| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Houston v. Smith |
6 Ired.Eq. 264, Supreme Court of North Carolina (August 01, 1849) |
1849 |
We are at some loss to know upon what ground of equity the plaintiffs put their case. If it be upon the ground, that they have not had a fair trial at law, they have not prayed for a new trial, but merely pray for a perpetual injunction, as if the matter was there to stop. They do not allege the discovery of any evidence, since the adjournment of... |
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Cases |
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| Howard v. North |
5 Tex. 290, Supreme Court of Texas (January 01, 1849) |
1849 |
The acts of femes covert in pais may be and frequently are void; yet this does not impair the conclusive force of judgments to which they are parties; and if these be not reversed on error or appeal, their effects cannot be gainsaid when they are enforced by ultimate process, or when they are brought to bear in any future controversy. (Note 54.)... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Howell v. Hair |
15 Ala. 194, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Sumter. Before the Hon. Geo. Goldthwaite. |
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Cases |
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| Huckabee v. Billingsly |
16 Ala. 414, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Perry. Tried before the Hon. George Goldthwaite. |
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Cases |
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| Hume v. Hord |
5 Gratt. 374, Supreme Court of Appeals of Virginia (January 01, 1849) |
1849 |
(Absent Brooke, J.) 1. Upon a settlement by a husband on himself and wife, and to the survivor for life, she has a power of appointing to whom the land shall go in the event that she shall die without leaving issue at her death; so that such disposition is signified under her hand and seal in writing, or by last will and testament. The wife... |
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Cases |
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| Ingraham v. Grigg |
13 Smedes & M. 22, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
A delivery to the trustees in a deed of assignment by a bank for the benefit of its creditors, is equivalent to a delivery to the cestui que trusts. So also the record of a deed of that nature amounts to primâ facie evidence of delivery. It was held not to be sufficient proof, that a deed of assignment made by a bank in this state, in 1842,... |
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Cases |
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| Ingram v. Kirkpatrick |
6 Ired.Eq. 463, Supreme Court of North Carolina (December 01, 1849) |
1849 |
When a deed of trus has been executed, conveying property in trust for the payment of debts, and the trustee has accepted the same, the grantor, afterwards, has no right to vary the trusts, and any of the creditors secured may compel the trustee to execute the trusts as declared, although they were not privy to the execution of the deed. The cases... |
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Cases |
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| Ingram v. Smith |
6 Ired.Eq. 97, Supreme Court of North Carolina (June 01, 1849) |
1849 |
In order to rebut the presumption, under the Statute, of the abandonment of the right of redemption in a mortgagee, upon the ground of great mental distress and decay of memory, if these can have such an effect, they must be established beyond all doubt; for the statute is one of repose and its provisions ought to be fairly carried out. In the case... |
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Cases |
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| Jackson v. Hampton |
10 Ired. 579, Supreme Court of North Carolina (December 01, 1849) |
1849 |
Where a judgment is obtained against two or more, and no bail bond has been taken from either of the defendants, in the suit, and the sheriff, who has thus become bail for all, after the rendition of the judgment and the issuing of the ca. sa., is directed by the plaintiff not to serve the ca. sa. on one of the defendants, he is still liable, as... |
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Cases |
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| Jacob v. Davis |
4 La.Ann. 39, Supreme Court of Louisiana (January 01, 1849) |
1849 |
Appeal from the Second District Court of New Orleans, Canon, J. |
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Cases |
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| Jaggers v. Estes |
22 S.C.Eq. 34, Court of Appeals of Equity of South Carolina (May 01, 1849) |
1849 |
Motions for the continuance of a cause are addressed entirely to the discretion of the presiding Chancellor. Granting an issue at law, except in cases where practice has made it a matter of right, is a discretionary act; but a mistake in the exercise of that discretion is a just ground of appeal. |
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Cases |
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| Jaggers v. Estes |
22 S.C.Eq. 379, Court of Appeals of Equity of South Carolina (May 01, 1849) |
1849 |
