| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Mapp v. Thompson |
9 Ga. 42, Supreme Court of Georgia (August 01, 1850) |
1850 |
[1.] In an action on a forthcoming bond, given by a claimant, a plea of tender of the property, levied on after the day of sale, is bad. The bond is forfeited by a failure to deliver the property at the time and place of sale, and no subsequent act of the obligors can relieve them from such forfeiture. [2.] To charge the obligors on a delivery... |
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Cases |
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| Marcos v. Barcas |
5 La.Ann. 265, Supreme Court of Louisiana (April 01, 1850) |
1850 |
Appeal from the First District Court of New Orleans, McHenry, J. |
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Cases |
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| Mark v. Clark |
11 B.Mon. 44, Court of Appeals of Kentucky (December 14, 1850) |
1850 |
Case stated and pleading. THIS is an action of covenant upon a bond executed by John Mark, to Eliza Ann Bradley, now Mrs. Clark, in which for and in consideration of the natural love and affection which he bears to his niece, he bound himself to pay her one thousand dollars in three annual installments, and that he should lay out said sum in... |
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Cases |
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| Marsh's Heirs v. Marsh's Devisees |
10 B.Mon. 360, Court of Appeals of Kentucky (July 11, 1850) |
1850 |
Wills. Personal Estate. Its exoneration from Debts. ERROR TO THE BOURBON CIRCUIT. The question presented in the case. THIS bill was filed by a portion of the heirs of N. C. Marsh against his devisees and his administrator with the will annexed, to obtain administration of the personal estate of the testator; and the bill having been dismissed, the... |
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Cases |
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| Martin v. Martin |
13 Mo. 36, Supreme Court of Missouri (January 01, 1850) |
1850 |
On the 25th day of September, 1846, Samuel Martin, administrator of the estate of Russell Martin, deceased, filed in the office of the clerk of the Circuit Court of the county of Callaway, his bill in chancery against William R. Martin, his co-administrator and others, defendants in said suit. The bill charges, that about the year 1820, Russell... |
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Cases |
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| Martin v. Williams |
18 Ala. 190, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. |
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Cases |
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| Mary v. Brown |
5 La.Ann. 269, Supreme Court of Louisiana (April 01, 1850) |
1850 |
Appeal from the District Court of Concordia, Farrar, J. |
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Cases |
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| Matheney v. McDonald |
36 S.C.L. 77, Court of Appeals of Law of South Carolina (May 01, 1850) |
1850 |
The sheriff's jailor, who, it appeared, had occasionally served process, but who was neither employed by him as a regular deputy, nor considered as such by others, bid off, at a sale by the sheriff, in the name of another, a lot of land for which he had previously bargained with the defendant in execution, at a stipulated price, independent of what... |
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Cases |
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| Mathews v. Clifton |
13 Smedes & M. 330, High Court of Errors and Appeals of Mississippi (January 01, 1850) |
1850 |
After a sheriff has made a sale of real estate under execution to A., and subsequently, at the request of A., his bid, by B.'s consent, is transferred to B., who assumes to the sheriff to pay it, and fails to do so, the plaintiff in execution cannot have the property resold, and hold B. liable for the difference between the first bid made by A.,... |
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Cases |
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| Matthews v. Wilson |
5 La.Ann. 691, Supreme Court of Louisiana (October 01, 1850) |
1850 |
Appeal from the District Court of Morehouse, Copley, J. |
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Cases |
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| Maulden v. Armistead |
18 Ala. 500, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Chancery Court of Marengo. Tried before the Hon. J. W. Lesesne. |
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Cases |
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| Maxwell v. Griswold |
51 U.S. 242, Supreme Court of the United States (December 01, 1850) |
1850 |
The points ruled in the preceding case of Greely v. Thompson and Forman adopted and applied to this case also, so far as they are applicable. Where the collector insisted upon either having the goods appraised at the value at the time of shipment, the consequence of which would have been an addition of so much to the invoice price as to subject the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Maxwell v. Harrison |
8 Ga. 61, Supreme Court of Georgia (January 01, 1850) |
1850 |
[1.] The true criterion for determining whether an amendment is admissible, is this: whether the amendment is of another cause of controversy, or whether it is the same contract, or injury, and a mere permission to lay it in a manner which the plaintiff considers will best correspond with the nature of his complaint, and with the proof and 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. |
