| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Smith v. Cameron |
11 Ired. 572, Supreme Court of North Carolina (December 01, 1850) |
1850 |
An overseer is not strictly a bailee, though many of the principles of that relation and many of its duties attach to him. It is his duty to take such care of the property entrusted to him, as a man of ordinary prudence would take of his own property. Appeal from the Superior Court of Law of Bladen County, at a Special Term in December 1850, his... |
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| Smith v. Com. |
7 Gratt. 593, General Court of Virginia (June 01, 1850) |
1850 |
The judgment is affirmed. |
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Cases |
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| Spence v. State |
17 Ala. 192, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Choctaw. Tried before the Hon. John Bragg. |
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Cases |
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| State v. Cherry |
11 Ired. 475, Supreme Court of North Carolina (December 01, 1850) |
1850 |
Whether, when a man presents a pistol at another, threatening to shoot, and the pistol is not loaded, he is guilty of an assault, may admit of some question, but the man charged, clearly, cannot be excused, unless he proves that it was not loaded. The State is not bound to prove that it was loaded. Appeal from the Superior Court of Law of Martin... |
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| State v. Clark |
35 S.C.L. 311, Court of Appeals of Law of South Carolina (February 01, 1850) |
1850 |
A denial of guilt is not excluded by the terms of the rule which excludes confessions, nor is it excluded by the reason of the rule. The denial of the prisoner that he had been near the place of the theft, or had even seen the stolen goods, may be given in evidence and shown to be untrue, for the purpose of establishing his guilt. Though the... |
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Cases |
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| State v. Hackett |
5 La.Ann. 91, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by defendant from the Fourth District Court of New Orleans. Strawbridge, J. This was an application for a mandamus upon the relation of John L. Lewis, the sheriff of the parish of Orleans, against the defendant who was keeper of the workhouse of the Municipality No. Two. |
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| State v. Jervey |
35 S.C.L. 304, Court of Appeals of Law of South Carolina (February 01, 1850) |
1850 |
A public officer, against whom, for any official act, a prohibition may be sought, is not liable for the costs of the motion, or of any proceeding which may ensue. |
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| State v. Levy |
5 La.Ann. 64, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal from the First District Court of New Orleans. McHenry, J. |
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Cases |
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| State v. Richardson |
18 Ala. 109, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Washington. Tried before the Hon. John Bragg. |
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Cases |
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| State v. Simons |
35 S.C.L. 266, Court of Appeals of Law of South Carolina (January 01, 1850) |
1850 |
Upon the trial of an indictment for conspiracy, when evidence has been given which warrants the jury to consider whether the prisoner was engaged in the alleged conspiracy, and had combined with others for the same illegal purpose, any act done or declarations made by one of the party, in pursuance and promotion of the common object, are evidence... |
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| State v. Sutcliffe |
35 S.C.L. 372, Court of Appeals of Law of South Carolina (February 01, 1850) |
1850 |
The Court of Appeals may give judgment after dismissal of an appeal in case of felony; and this, although the appeal has been abandoned and benefit of clergy prayed. Where the indictment charges the burning of a house, benefit of clergy is not taken away by the statutes which take it from the burning of a dwelling house, or barn having corn or... |
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Cases |
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| State v. Teideman |
35 S.C.L. 300, Court of Appeals of Law of South Carolina (February 01, 1850) |
1850 |
Indictment for knowingly receiving stolen goods. The Court sustained the verdict against the defendant, it having been proved that he received the goods from the servant of a carrier, and concealed them; and circumstances existing amply sufficient to satisfy the jury that the possession of the goods by the servant, had been furtively acquired. One... |
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| State v. Tidwell |
36 S.C.L. 1, Court of Appeals of Law of South Carolina (May 01, 1850) |
1850 |
Defendants were indicted under Stat. 4 and 5 Phil. & M. ch. 8, for abducting a girl under sixteen against the will of her father. Counts were framed on the 3d Section, which punishes such abduction with two years absolute confinement, or fine at discretion, and on the 4th Sec. which punishes a higher degree of the same offence, with five years... |
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| State v. Tilghman |
11 Ired. 513, Supreme Court of North Carolina (December 01, 1850) |
1850 |
We have considered the several questions presented by the case as made up by his Honor, and have come to the conclusion that there is no error. The first exception is untenable. The condition of the deceased was such as to make his declarations, competent evidence, as dying declarations. It is not necessary, that the person should be in articulo... |
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| State v. Weaver |
18 Ala. 293, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Sumter. Tried before the Hon. George W. Stone. |
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Cases |
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| Strong v. Menzies |
6 Ired.Eq. 544, Supreme Court of North Carolina (June 01, 1850) |
1850 |
When, in an injunction bill, the answer admits the equity charged in the bill but brings forward a new fact in avoidance of it, the injunction must be continued until the final hearing. When a voluntary deed of her property is made by a woman, in contemplation of a marriage, afterwards consummated, without the existence of the deed being made known... |
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Cases |
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| Strong's Ex'rs v. Brewer |
