| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Solomon v. Cavelier |
4 La.Ann. 136, Supreme Court of Louisiana (February 01, 1849) |
1849 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Spence v. Bagwell |
6 Gratt. 444, Supreme Court of Appeals of Virginia (October 01, 1849) |
1849 |
The judgment is affirmed. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Spikes v. English |
35 S.C.L. 34, Court of Appeals of Law of South Carolina (December 01, 1849) |
1849 |
An action on the case for knowingly and fraudulently selling and representing as unpaid, a single bill which had been paid, was held to have been properly brought by the party to whom the bill had been sold, although he had transferred it to another, by written assignment without recourse, for valuable consideration. The Court refusing to look... |
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Cases |
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| Squires v. Smith |
10 B.Mon. 33, Court of Appeals of Kentucky (December 13, 1849) |
1849 |
Mortgages. Replevin. ERROR TO THE BOURBON CIRCUIT. The case stated. THIS is an action of replevin, by John B. Smith against Squires, &c., for taking some horses, which the plaintiff avers to be his property, taken from his possession by the defendants. The defendants plead not guilty, but, by agreement, leave was given to either party to give in... |
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Cases |
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| Stapler v. Hurt's Ex'rs |
16 Ala. 799, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Chancery Court of Russell. Before the Hon. W. W. Mason, chancellor. |
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Cases |
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| Starnes v. Quin |
6 Ga. 84, Supreme Court of Georgia (January 01, 1849) |
1849 |
[1.] One of several tenants in common, may sue separately in trover, and the defendant may plead the non-joinder in abatement; but if he fail so to plead, he cannot take advantage of it on the trial, nor by motion in arrest, but will be confined to giving in evidence the interest of the other tenants in common, in mitigation of damages. And the... |
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Cases |
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| State Bank v. Godden |
15 Ala. 616, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the 22d Chancery District, before the Hon. W. W. Mason, Chancellor. |
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Cases |
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| State v. Banton |
4 La.Ann. 31, Supreme Court of Louisiana (January 01, 1849) |
1849 |
Appeal from the First District Court of New Orleans, McHenry, J. |
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Cases |
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| State v. Brown |
34 S.C.L. 508, Court of Appeals of Law of South Carolina (May 01, 1849) |
1849 |
Where in an indictment, there is one good count and the others are defective, if the proof applies to the good count, judgment will be given accordingly. In organizing a jury for the trial of a criminal case, the practice is to present to the prisoner for challenge, the juries number one and two, impanneled and sworn, beginning with the foreman of... |
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Cases |
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| State v. Henry |
9 Ired. 463, Supreme Court of North Carolina (June 01, 1849) |
1849 |
We concur with his Honor, that there was evidence to be left to the jury, (and we think strong evidence,) that the prisoner was the person, who made the outcry and gave the false alarm of fire. We also concur with him, that there was evidence to be left to the jury, of the felonious intent, charged in that indictment. But as to that part of the... |
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Cases |
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| State v. Hildreth |
9 Ired. 429, Supreme Court of North Carolina (June 01, 1849) |
1849 |
In an indictment for homicide, it is the province and duty of the Court to inform the jury, upon the supposition of the truth of the facts, as being agreed on or found by the jury, what the degree of the homicide is. Where the State, in a prosecution for a homicide, relies upon the ground of express malice, the witnesses can only prove the... |
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Cases |
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| State v. Hildreth |
9 Ired. 440, Supreme Court of North Carolina (June 01, 1849) |
1849 |
One, who is present and sees that a felony is about to be committed and does in no manner interfere, does not thereby participate in the felony committed. Every one may, upon such an occasion, interfere, to prevent, if he can, the perpetration of the felony, but he is not bound to do so, at the peril, otherwise, of partaking of the guilt. It is... |
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Cases |
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| State v. Jones |
5 Tex. 383, Supreme Court of Texas (December 01, 1849) |
1849 |
Corn and cotton the produce of the preceding year were not liable, under the act of 1846, to taxation in the hands of the planter, although that act taxed all property, both real and personal, and contained no exemption as to the species of property in question. Appeal from Matagorda. This suit was brought by the State to recover a penalty of... |
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Cases |
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| State v. Monasterio |
4 La.Ann. 380, Supreme Court of Louisiana (June 01, 1849) |
1849 |
Appeal from the First District Court of New Orleans, McHenry, J. |
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Cases |
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| State v. Morris |
4 La.Ann. 177, Supreme Court of Louisiana (March 01, 1849) |
1849 |
Appeal from the District Court of St. Helena, Penn, J. |
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Cases |
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| State v. Stephen |
15 Ala. 534, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Sumter. Before the Hon. George Goldthwaite. |
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Cases |
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| State v. Stewart |
9 Ired. 342, Supreme Court of North Carolina (June 01, 1849) |
1849 |
There was no error in refusing the instruction. The counsel for the prisoner fell into an error in supposing, that circumstantial evidence was secondary evidence. In the State v. Martin, 2 Ire. 120, it is held, to be in the discretion of the prosecuting officer, what witnesses he will examine. If other witnesses can shed more light on the... |