| Maxwell v. Mallard |
5 La.Ann. 702, Supreme Court of Louisiana (November 01, 1850) |
1850 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| May v. Jameson |
11 Ark. 368, Supreme Court of Arkansas (July 01, 1850) |
1850 |
In an action upon a judgment of a court of record of another state, where the transcript of the judgment shows personal service upon, and appearance to the action by defendant, he cannot contradict the record in these respects by parol evidence. The return of the sheriff, and the recitals in the record, as to service upon, and appearance by... |
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Cases |
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| McAllister v. State |
17 Ala. 434, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Barbour. Tried before the Hon. Thos. A. Walker. |
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Cases |
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| McCallister v. Brand's Heirs |
11 B.Mon. 370, Court of Appeals of Kentucky (March 14, 1850) |
1850 |
Case stated, and purport of John Brand's will. ON the 9th day of September, 1849, John Brand died, possessed of a large estate, real, personal and mixed, of which he had made a disposition by a will, dated in December, 1848. By that will he devised to his wife, Mrs. Elizabeth Brand, for her life, and in lieu of dower, his residence in Lexington,... |
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Cases |
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| McCaskill v. Elliot |
36 S.C.L. 196, Court of Appeals of Law of South Carolina (May 01, 1850) |
1850 |
In case for wrongfully keeping a dog, which bit the plaintiff: held, that whatever was calculated to establish the dangerous propensity of the animal in sufficient degree, tended to support the allegation in a count, that the defendant knew the dog was of a ferocious and mischievous nature, and was properly left to the jury-that such a count was... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| McClanahan v. Davis |
49 U.S. 170, Supreme Court of the United States (January 01, 1850) |
1850 |
The assent of an executor must be obtained before a legatee can take possession of a legacy. But this assent may be implied, and an assent to the interest of the tenant for life in a chattel inures to vest the interest of the remainder. Therefore, where a bill averred the possession of the subject of the legacy by the life-tenant in pursuance of... |
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Cases |
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| McCleland v. Bideman |
5 La.Ann. 563, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of St. Landry. Overton, J. |
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Cases |
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| McClure v. Shroyer |
13 Mo. 104, Supreme Court of Missouri (January 01, 1850) |
1850 |
On the 11th September, 1847, Shroyer and McClure having open and unsettled accounts respectively against each other, agreed in writing, under their hands and seals, to submit such matters of difference to the arbitration of three persons, upon whose award a judgment of the Circuit Court should be rendered. By a supplemental agreement, signed and... |
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Cases |
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| McCreeliss' Distributees v. Hinkle |
17 Ala. 459, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Orphans' Court of Lowndes. |
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Cases |
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| McGill v. Armour |
52 U.S. 142, Supreme Court of the United States (December 01, 1850) |
1850 |
THIS case was brought up, by writ of error, from the Circuit Court of the United States for the District of Louisiana. As the decision turned upon a question of pleading, it is proper to insert the petition, and the exceptions which were taken to it, by way of demurrer. The petition was as follows. To the Honorable the Judges of the Circuit Court... |
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Cases |
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| McIlvaine v. Armfield |
5 La.Ann. 302, Supreme Court of Louisiana (April 01, 1850) |
1850 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| McLeran v. McKethan |
7 Ired.Eq. 70, Supreme Court of North Carolina (December 01, 1850) |
1850 |
There was an ademption of $200 of the money legacy by the collection and expenditure of that sum by the testator. There is an implied gift of the residue of the money to the testator's wife, if she should need it; and, as the cause is heard on the bill and answer, and the defendant states expressly that it was applied to her necessary support, the... |
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Cases |
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| McMaster v. Booth |
3 Code Rep. 111 (August 01, 1850) |
1850 |
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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| McRae v. McRae |
11 Ired. 366, Supreme Court of North Carolina (December 01, 1850) |
1850 |
This was debt on a bond for $360. The defence was, that payment was not to be made, until the defendant, as guardian of the children of Hugh McRae, could raise the money out of the rents and profits of the property of his wards. His Honor was of opinion, that such was the proper construction of the bond. In this, we think, there is error. It is... |
