TitleCitationYearSummaryMost RelevantTypeStatus
Ray v. Donnell 4 McLean 504, Circuit Court, D Indiana (May 01, 1849) 1849 At law.   Cases  
Reynolds v. Bank of Va. 6 Gratt. 174, Supreme Court of Appeals of Virginia (July 01, 1849) 1849 (Absent Cabell, P. and Brooke, J.) 1. A debtor conveys a large property, real and personal, in trust to secure numerous creditors, who are divided into three classes: The first two classes are creditors by judgment. The trustees not having signed the deed, refuse to act; and thereupon two of the creditors of the first class file a bill on behalf of...   Cases  
Reynolds v. Reynolds 15 Ala. 398, Supreme Court of Alabama (January 01, 1849) 1849 Error to the Circuit Court of Pickens. Before the Hon. S. Chapman.   Cases  
Richardson v. Provost 35 S.C.L. 57, Court of Appeals of Law of South Carolina (December 01, 1849) 1849 The Court will not undertake to control a jury where there was evidence on the question submitted to them, although that evidence was not so satisfactory as it might have been. All objections to the admissibility of evidence should be made, if known, at the time the evidence is offered.   Cases  
Robertson v. Ward 12 Smedes & M. 490, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 By the act of February, 1846, in relation to married women (Hutch. Code, 498), a married woman may be sued at law jointly with her husband, upon a note executed by the wife alone, since the passage of that act, for a horse purchased by her for the supply and use of her plantation. And a declaration upon such a note must allege the consideration of...   Cases  
Robertson's Ex'rs v. Allen 16 Ala. 106, Supreme Court of Alabama (January 01, 1849) 1849 Error to the Circuit Court of St. Clair. Tried before the Hon. Thomas A. Walker.   Cases  
Robinett v. Wilson 8 Gill 179, Court of Appeals of Maryland (December 01, 1849) 1849 There is no dispute in this case, as to the sufficiency of the deed under which the plaintiff claims, to entitle him to the relief sought by the bill, unless the defences set up against it in the answers, are established to the satisfaction of this court. One of those defences was, that said deed was obtained from the said George R. Wilson by...   Cases  
Robinson v. Farrelly 16 Ala. 472, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Chancery Court of Mobile. Before the Hon. Joseph W. Lesesne, chancellor.   Cases  
Robinson v. King 6 Ga. 539, Supreme Court of Georgia (May 01, 1849) 1849 [1.] Under the Statute of Frauds, requiring wills to be subscribed by the attesting witnesses, in the presence of the testator, it is not necessary that the witnesses should be in the same room or the same house with him, or that the testator should, in fact, see the witnesses subscribe their names; but it is necessary that the situation and...   Cases  
Robinson v. Schly 6 Ga. 515, Supreme Court of Georgia (May 01, 1849) 1849 [1.] Where an execution has been levied on property which is claimed by a third person, and the claimant seeks to show that the judgment has been satisfied, he must prove that the payment was made to the plaintiff in fi. fa. or the person holding the legal control under him. [2.] An assignment of a judgment should be in writing, in order to vest...   Cases  
Robson v. Harwell 6 Ga. 589, Supreme Court of Georgia (May 01, 1849) 1849 [1.] In a bill in Equity every material fact to which the plaintiff means to offer evidence, must be distinctly stated, or otherwise he will not be permitted to offer or require evidence of that fact. No facts are properly in issue unless charged in the bill, nor can relief be granted for matters not charged, although they may be apparent from...   Cases  
Rose v. Rose 9 Ark. 507, Supreme Court of Arkansas (January 01, 1849) 1849 This court, when hearing appeals from the chancery side of the circuit court, will determine the cases upon the same evidence that was produced on the hearing in the case belowthe depositions filed in the cause and read in evidence constituting a part of the record in a chancery cause without being made so by bill of exceptions. At common...   Cases  
Ross v. Bank of State of South Carolina 22 S.C.Eq. 245, Court of Appeals of Equity of South Carolina (January 01, 1849) 1849 Mortgages taken by the Bank of the State of South Carolina, for any other indebtedness than that contracted under the loan office department, are not mortgages which, under its charter, shall be considered as being recorded from the date thereof, but they are mortgages taken under the incidental and implied powers of a banking...   Cases  