Note.-The following is the Circuit Decree, upon the hearing of which an issue was ordered, as appears in the report of the case (ante 34.] When that case was prepared for the press it did not appear to the Reporter that it was necessary to publish this decree-further adjudication of the points involved in the case have, however, convinced him that... |
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Cases |
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| James v. Jones |
29 Tenn. 384, Supreme Court of Tennessee (December 01, 1849) |
1849 |
We think the circuit judge erred in rejecting the record of the suit of James v. Prichard, offered as evidence in behalf of the plaintiff on the trial of this cause. The question respecting the competency and admissibility of the record, as evidence, is wholly different from that which respects its sufficiency and effect. The former question... |
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Cases |
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| Jeffries v. McLean |
12 Mo. 538, Supreme Court of Missouri (October 01, 1849) |
1849 |
1. A suit can only be commenced in a court of record in this State by filing in the office of the clerk of the court a declaration setting forth the plaintiff's cause of action. Rev. Stat., ch. 136, art. 1, § 1. Papers in a cause, after being filed, are beyond the control of counsel or parties, and that the possession of them again, in order to... |
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Cases |
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| Jennings v. Moss |
4 Tex. 452, Supreme Court of Texas (January 01, 1849) |
1849 |
Where the plaintiff alleged that he was the holder and legal owner of a note, which is in the following words, giving a copy of the note, which was signed with a name corresponding exactly with the name of the defendant, and then alleged that the note was unpaid, and prayed judgment: Held, That the petition was insufficient for want of an... |
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Cases |
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| John v. Jones |
16 Ala. 454, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Johnson v. Chambers |
10 Ired. 287, Supreme Court of North Carolina (December 01, 1849) |
1849 |
His Honor charged, that, taking all the facts to be true, as proved, there was no probable cause. We think, there was not only probable cause, but strong proof of guilt. The defendant's money was stolen--no one had a chance to steal it but the plaintiff. The plaintiff knew, that the defendant had money--insisted on sleeping with him, instead of... |
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Cases |
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| Johnson v. Imboden |
4 La.Ann. 178, Supreme Court of Louisiana (March 01, 1849) |
1849 |
Appeal from the District Court of Carroll, Selby, J. |
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Cases |
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| Jones v. Deyer |
16 Ala. 221, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Orphans' Court of Limestone. Tried before the Hon. Wm. H. Walker, Judge. |
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Cases |
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| Jones v. Jones |
7 Ga. 76, Supreme Court of Georgia (July 01, 1849) |
1849 |
[1.] R. Jones, by his last will, bequeathed a large property to certain persons, upon the conditions following, viz: equally to my son William, and to my daughters Eliza, Polly, Katy and Sarah; and as respects my said daughters, I give the same to them, and them only, personally, individually and exclusively, and to their children, and not to... |
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Cases |
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| Jones v. Lawrence |
4 La.Ann. 279, Supreme Court of Louisiana (April 01, 1849) |
1849 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Jones v. Thurmond's Heirs |
5 Tex. 318, Supreme Court of Texas (January 01, 1849) |
1849 |
A party who would except to the ruling of the court upon any question of evidence arising at the trial must do so at the time of such ruling. And a bill of exceptions ought to be tendered at the trial, or at as early a day as practicable. The parties are required to submit to the court in writing such instructions as they may desire, which the... |
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Cases |
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| Jordan v. State |
15 Ala. 746, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Lauderdale. Before the Hon. Thomas A. Walker. |
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Cases |
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| Kavanaugh v. Thompson |
16 Ala. 817, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Orphans' Court of Madison. Tried before the Hon. C. C. Clay, Judge. |
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Cases |
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| Keaton v. Banks |
10 Ired. 381, Supreme Court of North Carolina (December 01, 1849) |
1849 |
A judgment may be vacated at any time, on motion in the same Court, in which it was rendered, upon parol proof that it was entered irregularly and not according to the course of the Court; as, for instance, where the defendant in the cause was an infant, and no guardian had been appointed to represent his interest. The cases of White v. Albertson,... |
