TitleCitationYearSummaryMost RelevantTypeStatus
Bouligny v. White 5 La.Ann. 31, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by defendants from the District Court of Jefferson, Clarke, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Brabston v. Gibson 50 U.S. 263, Supreme Court of the United States (January 01, 1850) 1850 THIS case was brought up, by writ of error, from the Circuit Court of the United States for Louisiana. Ann Brabston was a citizen of Mississippi, and Gibson of Louisiana. The facts in the case were somewhat complicated. There was a case agreed in the Circuit Court, which is inserted in this statement; but in consequence of a reference...   Cases  
Bradford v. Greenway 17 Ala. 797, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Chancery Court of Madison. Tried before the Hon. D. G. Ligon. THE facts are sufficiently stated in the opinion of the court.   Cases  
Braley v. Clarke 18 Ala. 436, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Tuscaloosa. Tried before the Hon. Jno. D. Phelan.   Cases  
Brazier v. Burt 18 Ala. 201, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Lowndes. Tried before the Hon. Geo. W. Stone.   Cases  
Bridgers v. Hutchins 11 Ired. 68, Supreme Court of North Carolina (June 01, 1850) 1850 The decree must be affirmed with costs. A gift to the husband during coverture is undoubtedly an advancement to the wife: and it is quite clear, that the release of cancelling of the bonds of the child, with the intention thereby to prefer him in life, is as much an advancement as so much cash. Gilbert v. Wetherell, 2 Simons and Stuart, 254.   Cases  
Briscoe v. Tarkington 5 La.Ann. 692, Supreme Court of Louisiana (October 01, 1850) 1850 Appeal from the District Court of Bienville. Olcott, J.   Cases  
Brittin v. State 10 Ark. 299, Supreme Court of Arkansas (January 01, 1850) 1850 Where an exception is contained in a clause subsequent to that creating the offence, an indictment need not state that the defendant does not come within the exception: otherwise, when the proviso or exception is in the same clause of the statute. An indictment for keeping open a store on Sunday need not aver a criminal intent: the statute makes...   Cases  
Brodie v. Skelton 11 Ark. 120, Supreme Court of Arkansas (January 01, 1850) 1850 The first error assigned relates to the suffiency of the notice upon the defendants, Brodie, Ball and Reynolds. This assignment involves two distinct questions. The first respects the sufficiency of the order of publication itself; and the second, the proof going to show that it had been made in accordance with the statute. The 13th and 16th sec....   Cases  
Brooks v. Hardwick 5 La.Ann. 675, Supreme Court of Louisiana (October 01, 1850) 1850 Appeal from the District Court of Caddo, Olcott, J.   Cases  
Brothers v. Brothers 7 Ired.Eq. 150, Supreme Court of North Carolina (December 01, 1850) 1850 The plaintiff has by his proofs made good his allegation, that the defendant bought the property at the sale, made by him as trustee, by the instrumentality of Hinton, who bid off the property as his agent. Nothing has been done amounting to an affirmation of the sale, and the plaintiff applies within a reasonable time to have it set aside, and the...   Cases  
Broussard v. Dugas 5 La.Ann. 585, Supreme Court of Louisiana (September 01, 1850) 1850 Appeal from the District Court of St. Landry, Overton, J.   Cases  
Brown v. Brown 7 Ired.Eq. 30, Supreme Court of North Carolina (August 01, 1850) 1850 The will of James Brown contains the following clause: I will and bequeath to my three sons, James L. Brown, Alexander Brown, and William M. Brown, the tract of land, whereon I now live, to be divided equally among them, Alexander to have the house, where I now live; James to have the house where he now lives, and William to have his part on the...   Cases  
Brown v. Wilcox 14 Smedes & M. 127, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 It is an established rule, in the construction of statutes, not to give a retrospective effect to a law, unless it is the manifest intention of the legislature that such construction should be placed upon it. In construing, therefore, the act of limitations of 1844, the 8th section of which provided, that no person should sue out an...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Brunk v. Means 11 B.Mon. 214, Court of Appeals of Kentucky (January 17, 1850) 1850 Cased stated as appearing in a former suit. IN 1816, Samuel Alexander was appointed the guardian of Robert K. Means, Young J. Means, and Samuel E. Means, and executed a guardian's bond with William Hoxie and Jacob Brunk as his sureties. Jacob Brunk, one of the sureties, died in 1818, and his son Noah Brunk, who was his only child and heir at law,...   Cases  
