TitleCitationYearSummaryMost RelevantTypeStatus
Fuselier v. Fuselier 5 La.Ann. 132, Supreme Court of Louisiana (February 01, 1850) 1850 Appeal from the District Court of Point Coupée, Farrar, J.   Cases  
Gant v. Gant 29 Tenn. 464, Supreme Court of Tennessee (April 01, 1850) 1850 The chancellor, on motion of the defendant's solicitor, dismissed the bill in this case for want of prosecution, under the act of 1801, ch. 6. The bill was for a divorce. Process of subpoena, to answer was issued, but service thereof was evaded. An attachment for contempt for violation of an injunction was also issued in the cause, the service of...   Cases  
Gardiner v. Bataille 5 La.Ann. 597, Supreme Court of Louisiana (September 01, 1850) 1850 Appeal from the District Court of St, Landry, Overton, J.   Cases  
Gaunt v. Tucker's Ex'rs 18 Ala. 27, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Orphans' Court of Limestone.   Cases  
Gerald v. Bunkley 17 Ala. 170, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Orphans' Court of Montgomery. THIS controversy arose on the final settlement of the estate of William D. Bunkley, deceased, of which his widow, now the wife of Pearly S. Gerald, was appointed administratrix, and of which she and Gordon Bunkley, an infant son of the deceased, were the sole distributees. The facts of the case can be...   Cases  
Glover v. Riddick 11 Ired. 582, Supreme Court of North Carolina (December 01, 1850) 1850 A conversion, to subject a defendant in an action of trover, consists either in an appropriation of the thing to the party's own use and beneficial enjoyment or in its destruction, or in exercising dominion over it, in exclusion or defiance of the plaintiff's rights, or in withholding the possession from the plaintiff, under a claim of right,...   Cases  
Gould v. Hill 18 Ala. 84, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Chancery Court of Mobile. Tried before the the Hon. J. W. Lesesne.   Cases  
Gould v. Hill 18 Ala. 457, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne.   Cases  
Governor v. Campbell 17 Ala. 566, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Montgomery. Tried before the Hon. Geo. W. Stone. THIS was an action of debt by the plaintiff in error against the defendants in error on the official bond of William J. Campbell, late sheriff of Coosa county, to recover the amount due on an execution in favor of David Wheeler against one Jeremiah M. Friou, which...   Cases  
Gray v. Belden 3 Fla. 110, Supreme Court of Florida (January 01, 1850) 1850 A promise or undertaking by a defendant, whose property has been levied on and advertised for sale, to pay a sum of money exceeding in amount the legal interest of the debt for which the execution was issued, upon an agreement by plaintiff to stay the execution for a certain specified time, is a usurious contract; and the sum of money so stipulated...   Cases  
Grayson v. Com. 7 Gratt. 613, General Court of Virginia (June 01, 1850) 1850 The plaintiff in error, at the spring term in the year 1849, of the Superior Court of law and chancery for the county of Culpeper, was indicted for the murder of David W. Miller, and upon his trial was found by the jury guilty of murder in the first degree. He then moved the Court to grant him a new trial, but his motion was overruled, and judgment...   Cases  
Griffin v. Isbell 17 Ala. 184, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward.   Cases  
Habersham v. Hopkins 35 S.C.L. 238, Court of Appeals of Law of South Carolina (February 01, 1850) 1850 Where it was the primary duty of the trustee, under the terms of the deed, to preserve the estate, in remainder, from being defeated or destroyed, it will not be presumed that, before its execution, he joined with the tenant for life in a feoffment to defeat it. Nothing dishonest or base is to be presumed in law. All presumptions are innocent and...   Cases  
Haile v. Hill 13 Mo. 612, Supreme Court of Missouri (October 01, 1850) 1850 In the year 1831, Ferguson Haile died in the State of Louisiana, having previously made a will, whereby after reciting that he had given to his two children by a former marriage (naming them, and the plaintiff in error being one) all he was able or intended to, his remaining property is devised to his wife, Lucy, and her children (by him), to be...   Cases  