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Cases |
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| Keirn v. Carson |
12 Smedes & M. 431, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
In this case a bill was filed to have a judgment at law against the complainant set aside, on the ground, that though the writ was returned executed, yet in point of fact it was not executed; and on the further ground, that the attorney who filed a plea for him did it without authority, and was insolvent. The chancellor decreed in favor of... |
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Cases |
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| Kelly v. Bryan |
6 Ired.Eq. 283, Supreme Court of North Carolina (August 01, 1849) |
1849 |
Where a deed is absolute on its face, it cannot be converted into a mortgage or security for a debt, merely by evidence of the declarations of the parties or the unaided memory of witnesses. There must be proof of facts and circumstances, dehors the deed, incompatible with the idea of an absolute purchase and leaving no doubt on the mind. There... |
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Cases |
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| Kelly v. Scott |
5 Gratt. 479, Supreme Court of Appeals of Virginia (January 01, 1849) |
1849 |
(Absent Cabell, P. and Brooke, J.) 1. In prosecutions prior to the act of 1827, for marrying a deceased wife's sister, or for marrying the husband of a deceased sister, the parties might appear by attorney; and upon a plea of guilty by the attorney, judgment might be entered, declaring the marriage a nullity. 2. A judgment declaring... |
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Cases |
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| Kemp v. Nichols |
4 La.Ann. 174, Supreme Court of Louisiana (March 01, 1849) |
1849 |
Appeal from the District Court of Concordia, Farrar, J. |
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Cases |
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| Killen v. Sistrunk |
7 Ga. 283, Supreme Court of Georgia (August 01, 1849) |
1849 |
[1.] We have carefully examined the calculation of the Jury, upon which their verdict was rendered, and detect in it the most palpable mistakes. They charged the executor with the whole amount of assets which came to his hands, with interest thereon, at the rate of 16 per cent. compounded annually, without first deducting, at the beginning of each... |
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Cases |
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| King v. Aughtry |
22 S.C.Eq. 149, Court of Appeals of Equity of South Carolina (November 01, 1849) |
1849 |
A trustee cannot claim the benefit of the statute of limitations as against the personal representative of his deceased cestui que trust until such representative has been appointed; therefore creditors seeking to subject the trust estate to the payment of their debts, and who are entitled to make their claims through such representative, cannot be... |
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Cases |
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| Kirkman v. Mason |
17 Ala. 134, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Chancery Court of Lauderdale. Tried before the Hon. David G. Ligon. |
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Cases |
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| Land v. Williams |
12 Smedes & M. 362, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
The circuit court cannot issue a writ of error coram nobis, or entertain jurisdiction of it, to correct an error of fact in a judgment, rendered in the high court of errors and appeals, in affirmance of one in the circuit court; the writ must be addressed to the court in which the judgment was rendered, which alone has jurisdiction of it. |
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Cases |
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| Landry v. Peterson |
4 La.Ann. 96, 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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| Lang v. Brevard |
22 S.C.Eq. 59, Court of Appeals of Equity of South Carolina (November 01, 1849) |
1849 |
The surety is not discharged by the omission of the creditor to record the mortgage of the principal debtor, which was executed for the purpose of securing the payment of the debt. If the creditor do an act injurious to the surety, or omit to do an act, when required, which equity and his duty to the surety enjoin it upon him to do, and which... |
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Cases |
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| Langan v. Bowman |
12 Smedes & M. 715, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
It seems to be settled, that the party entitled to the estate is entitled to the administration; and where there are several distributees, the one entitled to the largest share in the estate, is entitled to the administration; and the same rule prevails when the parties claim the right to administer in a representative character. Therefore the... |
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Cases |
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| Lanier v. Chappell |
2 Fla. 621, Supreme Court of Florida (January 01, 1849) |
