| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Barnette v. Hicks |
6 Tex. 352, Supreme Court of Texas (January 01, 1851) |
1851 |
There is no bill of exceptions, but the parties consented by an agreement on the record that the judge should make out a statement of facts after the adjournment of the court; and no exception is taken by the appellee to the want of a bill of exceptions, nor to the time when the judge's statement was filed. But his counsel has in his brief treated... |
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| Barron v. Tart |
18 Ala. 668, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the County Court of Perry. |
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Cases |
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| Bascom v. Lane |
9 West.L.J. 162, Circuit Court, D New York (November 11, 1851) |
1851 |
In equity. Bill by Henry B. Bascom and others, commissioners appointed by the general conference of the Methodist Episcopal Church South, against George Lane and another, agents of the book concern of the Methodist Episcopal Church, for a settlement and division of property of the church. Decree for complainants. |
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| Basye v. Beard's Ex'r |
12 B.Mon. 581, Court of Appeals of Kentucky (October 02, 1851) |
1851 |
Case stated and reference to 7 B. Monroe, 133, etc., for the facts of the case between the parties. IN 1839, Basye filed a bill against Beard's representatives as non-residents, attaching certain debts due to Beard's estate as means of satisfying a bond of indemnity executed by Beard to indemnify him from all loss damage, expense, trouble, etc.,... |
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| Beall v. Blake |
10 Ga. 449, Supreme Court of Georgia (August 01, 1851) |
1851 |
[1.] When a plea to a bill in Chancery is adjudged a good defence in part, and ordered to stand for an answer, it is a sufficient answer to so much of the bill as it covers, unless by the order liberty is given to the complainant to except. [2.] When a defendant consents to answer, or having pleaded, is ordered to answer, he must answer fully. [3.]... |
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| Beall v. Hilliary |
1 Md. 186, Court of Appeals of Maryland (December 01, 1851) |
1851 |
The parties were executors of B. Tomlinson, deceased, and this suit was instituted for the purpose of compelling the appellant to account for, and to pay over to the appellee or into court, certain claims alleged to be due by the appellant to the testator. The appellant denies that he is indebted. And the first question presented in argument is,... |
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| Beavers v. Davis |
19 Ala. 82, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Chancery Court of Shelby. Tried before the Hon. W. W. Mason. |
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| Beavin v. Hardin |
11 B.Mon. 331, Court of Appeals of Kentucky (March 14, 1851) |
1851 |
Mortgagor and Mortgagee. APPEAL FROM THE MARION CIRCUIT. THE mortgage from Lewis T. Hardin, did not assign, and did not purport to transfer to Beavin, either the mortgage made by Mark Hardin to Lewis T. Hardin, or the debts secured by that instrument. There is, in fact, not the slightest allusion to the latter, nor any intimation that Mark Hardin... |
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| Bell v. Calhoun |
8 Gratt. 22, Supreme Court of Appeals of Virginia (August 16, 1851) |
1851 |
The Court is of opinion that there is no error in so much of the decree of the Circuit court as approves the verdict of the jury, ascertaining that the assignment and trust deed in the bill and proceedings mentioned, were founded in a corrupt and usurious agreement and contract between the appellants and the appellee, and ascertaining the amount of... |
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| Bell v. State |
31 Tenn. 42, Supreme Court of Tennessee (September 01, 1851) |
1851 |
The plaintiff in error was indicted and convicted in the circuit court of Blount for the utterance of certain grossly obscene words in public and in the hearing of divers persons, in the town of Louisville in said county. The different words alleged to have been spoken are set forth in three different counts. This was necessary to the validity of... |
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| Bellamy v. Bellamy |
4 Fla. 242, Supreme Court of Florida (January 01, 1851) |
1851 |
This case comes by appeal from Jackson Circuit Court, and a motion made to dismiss the appeal because the decree rendered in the case below is not final. The appellants, by counsel, contend that this court has jurisdiction to entertain appeals in chancery cases from interlocutory decrees, and if not, that the decree rendered in this case is final... |
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| Benjamin v. Davis |
6 La.Ann. 472, Supreme Court of Louisiana (May 01, 1851) |
1851 |
Appeal from the District Court of West Feliciana, Stirling, J. |
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Cases |
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| Bernard v. Auguste |
6 La.Ann. 24, Supreme Court of Louisiana (January 01, 1851) |
1851 |
Appeal from the Third District Court of New Orleans. Kennedy, J. |
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| Betts v. Betts |
18 Ala. 787, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne. |
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Cases |
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| Birdsale v. Lakey |
6 La.Ann. 646, Supreme Court of Louisiana (September 01, 1851) |
1851 |
Appeal from the District Court of St. Martin, Voorhies, J. |
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Cases |