Rowand v. Bellinger 34 S.C.L. 373, Court of Appeals of Law of South Carolina (January 01, 1849) 1849 Where the same cause of action is set forth in various form, in sundry counts, neither of which can alone sustain the verdict, the case will be sent back for a new trial. Wherever the damages sustained have not necessarily accrued from the Act complained of, and therefore are not implied by law, then the rule of pleading is, that in order to avoid...   Cases  
Rowlett v. Fulton 5 Tex. 458, Supreme Court of Texas (December 01, 1849) 1849 As a ground for the reversal of the judgment it is contended that the demurrer to the petition should have been sustained. The record shows no action on the demurrer; and unless the objection would be fatal on error, they cannot be noticed on appeal. We decline any examination of the grounds of defect assigned in the petition, as the cause will be...   Cases  
Rucker v. Frazier 35 S.C.L. 93, Court of Appeals of Law of South Carolina (December 01, 1849) 1849 Upon a note due on the 1st of February, 1841, the last payment made by defendant, for himself and co-defendants, was on the 22d of February, 1843.-On the 28th of March, 1845, defendant promised to pay the balance, which he supposed was to be ascertained upon a final settlement, the materials for which were in the hands of the creditor. The demand...   Cases  
Rucker v. Lambdin 12 Smedes & M. 230, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 Whatever doubts may once have existed in England upon the subject, it is at this day settled, that the word credible in the statute of wills, means competent, and that the question of competency, relates to the time of attestation. Under the statute of this state, (Hutch. Code, 651,) which provides that, if any person shall be a subscribing...   Cases  
Rupert v. Dantzler 12 Smedes & M. 697, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 Under the act of 24th of February, 1844, of limitations, the lien of all judgments rendered prior to its passage, ceased in two years from the passage of the act, whether enrolled or not; and it makes no difference that a levy has been made on any such judgment, before the expiration of the lien; if the levy has not been perfected by a sale before...   Cases  
Rushing v. Rhodes 6 Ga. 228, Supreme Court of Georgia (January 01, 1849) 1849 [1.] This was an action brought to recover back usurious interest, to which the plea of the Statute of Limitations was interposed; and the only question to be determined is, whether the right of action accrued from the time when the usury was agreed to be paid, or actually paid. We think, most clearly, from the latter date, and for this reason:...   Cases  
Rutherford v. Raburn 10 Ired. 144, Supreme Court of North Carolina (August 01, 1849) 1849 Under the act of 1848, ch. 53, on the trial of an ejectment, brought by a purchaser at an execution sale against the defendant in the execution or one bound by its teste, no judgment need be shewn; at all events unless the purchaser be the plaintiff in the execution. In cases, where it is necessary to produce the judgment, as where the opposite...   Cases  
Sadler v. Hoover 48 U.S. 646, Supreme Court of the United States (January 01, 1849) 1849 THIS case came up, on a certificate of division, from the Circuit Court of the United States for the Southern District of Mississippi. The following is the statement of facts agreed upon in the court below, by the counsel for the respective parties, and sent up with the record. WM. SADLER and FRANCIS SADLER, v. THOMAS B. HOOVER and others.} In...   Cases  
Salaun v. Relf 4 La.Ann. 575, Supreme Court of Louisiana (December 01, 1849) 1849 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Sam v. State 1 Morr.St.Cas. 430, High Court of Errors and Appeals of Mississippi (November 01, 1849) 1849 The prisoner was indicted in the county of Issaquena in April, 1848; the county seat of which, by the act of 1846, was established at Tallula; but by an act passed in January, 1848, the board of police were authorized to remove the county seat to such point as they might select; the caption of the indictment stated that the court was holden at...   Cases  
Savage v. Benham 17 Ala. 119, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Chancery Court of Lauderdale. Tried before the Hon. David G. Ligon. THE bill in this case was filed by the plaintiff in error, as administratrix on the estate of Samuel G. Savage, deceased, against George M. Savage, the executor appointed by the will of Samuel Savage, deceased, Vincent M. Benham, the administrator de bonis non with the...   Cases  