1849 |
Elizabeth Chappell, an infant, &c., brought an action of indebtitatus assumpsit in the court below, against James Lanier and Benjamin C. West, the appellants. The declaration charges them as surviving partners of a concern, trading and doing business under the name, style and firm of the Quincy Steam Saw Mill Company, for the work and labor of the... |
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Cases |
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| Law's Ex'rs v. Sutherland |
5 Gratt. 357, Supreme Court of Appeals of Virginia (January 01, 1849) |
1849 |
The Court is of opinion, that the Judge of the Circuit Court erred in declaring, in the decree of the 17th October 1846, the bond of 1140 dollars, executed on the 3d of July 1837, by Ransome Sutherland to Burwell Law and Stephen Chandler, to have been founded on an usurious and unlawful agreement, and therefore void. The circumstances leading to... |
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Cases |
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| Leach v. West |
16 Ala. 250, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Chancery Court of Dallas. Before the Hon. W. W. Mason, chancellor. |
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Cases |
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| Leaird v. Davis |
17 Ala. 27, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Barbour. Tried before the Hon. Sam'l Chapman. |
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Cases |
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| Ledoux v. Rucker |
4 La.Ann. 218, Supreme Court of Louisiana (March 01, 1849) |
1849 |
Appeal from the District Court of West Feliciana, Lawson, J. |
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Cases |
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| Lenoir v. Rainey |
15 Ala. 667, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Dallas. Before the Hon. N. Cook. |
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Cases |
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| Lindsey v. Marshall |
12 Smedes & M. 587, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
Under the statutes regulating the board of trustees of school lands, the funds paid over to the board fall into the hands of the treasurer of the board; one set of trustees, therefore, will not be liable to their successors for the money received by them above what they expended; unless it, at the same time, be charged, and appear that the money... |
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Cases |
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| Locke v. Garrett |
16 Ala. 698, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Greene. Tried before the Hon. Geo. D. Shortridge. |
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Cases |
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| Lockwood v. Nelson |
16 Ala. 294, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Tallapoosa. Tried before the Hon. Geo. W. Stone. |
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Cases |
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| Logan v. Simmons |
6 Ired.Eq. 180, Supreme Court of North Carolina (August 01, 1849) |
1849 |
The creditor of a non-resident debtor, who is brought in by publication, cannot have a decree for the satisfaction of his claim, out of debts due by persons in this State to such non-resident debtor. The case of Yarbrough v. Arrington, 5 Ire. Eq. 291, cited and approved. Cause transmitted from the Court of Equity of Cleaveland County, at the Spring... |
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Cases |
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| Longino v. Blackstone |
4 La.Ann. 513, Supreme Court of Louisiana (October 01, 1849) |
1849 |
Appeal from the District Court of Franklin, Barry, J. |
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Cases |
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| Lott v. Meacham |
2 Fla. 566, Supreme Court of Florida (January 01, 1849) |
1849 |
The court, after having had this case under due consideration, is of opinion that, inasmuch as its decision must depend very much upon the construction of the will of Jonathan Thomas, and as only detached portions of it are before the court, it cannot proceed and pronounce a definite opinion and decision upon it. The court is, therefore, obliged to... |
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Cases |
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| Louisiana State Bank v. Dumartrait |
4 La.Ann. 483, Supreme Court of Louisiana (September 01, 1849) |
1849 |
Appeal from the District Court of St. Martin, Voorhies, J. |
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Cases |
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| Love v. Love |
6 Ired.Eq. 325, Supreme Court of North Carolina (December 01, 1849) |
1849 |
The bill must be dismissed. Supposing the case made on its face sufficient to sustain it, the reasons given in the answer, why the defendant brought suit on the bond and ought to have judgment on it, must strike any mind as fully sufficient. There is no suggestion, that the defendant is in failing circumstances, whereby the plaintiff will be in... |
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Cases |
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