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Cases |
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| McWhorter v. Beavers |
8 Ga. 300, Supreme Court of Georgia (March 01, 1850) |
1850 |
[1.] Where property of a defendant in execution is seized and sold by the Sheriff, and there is no warranty of title, on the part of the defendant in execution, or the Sheriff, the maxim of caveat emptor applies to the purchaser of property at Sheriff's sale; and the purchaser at Sheriff's sale cannot maintain an action against the defendant in... |
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Cases |
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| Means v. Means |
36 S.C.L. 167, Court of Appeals of Law of South Carolina (May 01, 1850) |
1850 |
There is no standard for the sufficiency of evidence, to induce belief, and the various degrees of more or less, must ordinarily be left to the unprejudiced consideration of the jury. When the execution of a will has been marked by circumstances of fair dealing, and the subscribing witnesses have been above suspicion, fully aware of their duty, and... |
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Cases |
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| Melvin v. Robinson |
7 Ired.Eq. 80, Supreme Court of North Carolina (December 01, 1850) |
1850 |
The bill was filed originally to enjoin a judgment at law upon a bond, executed by the complainant to the defendant, Robinson, and by him assigned to the defendant, Mathis. The answers came in at Fall Term 1845, of the Court of Equity for Sampson County; and upon motion by the counsel of the defendants, the injunction previously granted was... |
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Cases |
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| Meux v. Anthony |
11 Ark. 411, Supreme Court of Arkansas (July 01, 1850) |
1850 |
Equitable relief against a fraudulent contract in favor of a creditor or purchaser, rests on three principal grounds. 1st, that the party complaining has rights; 2d, that they are affected by such contract; 3d, that the contract is in fact fraudulent. To entitle a creditor to come into a court of equity to set aside a fraudulent sale and subject... |
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Cases |
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| Mims' Ex'rs v. Sturtevant |
18 Ala. 359, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Conecuh. Tried before the Hon. Nathan Cook. |
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Cases |
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| Moffatt v. State |
11 Ark. 169, Supreme Court of Arkansas (July 01, 1850) |
1850 |
As a general rule, it is sufficient certainty in an indictment upon a statute, to allege the offence in the language of the act; but there are cases where more particularity is required, either from the obvious intention of the legislature, or from the application of known principles of law. No general rule applicable to every class of statutes has... |
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Cases |
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| Moore v. State |
1 Morr.St.Cas. 464, High Court of Errors and Appeals of Mississippi (January 01, 1850) |
1850 |
It is the settled law in this state, that an indictment is defective if the name of the prosecutor be not indorsed upon it according to the directions of the statute. And that defect will not be cured if the indorsement be made after verdict, and pending a motion in arrest of judgment; it seems it must be made before the indictment goes to the... |
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Cases |
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| Moore v. Steele |
29 Tenn. 562, Supreme Court of Tennessee (April 01, 1850) |
1850 |
This is an issue of devisavit vel non. The following paper was propounded as the will of Clara Moore: By request. Memorandum of Clara Moore's will. My boy, Mark, I give to my son, Billy. The rest of my property I give to the children of my two boys, Davy and Jonathan. I have a clock, a spinning wheel, two beds and bedsteads, counterpanes, a few... |
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Cases |
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| Morgan v. Morgan |
5 La.Ann. 230, Supreme Court of Louisiana (March 01, 1850) |
1850 |
Appeal from the District Court of St. Tammany, Stirling, J. |
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Cases |
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| Morgan v. Yarborough |
5 La.Ann. 316, Supreme Court of Louisiana (April 01, 1850) |
1850 |
Appeal from the District Court of East Feliciana, Burke, J. |
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Cases |
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| Moseley v. Moss |
6 Gratt. 534, Supreme Court of Appeals of Virginia (January 01, 1850) |
1850 |
In order to determine whether the Circuit court erred in overruling the defendant's demurrers to the several counts of the plaintiff's declaration, it is necessary to ascertain in the first place, whether the case falls within the influence of the 8th section of the act to suppress duelling. Supp. Rev. Code 284. That section provides that,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Moses v. State |
30 Tenn. 232, Supreme Court of Tennessee (December 01, 1850) |
1850 |