17 Ala. 706, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Fayette. Tried before the Hon. Geo. Goldthwaite. THE facts of this case appear sufficiently in the opinion of the court. |
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Cases |
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| Succession of Jordy |
5 La.Ann. 37, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal from the District Court of Jefferson, Clarke. J. |
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Cases |
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| Succession of Key |
5 La.Ann. 567, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of St Mary. Voorhies, J. |
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Cases |
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| Succession of Langley |
5 La.Ann. 199, Supreme Court of Louisiana (March 01, 1850) |
1850 |
Appeal from the District Court of East Baton Rouge, Burk, J. |
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Cases |
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| Succession of Macarty |
5 La.Ann. 434, Supreme Court of Louisiana (May 01, 1850) |
1850 |
Appeal from the Fifth District Court of New Orleans. Buchanan, J. |
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Cases |
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| Succession of Rivet |
5 La.Ann. 142, Supreme Court of Louisiana (February 01, 1850) |
1850 |
Appeal by Widow L. Rivet and J. H. Rils, opposing claimants against the succession, from the District Court of Iberville. Burk, J. |
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Cases |
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| Sullivan v. Pierce |
10 Ark. 500, Supreme Court of Arkansas (January 01, 1850) |
1850 |
To an action on a forfeited delivery bond, a ptea alleging that, after the condition of the bond was broken, plaintiff sued out an alias fi. fa., which was levied upon the property first seized, which was not sold but returned to defendant by order of plaintiff, held no defence to the action. Defendants in such action are estopped from denying, by... |
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| Tate v. Protection Ins. Co. |
20 Conn. 481, Supreme Court of Errors of Connecticut (July 01, 1850) |
1850 |
The plaintiffs, in this case, were insured against the barratry of the mariners, but not against that of the master. The vessel was lost, by reason of the barratry of the second mate, committed after he had succeeded to the command, in consequence of the deaths of the first mate and the master, while the vessel was on her voyage, and in foreign... |
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| Taylor v. Keeton |
29 Tenn. 536, Supreme Court of Tennessee (April 01, 1850) |
1850 |
The bill in this case was filed on the 20th of February, in the circuit court of Decatur. There was a demurrer to the bill, and the plaintiff has appealed to this court; and it is here insisted that the circuit court, in virture of the act of 1838, ch. 156, has concurrent jurisdiction with the court of chancery to entertain the bill, and grant the... |
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| Taylor v. McRa |
3 Rich.Eq. 96, Court of Appeals of Equity of South Carolina (November 01, 1850) |
1850 |
Testator,-having a wife, who was a lunatic, and grand-children, but no lawful child,-by the first clause of his will, devised and bequeathed his whole estate to W. T., in trust for his two illegitimate children; by the second clause he declared, that if the preceding clause should be declared void by any Court in this State, authorised so to... |
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| Taylor v. Stedman |
11 Ired. 447, Supreme Court of North Carolina (December 01, 1850) |
1850 |
The Court does not concur in the directions to the jury. The defendant is entitled to have his words fairly construed, so as to ascertain his real meaning, and the statute must stand as a bar, unless his language be such as, without straining, imports a willingness and intention thereby to assume the debt, or amounts to an unequivocal... |
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| Taylor v. Stone |
13 Smedes & M. 652, High Court of Errors and Appeals of Mississippi (January 01, 1850) |
1850 |
There is no set form of words necessary to create a separate estate in the wife; any terms which show a manifest intention to exclude the right of the hus band, or to show that the wife's control is independent of the husband's power, are sufficient for the purpose. L., in the year 1835, conveyed, in the state of Alabama where the parties lived,... |
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Cases |
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| Terrio v. Guidry |
5 La.Ann. 589, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of Lafayette, Overton, J. |
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Cases |
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| The Huntress |
1 Phila. 122, District Court, ED Pennsylvania (December 09, 1850) |
1850 |
This was a libel for salvage by Charles R. Robson and William Peter against the brig Huntress (John R. Rue, claimant). |
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Cases |
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| Theall v. Lacey |
5 La.Ann. 548, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of the parish of St. Mary, Overton, J. |
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Cases |
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| Thomas v. Kinsey |
8 Ga. 421, Supreme Court of Georgia (May 01, 1850) |
1850 |
[1.] Cross interrogatories are sufficiently answered, when the witness answers them according to a reasonable understanding of their object and meaning. [2.] Interrogatories which have been read on a previous trial, without exception to their execution, cannot be excepted to at a subsequent trial. Failing to except at the first trial, Held a waiver... |
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Cases |
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| Thomas v. Municipality No. 2 |
5 La.Ann. 233, Supreme Court of Louisiana (April 01, 1850) |
1850 |
Appeal from the Second District Court of New Orleans, Canon, J. |
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Cases |
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| Thrower v. Cureton |
23 S.C.Eq. 155, Court of Appeals of Equity of South Carolina (May 01, 1850) |
1850 |
The bill charged that, at a sheriff's sale, the defendant, who controlled the executions under which the plaintiff's land was sold, fraudulently stifled competition, by certain public declarations which he then and there made to the bystanders. The sale took place in February, 1842, and the bill to set it aside was filed on the 26th day of June,... |