Hamilton v. Clements' Adm'rs 17 Ala. 201, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Chancery Court of Randolph. Tried before the Hon. David G. Ligon.   Cases  
Hamilton v. Hurst 5 La.Ann. 150, Supreme Court of Louisiana (February 01, 1850) 1850 Appeal from the District Court of Point Coupée. Farrar, J.   Cases  
Hamilton v. Lewis 13 Mo. 184, Supreme Court of Missouri (January 01, 1850) 1850 The facts of this case as presented by the record and agreed by the parties are as follows, to-wit: On the 11th day of August, in the year of our Lord 1842, the said John Taylor made and published his last will and testament, and within a short time thereafter, died. The provisions of his will in the construction of which the several questions...   Cases  
Hanna v. Bry 5 La.Ann. 651, Supreme Court of Louisiana (October 01, 1850) 1850 Appeal from the District Court of Ouachita, Copley, J.   Cases  
Hanner v. Winburn 7 Ired.Eq. 142, Supreme Court of North Carolina (December 01, 1850) 1850 The case is before us upon exceptions to the Master's report. The first exception is, that the commissioner charges John Armfield with the price of the boy Walker, at $1000 as an advancement, &c., and the evidence does not support the charge. The intestate reserved the title and declared, if he should survive his son John, the boy was his, and the...   Cases  
Hardwick v. Hook 8 Ga. 354, Supreme Court of Georgia (May 01, 1850) 1850 [1.] The claimant, under our laws, being entitled to the custody of the property in dispute, may contract with third persons, as to the possession thereof; and such third persons will be answerable only to the claimant. But if the claimant be a feme covert, and incapable, by reason of such disability, of interposing any claim, coming wrongfully by...   Cases  
Harker v. Dement 9 Gill 7, Court of Appeals of Maryland (June 01, 1850) 1850 The defendant in an action of trover, cannot prove that the title to the property in dispute was not in the plaintiff, but was at the time of the conversion outstanding in a third party, with whom defendant had no connection or privity, either to defeat the action or in mitigation of damages. A defendant in trover cannot set up property in a third...   Cases  
Harris v. Bank of Mobile 5 La.Ann. 538, Supreme Court of Louisiana (June 01, 1850) 1850 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Harris v. Enyart 13 Mo. 108, Supreme Court of Missouri (January 01, 1850) 1850 In this cause Enyart, plaintiff below, commenced his suit in the Marion Circuit Court on a note executed by John W. Burgis, George Holly, John Harris, Jo. Emery & W. C. Smith, to said Enyart for $400, dated on the 6th day of February, 1847, and payable two months after date. The defendants all appeared in the Circuit Court, except Burgis, and plead...   Cases  
Harris v. Harris 7 Ired.Eq. 111, Supreme Court of North Carolina (December 01, 1850) 1850 A feme covert, entitled to a separate estate in personal property, unless there be some clause of restraint of her dominion, may convey it and do all other acts in respect to it, in the same manner, as if she were a feme sole, whether a trustee be interposed or not. The cases of Dick v. Pitchford, 1 Dev. & Bat. Eq. 480, Miller v. Bingham, 1 Ire....   Cases  
Hawkins v. Ridenhour 13 Mo. 125, Supreme Court of Missouri (January 01, 1850) 1850 This was an action of debt brought by Ridenhour, plaintiff below, against Wm. E. Hawkins, administrator, and Nancy Blackwell, administratrix of Richard Blackwell, deceased. The suit was brought on a note for $400, given to the plaintiff by Isaiah King, Thomas I. Veech and Richard Blackwell, bearing 10 per cent. interest from date, payable on or by...   Cases  
Hayden v. Burch 9 Gill 79, Court of Appeals of Maryland (June 01, 1850) 1850 The decision of the question submitted in this case, depends upon the construction of the acts of Assembly in relation to the estates of deceased persons, and the powers conferred by them upon the several orphans courts of the State. The intestate, the father of the appellant, in his lifetime, bought the land in question for $1800. By his consent...   Cases  