Bryan v. Dubois 5 La.Ann. 17, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by plaintiff from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Bryan v. Lashley 13 Smedes & M. 284, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 An attachment will be sustained by summoning a debtor of the defendant, without an actual levy on property, real or personal. The return on an attachment at the suit of B. against L., Garnisheed M. in the presence of J., March 2d, 1849, is equivalent to a return that M. had been summoned to answer as garnishee of L., the debtor in the...   Cases  
Burk v. Howard 13 Mo. 241, Supreme Court of Missouri (March 01, 1850) 1850 Howard sued Burk, in assumpsit, for money loaned to his wife under the following circumstances: Burk was a steamboat pilot, and while absent upon the river his wife was in the habit of transacting business for him as his agent. In the year 1837, Howard was introduced to Mrs. Burk by one Charles Smith, and at his instance loaned her two hundred...   Cases  
Bynum v. Bynum 11 Ired. 632, Supreme Court of North Carolina (December 01, 1850) 1850 Although it be not error to refrain from giving instructions, unless they be asked for; yet the Judge, when he does give instructions, either of his own motion or at the party's, should give them in such a way, that they be not in themselves erroneous, or so framed as to mislead the jury. In order to satisfy that part of the law, which requires the...   Cases  
Byrd v. Chase 10 Ark. 602, Supreme Court of Arkansas (January 01, 1850) 1850 In Fitzgerald v. Beebe, (7 Ark. 306,) this Court held that, at common law, assumpsit did not lie for use and occupation, but was a statutory remedy, which is adhered to, though the decisions of other courts on this point are conflicting. To maintain assumpsit under our statute for use and occupation, the relation of landlord and tenant must exist....   Cases  
Campbell v. Botts 5 La.Ann. 106, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by defendant from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Campbell v. Doss 17 Ala. 401, Supreme Court of Alabama (January 01, 1850) 1850 Error to the County Court of Dallas.   Cases  
Carmanty v. Mexican Gulf Ry. Co. 5 La.Ann. 703, Supreme Court of Louisiana (November 01, 1850) 1850 Appeal from the Fifth District Court of New Orleans. Buchanan, J.   Cases  
Carpenter v. Hall 18 Ala. 439, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne.   Cases  
Carrier v. Hampton 11 Ired. 307, Supreme Court of North Carolina (August 01, 1850) 1850 The deed to the defendant was, the Court thinks, properly excluded. As creditors and purchasers are not parties to the controversy, but only those who are party and privy to the instrument, the old cases would have allowed it to be proved on the trial, as a conveyance at common law and read, without reference to its attestation, probate and...   Cases  
Carter v. Carter 14 Smedes & M. 59, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 Whether an agreement of separation between a man and his wife be invalid, because not in writing quere? However that may be, it is clear such an agreement, to be valid and binding, can only be made through the medium of a trustee; if therefore made directly between husband and wife, it cannot be specifically enforced, even as to the property...   Cases  
Carter v. Rolland 30 Tenn. 333, Supreme Court of Tennessee (December 01, 1850) 1850 On the 30th of June, 1850, the defendants, John Rolland and Sarah, his wife, executed to Benjamin Carter a deed in full for all the property, real and personal, to which said Sarah was entitled, under the will of Benjamin Carter, of Camden, South Carolina, upon the following trusts, that is to say: For the use and benefit of the said John and his...   Cases  
Cathcart v. Chandler 36 S.C.L. 19, Court of Appeals of Law of South Carolina (May 01, 1850) 1850 Defendant was the tenant of the plaintiffs' intestate, for the year 1849. The premises were sold in fee in Nov. 1849. Proclamation was made at the opening of the sale, (which embraced various tracts of land) that possession would not be delivered until the ensuing January. The circuit Judge concluded from the testimony, that this proclamation was...   Cases  