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Cases |
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| State v. Watts |
10 Ired. 369, Supreme Court of North Carolina (December 01, 1849) |
1849 |
On an indictment for marrying a female infant under the age of fifteen years, where the defendant relies upon the Statute of limitations as to prosecutions for misdemeanors, Rev. Stat. ch. 35, sec. 8, proof that the marriage was by consent of the mother and was solemnized by a minister of the gospel in the presence of six or seven persons, and that... |
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Cases |
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| Stewart v. Lewis |
16 Ala. 734, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Orphans' Court of Montgomery. Tried before the Hon. Adam C. Felder. |
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Cases |
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| Stewart v. Pattison |
8 Gill 46, Court of Appeals of Maryland (June 01, 1849) |
1849 |
In the distribution, by the orphans court of Dorchester county, of the personal estate of the late James Pattison, various questions arose, and the decision of them by the court, gave rise to these several appeals. Of them it is now designed to dispose. There is proof in the case, that the deceased, sometime before his death, furnished his... |
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Cases |
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| Stockton v. Craddick |
4 La.Ann. 282, 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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| Stone v. Buckner |
12 Smedes & M. 73, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
B. and C. owned a tract of land jointly, in equal interests; C. bound himself in a penalty to S. and R. to convey to them a good title to the whole tract; B. and C. subsequently made a deed in fee of the whole land to S., who gave a mortgage for the purchase money; on a bill by B. and C. to foreclose the mortgage, held, that R. could not resist the... |
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Cases |
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| Stovall v. Johnson |
17 Ala. 14, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Morgan. Tried before the the Hon. Thos. A. Walker. THIS was an action of assumpsit by the plaintiff against the defendant in error to recover the value of a crop of corn and cotton, sold and delivered, & c. The facts of the case are sufficiently set out in the opinion of the court. The court charged the jury, that if... |
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Cases |
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| Stover & Barnes v. Duren |
34 S.C.L. 448, Court of Appeals of Law of South Carolina (May 01, 1849) |
1849 |
The presumption of payment, from lapse of twenty years, is a presumption of fact, but one which has acquired an artificial force. In considering admissions to rebut it, the same principles are applicable as in considering admissions to take a cause of action out of the statute of limitations. After the expiration of full twenty years, a mere... |
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Cases |
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| Stowe v. Davis |
10 Ired. 431, Supreme Court of North Carolina (December 01, 1849) |
1849 |
The Court holds, that the premises passed to the widow for life, with remainder to the heirs of Abraham, under the description of the plantation whereon I now live. If the case stood upon the words of the will alone, without any evidence respecting the two tracts of land, upon parts of both of which was situate the portion under culture by the... |
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Cases |
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| Strain v. Wright |
7 Ga. 568, Supreme Court of Georgia (November 01, 1849) |
1849 |
[1.] The contracts of infants are not void, but voidable, at the election of the infant, when arriving at full age. [2.] When an infant purchases property of an adult, and gives his note for the purchase money, and receives the property into his possession, and after arriving at full age, disaffirms the contract by a plea of infancy to a suit upon... |
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Cases |
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| Stringer v. Jacobs |
9 Ark. 497, Supreme Court of Arkansas (January 01, 1849) |
1849 |
The court below clearly erred in overruling the defendant's motion to strike the case, as certified, from the docket. The statute declares that when an order for a change of venue shall be made by the court, or judge thereof, in vacation, the clerk of such court shall immediately make out, and transmit to the proper court, a copy of the order,... |
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Cases |
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| Studstill v. State |
7 Ga. 2, Supreme Court of Georgia (June 01, 1849) |
1849 |
[1.] Where defendants indicted jointly, sever on the trial, it is the privilege of the State's counsel to elect which shall be tried first; and where issue is joined upon a plea of autrefois acquit by one defendant, before he announces himself ready for trial on the merits, and that issue is disposed of, this does not amount to an election by the... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Succession of Bringier |
4 La.Ann. 389, Supreme Court of Louisiana (June 01, 1849) |
1849 |
Appeal from the District Court of Ascension, Nicholls, J. |
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Cases |
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| Succession of Dupuy |
4 La.Ann. 570, Supreme Court of Louisiana (December 01, 1849) |
1849 |
Appeal from the First District Court of New Orleans, M'Henry, J. |
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Cases |
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| Succession of Foster |
4 La.Ann. 479, Supreme Court of Louisiana (September 01, 1849) |
1849 |
Appeal from the District Court of St. Mary, Voorhies, J. |
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Cases |
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| Succession of Gremillon |
4 La.Ann. 411, Supreme Court of Louisiana (June 01, 1849) |
1849 |
Appeal from the District Court of Pointe Coupée, Farrar, J. |
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Cases |
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| Succession of Lee |
4 La.Ann. 578, Supreme Court of Louisiana (December 01, 1849) |
1849 |
Appeal from the District Court of Plaquemines, Rousseau, J. |
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Cases |