Savage v. Dickson 16 Ala. 256, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Orphans' Court of Clarke.   Cases  
Scales v. Desha 16 Ala. 308, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook.   Cases  
Scarborough v. Tunnell 6 Ired.Eq. 103, Supreme Court of North Carolina (June 01, 1849) 1849 We think both of the orders pefectly correct. This was not an attempt to deprive the defendant of his deed. That is what is to be done by the decree on the hearing, if it should be found to be a forgery. But, before the hearing, the Court often directs the production of papers, and, if necessary to the purposes of the cause, the deposit of them in...   Cases  
Scarborough v. Watkins 9 B.Mon. 540, Court of Appeals of Kentucky (September 25, 1849) 1849 Administrators. Conveyances. Husband and wife. Registry of deeds. APPEAL FROM THE DAVIESS CIRCUIT. THE plaintiff in error questions the correctness of the decree of the Court below, in settling his accounts as administrator de bonis non of Philip Thompson, deceased, and also administrator of Sally Thompson, deceased, the widow of said Philip...   Cases  
Schley v. Lyon 6 Ga. 530, Supreme Court of Georgia (May 01, 1849) 1849 [1.] Where property was conveyed to trustees for certain specified objects, as stated in the trust deed: Held, that where there was something to be done by the trustees, to accomplish the objects of the trust, the same was not executed but executory. [2.] Where an action of trover is brought by trustees in whom the legal title is vested, for a...   Cases  
Scott v. John 15 Ala. 566, Supreme Court of Alabama (January 01, 1849) 1849 Error to the Circuit Court of Perry. Before the Hon. John D. Phelan.   Cases  
Scott v. McKinnish 15 Ala. 662, Supreme Court of Alabama (January 01, 1849) 1849 Error to the Circuit Court of Cherokee. Before the Hon. Sidney C. Posey.   Cases  
Scranton v. Demere 6 Ga. 92, Supreme Court of Georgia (January 01, 1849) 1849 [1.] Where a warrant of attorney was executed under the rule of Court, to confirm an appeal entered by the agent of the party to the suit, in which it was recited, that I do hereby ratify and confirm all that my said attorney has done, or may hereafter do in my name, in the premises, without incurring cost to me: Held, that the...   Cases  
Shackelford v. Apperson 6 Gratt. 451, Supreme Court of Appeals of Virginia (October 01, 1849) 1849 (Absent Cabell, P.) In a suit to subject land for the payment of the purchase money, there is a decree against the defendant for a sum certain: And if he shall fail to pay it within thirty days, a commissioner is directed to sell the land upon terms prescribed in the decree. HELD: 1. The clerk has no authority to issue an execution on this decree,...   Cases  
Sharpe v. Hunter 16 Ala. 765, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Circuit Court of Russell. Tried before the Hon. J. J. Woodward.   Cases  
Shawhan v. Wherritt 48 U.S. 627, Supreme Court of the United States (January 01, 1849) 1849 THIS was an appeal from the Circuit Court of the United States for the District of Kentucky. On the 6th of April, 1842, Benjamin Brandon executed the following deed:-- This indenture, made and entered into this 6th day of April, 1842, between Benjamin Brandon, of Harrison county and State of Kentucky, of the one part, and William A. Withers, of...   Cases  
Shepard v. Kelly 2 Fla. 634, Supreme Court of Florida (January 01, 1849) 1849 The act of December 11th, 1824 in relation to the foreclosure of mortgages by proceedings in the courts of law, requires personal service of notice of the intention of the party to institute his suit. If a party acknowledges service of notice, or appears and pleas or confesses judgment, it is sufficient under this statute to give jurisdiction of...   Cases  
Sherrill v. Shuford 10 Ired. 200, Supreme Court of North Carolina (August 01, 1849) 1849 It is no answer for a sheriff to say, when sued for negligence in not executing process against a debtor, that the debtor, even after being imprisoned under a ca. sa., might pay, or secure to be paid by assignment, other bona fide debts, to the disappointment of the judgment creditor. The true enquiry is, has the sheriff, by his negligence,...   Cases  