Heizer v. Fisher 13 Smedes & M. 672, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 In a controversy between judgment creditors, for the appropriation of money made on execution, where all the judgments were rendered before the act of limitations of the 24th of February, 1844, and the execution sale took place after the 24th of February, 1846, the execution first levied on the property sold will be entitled to the money, without...   Cases  
Hemphill v. Hamilton 11 Ark. 425, Supreme Court of Arkansas (July 01, 1850) 1850 This suit was prosecuted in the name of Robert Hamilton, executor of Samuel P. Carson, deceased, upon a writing obligatory executed by the defendant and others to said Robert Hamilton, executor of the will of Samuel P. Carson, deceased. Before the case was brought to hearing Robert Hamilton, the plaintiff, died, and by consent of parties, the suit...   Cases  
Henderson's Heirs v. Rost 5 La.Ann. 441, Supreme Court of Louisiana (May 01, 1850) 1850 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Henley's Adm'r v. Perkins 6 Gratt. 615, Supreme Court of Appeals of Virginia (January 01, 1850) 1850 (Absent Cabell, P.) L, P & Co. late partners are indebted to B, and it is agreed that P shall take a tract of land belonging to the partners, and pay B, and the title is conveyed to B to be held until P pays him. B makes a lease to P of the land, reserving a rent payable in two, four, and six years, which amounts to his debt, with right of...   Cases  
Heyward v. Wallace 35 S.C.L. 181, Court of Appeals of Law of South Carolina (February 01, 1850) 1850 The presumption always is, in the absence of proof, that the parties to a written agreement between them have, on the subject matter, expressed their whole agreement. Where under the instructions given to the jury they might well be considered as having negatived the sufficiency of the evidence to rebut the presumption that the bill of sale of a...   Cases  
Hicks v. Forrest 6 Ired.Eq. 528, Supreme Court of North Carolina (June 01, 1850) 1850 Mills Taylor died in the year, 1840, intestate, and leaving the following children: James P. Taylor, Elizabeth Jane, wife of John Gill, and Frances, the wife of William P. Forrest. Elizabeth died after her father, and John Gill, her husband, administered on her estate; and William P. Forrest was then duly appointed administrator upon the estate of...   Cases  
Higgins v. City of Princeton 8 N.J. Eq. 309, Court of Chancery of New Jersey (September 01, 1850) 1850 Whether there is any power under a charter to ordain and provide the means for the erection of a market-house, and whether, if there be such power, it has been legally exercised; and whether a market-house can be lawfully erected on a part of the main street running through a city, are questions of law, which this court will not entertain, unless...   Cases  
Higgins v. Ransdall 13 Mo. 205, Supreme Court of Missouri (January 01, 1850) 1850 The facts in this case, as they appear from the record, are that the defendant in error caused a notice to be served on the plaintiff in error, that he, Ransdall, would present to the County Court of Pettis county, on the 1st Monday in December, 1848, for allowance against the estate of Abraham Higgins, deceased, a note and an account, setting out...   Cases  
Higgs v. Huson 8 Ga. 317, Supreme Court of Georgia (March 01, 1850) 1850 [1.] Under the Act of February, 1850, all defects in the bill of exceptions, writ of error and citation, may be amended instanter, and without costs, in conformity with the record of the cause below. [2.] Affidavits of illegality are, upon motion and leave had, amendable instanter, by the insertion of new and independent grounds, provided the...   Cases  
Hillary v. Pollock 13 Pa. 186, Supreme Court of Pennsylvania (March 01, 1850) 1850 This case presents but a single question. The mechanics' lien was filed in the office of the prothonotary, on the 7th day of March 1846, to which was attached by the plaintiff, a bill of particulars, exhibiting the kind and amount of materials furnished for the buildings, the price of each article, and the time furnished; but on the bill of...   Cases  
