exception to that, when the gift is to an infant child, and the parent makes no other provision for his maintainance in the mean while.... |
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Cases |
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| Alexander v. Alexander |
6 Ired.Eq. 229, Supreme Court of North Carolina (August 01, 1849) |
1849 |
The question submitted to us depends upon the proper construction of the 6th clause. The intention of the testator is always to be carried out, when it can be gathered from the will itself, but it must not rest in supposition or surmises. The testator must not only have a particular intent, but must express that intent in apt words, in words... |
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Cases |
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| Alfred v. State |
6 Ga. 483, Supreme Court of Georgia (March 01, 1849) |
1849 |
Two grounds of error have been assigned upon the record to the judgment of the Court below. First, that the Jury were not impannelled as required by law. Second, that the verdict of the Jury was contrary to law and evidence and the charge of the Court. [1.] The 9th section of the Act of 1816, which is amendatory of the Act of 1811, provides, that... |
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Cases |
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| Allen v. Matthews |
7 Ga. 149, Supreme Court of Georgia (July 01, 1849) |
1849 |
[1.] A judgment quando binds all the estate of the defendant's testator or intestate, except such as was in the hands of the representative at the time of the judgment, or such as had been previously administered by him; and third persons cannot take advantage of the form of the judgment, to screen property in their possession from liability. [2.]... |
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Cases |
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| Allen v. Ramey |
35 S.C.L. 30, Court of Appeals of Law of South Carolina (December 01, 1849) |
1849 |
The sureties of a sheriff are not liable for the printer's fees, which the sheriff collected, or failed to collect, and refused or neglected to pay over to the printer. |
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Cases |
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| Allen v. Smitherman |
6 Ired.Eq. 341, Supreme Court of North Carolina (December 01, 1849) |
1849 |
On a motion to dissolve an injunction, there may be an order for its dissolution or for its continuance to the hearing; but the bill cannot be dismissed before the hearing. When one of the next of kin of an intestate is entitled to a distributive share of an estate and is indebted to the administrator as administrator, the latter may require the... |
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Cases |
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| Allen v. White |
16 Ala. 181, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Russell. Tried before the Hon. Nathan Cook. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Alston v. Batchelor |
6 Ired.Eq. 368, Supreme Court of North Carolina (December 01, 1849) |
1849 |
It is conceded, that the plaintiff Dolly is entitled to whatever suplus may remain in the hands of the administrator, and for that she will have a decree in the bill filed by her for an account, which is still pending. Whether, after it is received by her, she will hold it for her own use, or in trust to divide it among the six children of the... |
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Cases |
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| Amonett v. Fisk |
4 La.Ann. 342, Supreme Court of Louisiana (May 01, 1849) |
1849 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Ancker v. Levy |
22 S.C.Eq. 197, Court of Appeals of Equity of South Carolina (January 01, 1849) |
1849 |
Where in contemplation and consideration of marriage, and with the view of making a settlement of her property to the sole and separate use of the intended wife, the parties about to contract the marriage, being each clear of debt, joined in a bond for a certain sum to one as trustee for the purpose, and secured the bond by a mortgage of the... |
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Cases |
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| Anderson v. Burwell's Ex'rs |
6 Gratt. 405, Supreme Court of Appeals of Virginia (October 01, 1849) |
1849 |
The Court below erred in refusing to give interest upon Mrs. Pasteur's legacy. A legacy in its own nature bears interest at least from the end of the year after the testator's death, unless some other period is fixed by the will: And this is without regard to the question whether the fund out of which it is to be paid is or is not productive. 2... |
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Cases |
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| Anderson v. Dacosta |
4 La.Ann. 136, Supreme Court of Louisiana (February 01, 1849) |
1849 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Anderson v. Doak |
10 Ired. 295, Supreme Court of North Carolina (December 01, 1849) |
1849 |
Where a contract is made in another State, it is to be governed by the laws of that State, and not by those of North Carolina. Where A. conveys property by a deed of trust for the payment of debts, and the debts are unsatisfied, the property is not subject to an attachment against A. The cases of Davis v. Coleman, 7 Ire. 424, Parkerson v. Massey, 5... |
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Cases |
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| Ansley v. Robinson |
16 Ala. 793, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Chancery Court of Montgomery. Tried before the Hon. Jos. W. Lesesne, chancellor. |
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Cases |
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| Appeal of Tyson |
1 Am. Law J. 569, Supreme Court of Pennsylvania (January 01, 1849) |
1849 |
A husband who has received a large estate from his wife, and made no settlement on her, and has left her residence, taking with him his furniture, and making no provision for her maintenance, is not entitled to receive the interest of a fund bequeathed in trust for her, which accrued before the desertion, where it was proved that he had previously... |
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Cases |
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| Armor v. Amis |
4 La.Ann. 192, Supreme Court of Louisiana (March 01, 1849) |
1849 |
Appeal from the District Court of Madison, Selby, J. |
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Cases |
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| Arnauld v. Delachaise |
4 La.Ann. 109, Supreme Court of Louisiana (February 01, 1849) |
1849 |
Appeal from the District Court of Lafayette, Clarke, J. |
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Cases |
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| Arnoult v. Deschapelles |
4 La.Ann. 41, Supreme Court of Louisiana (January 01, 1849) |
1849 |
Appeal from the District Court of Jefferson, Clarke, J. |
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Cases |
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| Averett v. Thompson |