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Cases |
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| Thurman v. State |
18 Ala. 276, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Russell. Tried before the Hon. John J. Woodward. |
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Cases |
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| Toomer v. Gadsden |
35 S.C.L. 193, Court of Appeals of Law of South Carolina (February 01, 1850) |
1850 |
If account books offered in evidence are so kept as to be intelligible, there is no reason why they should not be equally admissible whether kept by double or single entries, or by setting apart a page or part of a page, for each customer, and exhibiting in one view the whole account. To make an account book evidence, all that our cases seem to... |
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Cases |
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| Townsend v. Jeffries |
17 Ala. 276, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Madison. Tried before the Hon. Thomas A. Walker. |
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Cases |
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| Townsend v. Jemison |
50 U.S. 407, Supreme Court of the United States (January 01, 1850) |
1850 |
THIS case was brought up, by writ of error, from the District Court of the United States for the Middle District of Alabama. Townsend was a citizen of the State of Mississippi, and Jemison of Alabama. In September, 1844, Jemison brought a suit, in the District Court of the United States for the Middle District of Alabama, against Townsend, who was... |
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Cases |
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| Townsend, Arnold & Co. v. Kleckley |
4 Rich. 206, Court of Appeals of Law of South Carolina (November 01, 1850) |
1850 |
The Act of 1846 concerning sheriffs, examined; how the suggestion and verdict should be shaped, and the judgment be rendered; what is meant by the phrase execute final process used in it. If by reason of the inadequacy of a defendant's means to pay more than an older fi. fa., the utmost exertions of a sheriff would only have resulted... |
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Cases |
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| Trimble v. Turner |
13 Smedes & M. 348, High Court of Errors and Appeals of Mississippi (January 01, 1850) |
1850 |
The law requires a man to devote the whole of his property, with some trivial exceptions, fairly to the payment of his debts; it will not tolerate any subterfuge or device which is intended to divert it from that purpose. The form of the contract or transaction gives it no validity when good faith, which is necessary to the obligation of all... |
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Cases |
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| Tucker v. Magee |
18 Ala. 99, 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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| Turner v. Faucett |
6 Ired.Eq. 549, Supreme Court of North Carolina (June 01, 1850) |
1850 |
One Crane died in April 1842. The plaintiff alleges that Crane owed him a large debt. He commenced a suit at law against Faucett, administrator of the said Crane, and obtained judgment for his debt, admitting the plea of fully administered, and issued a scieri facias against the heirs, who failed to appear and plead; whereupon, on the 15th of... |
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Cases |
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| U.S. v. Boisdore |
52 U.S. 63, Supreme Court of the United States (December 01, 1850) |
1850 |
In adjudicating upon an imperfect title under a Spanish concession, this court again adopts the rule laid down in 10 Peters, 330, 331; viz. Can a court of equity, according to its rules and the laws of Spain, consider the conscience of the king so affected by the acts of his lawful authorities in the province, that he became a trustee for the... |
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| U.S. v. Mayor, Aldermen & Inhabitants of City of Philadelphia |
52 U.S. 609, Supreme Court of the United States (December 01, 1850) |
1850 |
THIS was an appeal from the District Court of the United States for the District of Louisiana. It was a petition filed by the corporate authorities of the cities of Philadelphia and New Orleans, claiming a large body of land under a grant alleged to have been made by the Baron de Carondelet, the Spanish governor of Louisiana, in 1796 and 1797, to... |
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Cases |
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| Union Bank v. Powell's Heirs |
3 Fla. 175, Supreme Court of Florida (January 01, 1850) |
1850 |
This is a proceeding by scire facias issued out of the Circuit Court of Leon County against the heirs and terretenants of Jeremiah Powell, deceased, upon a judgment obtained by the plaintiff in the Superior Court of Leon County at its November Term, A. D. 1838, against John Westcott, Jr., George W. Fletcher, William S. Paulin, James D. Westcott,... |
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Cases |
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| Varner v. Bevil |
17 Ala. 286, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Orphans' Court of Marengo. |
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Cases |
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| Vertner v. Humphreys |
14 Smedes & M. 130, High Court of Errors and Appeals of Mississippi (November 01, 1850) |
1850 |
While it is the law with reference to personal estate, that if a marriage take place in another state, between a man domiciled in this, and a woman in another state, with the intention that this state shall be their domicil after the marriage, and that intention is carried into effect, the rights to the personal property are governed by the laws of... |
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| Villars' Heirs v. Kennedy |
5 La.Ann. 724, Supreme Court of Louisiana (December 01, 1850) |
1850 |
Appeal from the Fifth District Court of New Orleans. Buchanan, J. |
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Cases |
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| Wade v. Marshall |
5 La.Ann. 157, Supreme Court of Louisiana (February 01, 1850) |
1850 |
Appeal from the District Court of Carroll, Snyder, J. |
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Cases |
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| Walker v. Blassingame |
17 Ala. 810, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Talladega. Tried before the Hon. Thos. A. Walker. |
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Cases |
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