Cathcart v. Foulke 13 Mo. 561, Supreme Court of Missouri (October 01, 1850) 1850 This case comes before this court by appeal from the St. Louis Court of Common Pleas. The parties below submitted the case to the determination of the Court of Common Pleas, upon an agreed statement of facts, and that court found for the defendants. The plaintiff moved for a new trial, which being denied him, he brings the case to this court. It...   Cases  
Cathcart v. Keirnaghan 36 S.C.L. 129, Court of Appeals of Law of South Carolina (May 01, 1850) 1850 At a sale by an auctioneer, the authority of a purchaser may be given to the auctioneer's clerk, before, or at the time of the entry; and a subsequent assent of the purchaser, may confirm an entry made without authority. The evidence given to show the authority or assent of the purchaser, should go to the jury. The whole contract of sale, made by...   Cases  
Cay v. Galliott 35 S.C.L. 282, Court of Appeals of Law of South Carolina (February 01, 1850) 1850 The Master in Equity, on granting an injunction to stay the enforcement of an execution, took the bond of the applicant, for the sum recovered, payable to himself, his successors in office, &c instead of taking it payable to the plaintiff at law, in the express terms of the Act of 1784. The bond was held to be substantially a...   Cases  
Chambers v. Perry 17 Ala. 726, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Chancery Court of Perry. Tried before the Hon. Wilie W. Mason.   Cases  
Chapman v. Gray 8 Ga. 341, Supreme Court of Georgia (May 01, 1850) 1850 [1.] A valid agreement may be made between husband and wife, through the intervention of a trustee, for an immediate separation, and for a separate allowance to the wife, for her support. [2.] The agreement for a separation cannot be supported, unless the separation takes place immediately upon the execution of such agreement. Of course it will be...   Cases  
Cheney v. Higginbotham 10 Ark. 273, Supreme Court of Arkansas (January 01, 1850) 1850 A plea of no-consideration, without stating the circumstances attending the execution of the contract sued on, held to be a good plea. But if, under such a plea, there appears to have been any consideration whatever, though insufficient or inadequate, the proof does not sustain the plea. Writ of error to Dallas Circuit Court. Debt determined in the...   Cases  
Cherry v. Clements 29 Tenn. 552, Supreme Court of Tennessee (April 01, 1850) 1850 The complainants, as executors of Daniel Cherry, deceased, recovered judgment against the defendant, William R. B. Clements, in the circuit court of Haywood, for upwards of $600; and said Clements being insolvent, this bill is brought to subject the separate estate to his wife, the defendant, Sally A. Clements, to the satisfaction of said judgment....   Cases  
Chew v. President, etc., Farmers' Bank of Maryland 9 Gill 361, Court of Appeals of Maryland (December 01, 1850) 1850 By the act of 1798, ch. 101, sub-ch. 13, a widow may become entitled to dower after having accepted a devise in the will, in lieu of dower, provided nothing passes by such devise, but in such cases there must be clear proof that the provisions for her in the will is of no value. Where a testator devises land which he had previously mortgaged, and...   Cases  
Chilton's Adm'r v. Chapman 13 Mo. 470, Supreme Court of Missouri (July 01, 1850) 1850 The plaintiff's intestate instituted his action, in the Chariton Circuit Court, against the defendant, to recover from him one half of a debt the plaintiff had paid to the Branch Bank of Missouri, at Fayette, for the payment of which the plaintiff and defendant were securities of one Thomas Chilton, who was the principal debtor to the bank. There...   Cases  
Citizens' Bank v. Dugue 5 La.Ann. 12, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by defendant from the District Court of Jefferson. Clarke, J.   Cases  
City Council of Charleston v. Wentworth Street Baptist Church 35 S.C.L. 306, Court of Appeals of Law of South Carolina (February 01, 1850) 1850 The Ordinance of the City Council of Charleston, entitled An Ordinance to prevent the establishment of any new burial grounds within the limits of the City, is both constitutional and within the powers granted to them by the City charter. The law will never, by any construction, advance a private to the destruction of a public interest; but, on...   Cases  