15 Ala. 678, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the County Court of Sumter. Before the Hon. Preston G. Nash, Judge. |
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Cases |
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| Baker v. Morrison |
4 La.Ann. 372, Supreme Court of Louisiana (May 01, 1849) |
1849 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Bank of Kentucky v. Conner |
4 La.Ann. 365, Supreme Court of Louisiana (May 01, 1849) |
1849 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Barnes v. Blair |
16 Ala. 71, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. |
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Cases |
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| Batson v. Murrell |
29 Tenn. 301, Supreme Court of Tennessee (December 01, 1849) |
1849 |
Some time in the month of May, 1846, Agnes Johnson died in the county of Dickson, State of Tennessee, and Thos. Murrell administered upon her estate, and at the October term, 1846, of the circuit court of the county, filed his bill, ex parte, alleging that the perishable property belonging to the estate was not sufficient to pay the debts of the... |
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Cases |
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| Battle v. Speight |
10 Ired. 459, Supreme Court of North Carolina (December 01, 1849) |
1849 |
Whether a re-publication of a will can be proved by parol evidence of the declarations of the testator, merely, is matter of great doubt. At all events the evidence should shew a clear determination on the part of the testator to republish. Appeal from the Superior Court of Law of Edgecombe County, at the Fall Term 1849, his Honor Judge BATTLE... |
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Cases |
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| Beers & Smith v. Rhea |
5 Tex. 349, Supreme Court of Texas (January 01, 1849) |
1849 |
A bankrupt or insolvent law of a State which discharges the person of the debtor and his future acquisitions is not a law impairing the obligation of contracts, so far as it respects debts contracted subsequent to the passage of such law. A discharge under such a law is not a good plea in bar to an action on a contract made without such State, nor... |
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Cases |
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| Berry v. Hamilton |
10 B.Mon. 129, Court of Appeals of Kentucky (January 07, 1849) |
1849 |
Wills. Witness. ERROR TO THE BATH CIRCUIT. Case stated and points made for decision. ELIZA ANN HAMILTON died on the 9th day of August, 1844. At the time of her death she was about thirty-five or six years of age, and unmarried. Two days previous to the day on which she died, she executed an instrument of writing, purporting to be her last will and... |
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Cases |
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| Bertrand v. Arcueil |
4 La.Ann. 430, Supreme Court of Louisiana (June 01, 1849) |
1849 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Blackwell v. Overby |
6 Ired.Eq. 38, Supreme Court of North Carolina (June 01, 1849) |
1849 |
A deed, absolute on its face, may be shewn to have been intended merely as a security, though not by parol evidence, by itself, that it was meant by the parties to be a mortgage; but it must be by clear and cogent evidence, as by proof dehors of facts and circumstances, which, to the apprehension of men versed in business and judicial minds, are... |
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Cases |
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| Blanchard v. Dixon |
4 La.Ann. 57, Supreme Court of Louisiana (January 01, 1849) |
1849 |
Appeal from the District Court of West Baton Rouge, Penn, J. |
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Cases |
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| Boling v. Wright |
16 Ala. 664, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Butler. Tried before the Hon. Nathan Cook. |
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Cases |
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| Booth v. Stamper |
6 Ga. 172, Supreme Court of Georgia (January 01, 1849) |
1849 |
The error assigned to the judgment of the Court below, is the dismissal of the complainants' bill at the trial term of the cause on the appeal, for want of equity. [1.] It appears from the bill of exceptions, that the Court below predicated its judgment on the ground, that the defendant in the Inferior Court, could have moved for a new trial in... |
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Cases |
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| Botts v. Cochrane |
4 La.Ann. 35, Supreme Court of Louisiana (January 01, 1849) |
1849 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Boyd v. Gilchrist |
15 Ala. 849, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Macon. Before the Hon. Nathan Cook. |
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Cases |
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| Bradford v. Goldsborough |
15 Ala. 311, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Chancery Court of Macon. Before the Hon. W. W. Mason. |
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Cases |
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| Bradshaw v. Simpson |
6 Ired.Eq. 243, Supreme Court of North Carolina (August 01, 1849) |
1849 |
An administrator has the right to sell the notes of his intestate. The purchaser is under no legal obligation to see to the application of the purchase money. But although the exigencies of estates sometimes make it expedient to sell notes, it is rarely ever the case, and such dealings are looked upon with suspicion, and, when permitted to stand,... |
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Cases |
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| Brown v. Clegg |
6 Ired.Eq. 90, Supreme Court of North Carolina (June 01, 1849) |
1849 |
A Court of Equity will compel the discovery of a secret trust, to enferce it, if lawful, or declare it void, if unlawful, whenever the fact of its not being declared in the conveyance, creating the legal estate, is caused by fraud or circumvention, or is the result of accident or mistake, or the omission is by design, the trust being unlawful and... |
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Cases |
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| Brown v. Glathary |
4 La.Ann. 124, Supreme Court of Louisiana (February 01, 1849) |
1849 |
Appeal from the District Court of Carroll, Selby, J. |
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Cases |
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| Brown v. James |
22 S.C.Eq. 24, Court of Appeals of Equity of South Carolina (May 01, 1849) |
1849 |
Testator, after directing that his just debts should be paid, made specific bequests of all his personal property; subsequent to the execution of the will, he entered into an agreement for the purchase of land, took possession and died before the purchase money became due-held, that if the agreement should be carried into specific execution, the... |
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Cases |
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