Hodges v. New England Screw Co. 1 R.I. 312, Supreme Court of Rhode Island (September 01, 1850) 1850 The directors of a corporation are liable in equity as trustees for a fraudulent breach of trust. The primary party to sue for such a breach of trust is the corporation; but, if the corporation refuse to sue or is under the control of the guilty directors, the stockholders may sue in their individual names. Directors are not personally responsible...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Holmes v. Liptrot 8 Ga. 279, Supreme Court of Georgia (February 01, 1850) 1850 [1.] Where L and T executed a marriage settlement, in contemplation of marriage, in which L, the intended wife, declared that it was her desire that all her property should be kept and assured to her separate use and enjoyment forever, and that her trustee should keep, preserve, and assure the same forever unto L, the intended wife, to her entire...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Hooks v. Branch Bank at Montgomery 18 Ala. 451, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Macon. Tried before the Hon. John J. Woodward.   Cases  
Hooks v. Smith 18 Ala. 338, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Sumter. Tried before the Hon. Geo. Goldthwaite.   Cases  
Hooper v. Edwards 18 Ala. 280, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Russell. Tried before the Hon. John J. Woodward.   Cases  
Hoover v. Sellers 5 La.Ann. 180, Supreme Court of Louisiana (March 01, 1850) 1850 Appeal from the District Court of Carroll. Snyder, J.   Cases  
Hoozer v. Buckner 11 B.Mon. 183, Court of Appeals of Kentucky (January 10, 1850) 1850 Taxes. Pleadings. Distress for Taxes. ERROR TO THE CALDWELL CIRCUIT. Cases stated pleadings, etc. THESE four cases present substantially the same question. Two of them are actions of replevin, and the other two are actions of trespass, brought against the plaintiff in error, on account of his having seized and taken into his possession property...   Cases  
Hopkins v. Buck 5 La.Ann. 487, Supreme Court of Louisiana (May 01, 1850) 1850 Appeal from the Third District Court of New Orleans. Kennedy, J.   Cases  
Hopkins v. Hopkins 23 S.C.Eq. 207, Court of Appeals of Equity of South Carolina (May 01, 1850) 1850 If there be a general or continuing agency, the statute will not commence to run until the termination of the agency; but if the agency be special, and relate to isolated transactions, in regard to which the agent received special authority from his principal to act for him in those particular matters, then the statute of limitations will commence...   Cases  
Hopper v. McWhorter 18 Ala. 229, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Montgomery. Tried before the Hon. Sam'l Chapman.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Hubbard v. State 10 Ark. 378, Supreme Court of Arkansas (January 01, 1850) 1850 It has been long well settled that, in misdemeanors, there can be no accessories, either before or after the fact, but all persons concerned therein, if guilty at all, are principals. By act of the Legislature, approved 18th January, 1843, (Digest, p. 344, secs. 8, 9, 10,) to cut or remove any timber or stone off any sixteenth section of land...   Cases  
Hughes' Adm'r v. Wickliffe 11 B.Mon. 202, Court of Appeals of Kentucky (January 14, 1850) 1850 Injunction Bonds. Sureties in Injunction Bonds. Damages. ERROR TO THE WASHINGTON CIRCUIT. The case stated, judgment, etc. THIS is an action of covenant brought by Wickliffe and Nourse upon the injunction bond executed to them on the 27th October, 1819, by Stephen Lee, with Thos. C. Roberts and John Hughes, Jr., his securities. Hughes having died,...   Cases  
Hughes v. Winfrey 5 La.Ann. 668, Supreme Court of Louisiana (October 01, 1850) 1850 Appeal from the District Court of Morehouse.   Cases  
Hull v. Hull 3 Rich.Eq. 65, Court of Appeals of Equity of South Carolina (November 01, 1850) 1850 The direction in a will, that the executor, out of the testator's estate pay off all his just debts and funeral expenses, is some evidence, that the testator intended that the personalty-the fund at the executors's disposal- should be first used for the payment of debts. Where the testator, himself, gives no direction on the subject, the personal...   Cases  
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