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| Succession of Montgomery |
4 La.Ann. 420, Supreme Court of Louisiana (June 01, 1849) |
1849 |
Appeal from the District Court of Madison, Selby, J. |
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Cases |
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| Succession of Wells |
4 La.Ann. 522, Supreme Court of Louisiana (October 01, 1849) |
1849 |
Appeal from the District Court of Caddo, Olcott, J. |
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Cases |
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| Summerlin v. Gibson |
15 Ala. 406, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Chancery Court of the 19th District. Before the Hon. David G. Ligon, Chancellor. |
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Cases |
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| Talbot v. Dent |
9 B.Mon. 526, Court of Appeals of Kentucky (September 25, 1849) |
1849 |
Writs of Prohibition. Taxation. Legislative Power. APPEAL FROM THE JEFFERSON CIRCUIT. Case stated and decision of the Circuit Court. IN September, 1848, Talbot filed his petition in the Jefferson Circuit Court, praying for a writ of prohibition, forbidding Dent, a collector for the city of Louisville, to proceed farther in coercing the tax assessed... |
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Cases |
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| Talley v. Starke's Adm'x |
6 Gratt. 339, Supreme Court of Appeals of Virginia (October 01, 1849) |
1849 |
(Absent Cabell, P. and Brooke, J.) 1. Testator says, Believing that a division of my property at this time, would be ruinous to the general interest of my wife and our children, my will and desire is that all my estate, (after payment of my debts as before provided for,) be kept together until my youngest child comes of age; to be controlled and... |
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Cases |
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| Tate's Ex'rs v. Hunter |
22 S.C.Eq. 136, Court of Appeals of Equity of South Carolina (November 01, 1849) |
1849 |
Complainant's testator, in his lifetime, had brought an action of assumpsit against the sheriff for a sum of money collected by him under the process of the Court of Law, and retained to be applied to an execution which had been assigned to defendant. The suit had abated by the death of the testator, renewed by the complainants, his executors, and... |
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Cases |
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| Taylor v. Hendrick's Adm'r |
9 B.Mon. 597, Court of Appeals of Kentucky (October 01, 1849) |
1849 |
Administrators. Husband and Wife. ERROR TO THE WARREN CIRCUIT. Case stated. B. W. HENDRICK having, as the administrator of Robert Hendrick, made advances for the estate beyond the assets in his hands, whereby he became a creditor to the amount of more than $2,000, Baker, as administrator of B. W. Hendrick, filed this bill against the heir of Robert... |
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Cases |
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| Taylor v. Horsey |
5 Harr. 131 (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... |
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Trial Court Orders |
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| Tew v. Labiche |
4 La.Ann. 526, Supreme Court of Louisiana (October 01, 1849) |
1849 |
Appeal from the District Court of Catahoula, Barry, J. |
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Cases |
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| The Malaga |
2 Am. Law J. (N.S.) 97, District Court, ED Pennsylvania (January 01, 1849) |
1849 |
This was a libel by Charles J. Lovett, Josiah Lovett, Jr., Elliott Woodbury, and Seward Lee, captain and owners of the brig Malaga, against John E. Bispham, commander of the United States brig Boxer, to recover damages for an alleged unlawful detention of libellants' brig. |
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Cases |
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| The Ohio |
1 Newb.Adm. 409, District Court, ED Louisiana (November 01, 1849) |
1849 |
In admiralty. |
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Cases |
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| The Relampago |
23 F.Cas. 158, District Court, SD Florida (December 01, 1849) |
1849 |
This was a libel by Alden Stone, Williams, and others against the schooner Relampago (Wakeman, master), to recover passage money. |
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Cases |
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| Thomas v. Brinsfield |
7 Ga. 154, Supreme Court of Georgia (July 01, 1849) |
1849 |
[1.] Trusts intended by the Courts of Equity, not to be reached or affected by the Statute of Limitations, are those technical, continuing trusts which are not at all cognizable at Law, but fall within the proper, peculiar and exclusive jurisdiction of Courts of Chancery. In Equity. In Stewart Superior Court. Tried before Judge ALEXANDER, April... |
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Cases |
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| Thomas v. Denton |
15 Ala. 583, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Chancery Court of the 23d District. Before the Hon. W. W. Mason, Chancellor. |
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Cases |
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| Thomas v. Young |
5 Tex. 253, Supreme Court of Texas (January 01, 1849) |
1849 |
Although amendments of the pleadings cannot regularly be made without leave of the court first had, yet if the court upon motion refuse to strike out amendments filed without leave, it will be considered tantamount to permission to file them. (Note 46.) Our statute authorizes the defendant to plead in set-off any claim which he may have acquired... |
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Cases |
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| Thompson v. Mapp |
6 Ga. 260, Supreme Court of Georgia (February 01, 1849) |
1849 |
[1.] In an action on a forthcoming bond, conditioned to deliver property to the Sheriff at the time and place of sale, when required by him: Held, that it was unnecessary to prove a personal demand of the property, the advertisement being a sufficient notice to the party, [2.] Under the Act of 1847, to compel discovery at Common Law, the party to... |
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Cases |
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| Thompson v. Mylne |
4 La.Ann. 212, Supreme Court of Louisiana (March 01, 1849) |
1849 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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