Shorter v. People 2 N.Y. 193, Court of Appeals of New York (May 01, 1849) 1849 One who is without fault himself, when attacked by another, may kill his assailant, if the circumstances be such as to furnish reasonable ground for apprehending a design to take away his life or do him some great bodily harm, and there is also reasonable ground for believing the danger imminent that such design will be accomplished; although it...   Cases  
Sipple v. Adams 5 Harr. 149 (April 01, 1849) 1849 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  
Slatter v. Tete 4 La.Ann. 465, Supreme Court of Louisiana (June 01, 1849) 1849 Appeal from the District Court of Assumption, Randall, J.   Cases  
Smith v. Bobb 12 Smedes & M. 322, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 By the statutes of this state, (Hutch. Code, 812, sec. 22,) the right of the landlord to a distress for rent, against the executor or administrator of his tenant for years, is expressly given. An affidavit to procure a distress warrant against the administrator of the tenant, which alleged that B., administrator of the estate of M., was...   Cases  
Smith v. Com. 6 Gratt. 696, General Court of Virginia (December 01, 1849) 1849 The writ of error is refused.   Cases  
Smith v. Flint 6 Gratt. 40, Supreme Court of Appeals of Virginia (April 01, 1849) 1849 1. It is error to decree the sale of land for the payment of a debt, unless the creditor asking the sale, shall shew that the land is legally chargeable in equity, for such payment; and even then, until the amount of the debt shall be ascertained. 2. Land was purchased with funds in which S had a separate estate for life, with remainder to her...   Cases  
Smith v. Hilliard 22 S.C.Eq. 211, Court of Appeals of Equity of South Carolina (January 01, 1849) 1849 Testator devised and bequeathed to his daughter and the heirs of her body, if no children, to her entire disposal, certain real estate, &c.-held that the daughter took an estate in fee simple, subject to be cut down to a fee conditional in the event of her having children. Whenever there is a doubt as to the quantity of the estate devised, or...   Cases  
Smith v. Hunter 48 U.S. 738, Supreme Court of the United States (January 01, 1849) 1849 THIS case was brought up from the Supreme Court of Ohio, by a writ of error issued under the twenty-fifth section of the Judiciary Act. The facts were these: By the fourth section of the act of Congress of the 3d of March, 1803, to enable the State of Ohio to form a State constitution, (2 Statutes at Large, 226,) a township of land, to be laid...   Cases  
Smith v. Mitchell 6 Ga. 458, Supreme Court of Georgia (March 01, 1849) 1849 [1.] It is not the right of the parties to poll the Jury in civil causes, but it is discretionary with the Court to allow them to be polled or not. [2.] The dispersion of the Jury, after the verdict is handed in to the Clerk, and before it is received by the Court: Held, to be a good reason for a refusal to permit the Jury to be polled. [3.] If the...   Cases  
Smith v. Morgan 8 Gill 133, Court of Appeals of Maryland (December 01, 1849) 1849 Evidence which, standing alone and unexplained, would not be competent testimony, may become admissible when followed by other explanatory evidence before objection taken. In an action of replevin by an executor, a distributee of the testator's estate is an incompetent witness for the plaintiff, on the ground of interest. A release by the...   Cases  
Smith v. State 13 Smedes & M. 140, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 The personal property of a testator, specially bequeathed by him, is subject to be sold under execution against the executor, issued upon a judgment founded on a debt of the testator, obtained against the executor after the property had passed into the hands of the legatee with the assent of the executor, and had, upon the legatee's death, passed...   Cases  
Smith v. Turner 48 U.S. 283, Supreme Court of the United States (January 01, 1849) 1849 THESE were kindred cases, and were argued together. They were both brought up to this court by writs of error issued under the twenty-fifth section of the Judiciary Act; the case of Smith v. Turner being brought from the Court for the Trial of Impeachments and Correction of Errors of the State of New York, and the case of Norris v. The City of...   Cases  
Snodgrass v. Cabiness 15 Ala. 160, Supreme Court of Alabama (January 01, 1849) 1849 Error to the Circuit Court of Madison, before the Hon. G. D. Shortridge.   Cases  
248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265