City Council v. Ahrens 35 S.C.L. 241, Court of Appeals of Law of South Carolina (February 01, 1850) 1850 An Ordinance of the City Council of Charleston, imposing a penalty upon retail grocers for having spirituous liquors on their premises, without a license to retail the same, is not in derogation of the common rights of the citizen, but a legal restraint imposed on a few for the benefit of the many, and within the powers delegated to the Council,...   Cases  
City of St. Louis v. Allen 13 Mo. 400, Supreme Court of Missouri (March 01, 1850) 1850 The defendant in error filed his bill of equity at the November term, 1846, of the St. Louis Circuit Court, against the city of St. Louis, plaintiff in error, to restrain the said city, its officers and agents, from selling certain lands for taxes, assessed therein by said city, and praying for general relief, &c. The bill sets forth the locality...   Cases  
Clements v. Berry 52 U.S. 398, Supreme Court of the United States (December 01, 1850) 1850 THIS case was brought up from the Supreme Court of Tennessee, by a writ of error issued under the twenty-fifth section of the Judiciary Act. Clements, the plaintiff in error, was the marshal of the United States District of Middle Tennessee. The action was a replevin brought by Berry against Clements, in the Circuit Court of Davidson County,...   Cases  
Clough v. Thompson 7 Gratt. 26, Supreme Court of Appeals of Virginia (May 04, 1850) 1850 (Absent, Cabell, P.) 1. Upon taking the oath of insolvency all the property and rights of the insolvent debtor are vested in the sheriff, who, as representing the creditor, is entitled to assert the legal and equitable rights of the creditor, and to set aside fraudulent conveyances of the insolvent, and recover the property for the benefit of the...   Cases  
Coleman v. Wooley's Ex'r 10 B.Mon. 320, Court of Appeals of Kentucky (June 26, 1850) 1850 Femes covert. Separate estate. Attorney's fees. ERROR TO THE FAYETTE CIRCUIT. Case stated. THIS suit was instituted by Wooley setting up in his bill several demands against Mrs. Coleman, and particularly a claim of five hundred dollars as a fee for defending, at her instance, her son, who was charged with having committed murder. The other claims...   Cases  
Collins v. Mitchell 3 Fla. 4, Supreme Court of Florida (January 01, 1850) 1850 A bond conditioned for the forthcoming property to abide the final order of the Court, varies from the condition of the bond provided by the statute which is for the forthcoming of the property replevined, and to abide the final order of the Court. In an action of debt on a bond given under attachment process, pursuing...   Cases  
Collins v. Turner 9 Ga. 112, Supreme Court of Georgia (August 01, 1850) 1850 [1.] The dismission of a writ of error in this Court, confirms the judgment below. This is true by our own ruling. We dismiss a writ for defective pleadings. Our judgment, in that case, is not upon the merits of the cause as made in the pleadings. It is upon the sufficiency of the pleadings, and nothing else. The confirmation of the judgment is the...   Cases  
Compton's Ex'rs v. Compton 5 La.Ann. 615, Supreme Court of Louisiana (September 01, 1850) 1850 Appeal from the District Court of Rapides, Cushman, J.   Cases  
Conant v. Guesnard 5 La.Ann. 696, Supreme Court of Louisiana (November 01, 1850) 1850 Appeal from the First District Court of New Orleans, Larue, J.   Cases  
Conrad v. Griffey 52 U.S. 480, Supreme Court of the United States (December 01, 1850) 1850 THIS case brought up, by writ of error, from the Circuit Court of the United States for Louisiana. There was only one point of evidence involved. Three exceptions were taken during the progress of the trial by the plaintiff below, but, as the verdict was in his favor, they were not argued here. On the 26th of March, Conrad, being a Louisiana...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Coulter v. Robertson 14 Smedes & M. 18, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 Where an original contract is illegal, any subsequent contract which carries it into effect, is also illegal. When the consideration of a contract is impeached for illegality, if the subject-matter of the contract can be traced back to an original illegal contract, the substituted security is void; and this is the case even though the parties...   Cases  
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