The plaintiff in error was indicted and convicted, in the circuit court of Sumner county, for the murder of John W. Lauderdale, his master. A motion was made for a new trial, which was overruled, and the prisoner appealed to this court. On the trial of the prisoner, the following persons were declared to be competent jurors; were proposed to the... |
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Cases |
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| Moye v. Albritton |
7 Ired.Eq. 62, Supreme Court of North Carolina (December 01, 1850) |
1850 |
If an administrator gives a preference to a creditor, who is not entitled to it, he commits a devastavit, and is chargeable for the same assets to another, whose debt is of higher dignity or whose diligence gives him priority; and this, though it may have been done through an honest mistake. And the rule is the same in Equity, in this respect, as... |
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Cases |
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| Muir v. Cross |
10 B.Mon. 277, Court of Appeals of Kentucky (June 15, 1850) |
1850 |
The case stated ON the 22nd day of February, 1842, M. Hill conveyed a tract of land to E. B. Haskins by deed, reciting the consideration as being secured by four notes for $1,095 each, payable in cash notes, and at annual intervals, the two last falling due in the years 1845 and 1846, respectively. On the same 22nd February, T. Cross also conveyed... |
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Cases |
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| Mulligan v. Wallace |
3 Rich.Eq. 111, Court of Appeals of Equity of South Carolina (November 01, 1850) |
1850 |
Defendant, a Commissioner in Equity, having funds of the Court to the amount of about $1,600, in his hands, was ordered by the Court to invest the same at interest, on good personal security; one M. owed the defendant, on his private account, about $1,000, and defendant, as Commissioner, loaned M. the $1,600, on bond and personal security,... |
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Cases |
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| Myers v. Daviess |
10 B.Mon. 394, Court of Appeals of Kentucky (July 06, 1850) |
1850 |
The case stated. J. H. DAVIESS, by his last will, vested his whole estate, real, personal and mixed, in John Rowan and James Meade and the survivors of them, and in such trustee as such survivor should appoint by deed or will; and if they died without making such appointment, then Samuel Daviess and Daniel Gross, or the survivor of them, were to be... |
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Cases |
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| Myers v. Gilbert |
18 Ala. 467, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Mobile. Tried before the Hon. John Bragg. |
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Cases |
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| Nelson's Ex'r v. Page |
7 Gratt. 160, Supreme Court of Appeals of Virginia (November 18, 1850) |
1850 |
The Court is of opinion, that partial payments made by the executor to legatees from time to time on account, though upon a settlement and adjustment of accounts thereafter, it should appear that such advances may exceed the amount to which some of the legatees were entitled, does not constitute such an actual settlement of the executor's account,... |
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Cases |
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| Newman v. Pryor |
18 Ala. 186, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. |
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Cases |
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| Nixon v. Long |
11 Ired. 428, Supreme Court of North Carolina (December 01, 1850) |
1850 |
The defendant offered to prove by parol, that it was a condition of the covenant, that Nixon was to bring suit on the note. The Court rejected the evidence, and to this the defendant excepts. There is no error. We can see no reason for making an exception, in this case, to the rule, that a written instrument cannot be added to, varied, or explained... |
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Cases |
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| Noland v. Leech |
10 Ark. 504, Supreme Court of Arkansas (January 01, 1850) |
1850 |
Numerous points are raised and assigned for error, which we will examine in the order in which they arise upon the record. The first relates to the ruling of the circuit court in respect to the entertaining of the application for a change of venue without a previous notice to the defendant below. The exception taken was not to the decision of the... |
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Cases |
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| O'Blennis v. Corri |
5 La.Ann. 101, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by plaintiff from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| O'Bryan v. O'Bryan |
13 Mo. 16, Supreme Court of Missouri (January 01, 1850) |
1850 |
This was a bill filed by a husband against his wife, on the 6th of December, 1847, in the Cooper Circuit Court, for a divorce upon the ground of adultery. The adulteries are charged to have been committed in Cooper county on various occasions, in the years 1844 and 1847, with Thomas Saunders, John Saunders and Eli Cuthrell. The defendant in her... |
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Cases |
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