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| Blanchet v. Dugat |
5 Tex. 507, Supreme Court of Texas (January 01, 1851) |
1851 |
Quere whether married women married before the act of 1840 had the right to manage their separate property. Whatever their rights were, were secured to them by that act. The relation between husband and wife is such that she is often called upon to act as his impliedly authorized agent, even in the management of his own property; more especially... |
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| Bogardus v. Trinity Church |
4 Sand. Ch. 633, Chancery Court of New York (January 01, 1851) |
1851 |
In ascertaining facts relative to the possession and claim of lands, which occurred more than a century prior to the inquiry, courts receive evidence, which would be inadmissible, if offered to prove events occurring within the period of the memory of living witnesses. In such cases, the statements of historians of established merit, (as to facts... |
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| Bomar v. Mullins |
4 Rich.Eq. 80, Court of Appeals of Equity of South Carolina (November 01, 1851) |
1851 |
The right of an administrator to interfere at all with the lands of his intestate, is so equivocal, that his claim to the rents and profits will not be recognized, where the lands are held by adverse title.Semble. Wife having a life estate in land, husband conveys it to a trustee for her sole and separate use for life, with right to dispose... |
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| Booth v. Stamper |
10 Ga. 109, Supreme Court of Georgia (July 01, 1851) |
1851 |
The protest of the plaintiff in error, against joining in the demurrer, ought to have been sustained. A motion had been made previous to the last amendment to the bill, to dismiss it for want of equity, and because the complainant had an adequate remedy at Law. This motion was in effect, a demurrer. The presiding Judge sustained the motion and... |
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| Borden v. State, to Use of Robinson |
11 Ark. 519, Supreme Court of Arkansas (January 01, 1851) |
1851 |
By the Court: Scott, J.-Notice before judicial sentence is not a law of nature; or, at least, not such in a sense that would make a human law non-obligatory that would circumscribe the sphere of its operation. Nor has the common law consecrated it as such by a strict conformity to its mandates. It follows that there may be an obligatory law... |
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| Bowie v. Free |
3 Rich.Eq. 403, Court of Appeals of Equity of South Carolina (May 01, 1851) |
1851 |
Where a judgment, confessed for a much larger amount than is actually due the plaintiff, and intended not only to secure the amount actually due but also to defraud other creditors of defendant, is set aside, at the suit of creditors, for the actual fraud, the plaintiff in the judgment will not be allowed to retain its lien, as against the other... |
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| Bowles' Ex'r v. Elmore's Adm'x |
7 Gratt. 385, Supreme Court of Appeals of Virginia (May 05, 1851) |
1851 |
In my view of this case it is unnecessary to decide whether the Court below erred in permitting the plea of the act of limitations and list of offsets to be filed; being of opinion that it did not err in deciding the other questions which arose in the case. I think the Court did not err in permitting the replication to the plea of the act of... |
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| Bowles v. His Creditors |
6 La.Ann. 679, Supreme Court of Louisiana (September 01, 1851) |
1851 |
Appeal from the District Court of St. Mary, Voorhies, J. |
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Cases |
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| Boykin v. O'Hara |
6 La.Ann. 115, Supreme Court of Louisiana (February 01, 1851) |
1851 |
Appeal from the District Court of Terrebonne, Randall, J. |
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| Boyle v. Swanson |
6 La.Ann. 263, Supreme Court of Louisiana (March 01, 1851) |
1851 |
Appeal from the District Court of West Feliciana, Penn, J. |
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Cases |
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| Brander v. Goodin |
6 La.Ann. 521, Supreme Court of Louisiana (May 01, 1851) |
1851 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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| Brassfield v. Brown |
4 Rich. 298, Court of Appeals of Law of South Carolina (January 01, 1851) |
1851 |
Action to recover damages for breach of copartnership agreement. Verdict for plaintiff; and new trial ordered for want of sufficient evidence to sustain it. |
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| Brewer v. Connell |
30 Tenn. 500, Supreme Court of Tennessee (April 01, 1851) |
1851 |
The bill and proof in this case, disclose that during the winter of 1847-48, Hening Brewer, became exasperated at his wife, the complainant, and her eldest son, and his anger was so much inflamed, that he threatened the life of his son, and that he would inflict stripes on his wife. He was addicted to intoxication; was coarse and brutal towards his... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Brinson v. Wharton |
8 Ired.Eq. 80, Supreme Court of North Carolina (December 01, 1851) |
1851 |
Abraham Wharton died in 1809, leaving surviving him, his widow, Sarah Wharton, and five children, namely, David and Elizabeth, the wife of John Dudley, who are defendants: and John, Sarah, and Cassandra, all of whom died intestate, and without issue, in the lifetime of the widow. The plaintiff, Brinson, is the administrator of John and Sarah; and... |
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| Brooke v. Washington |
8 Gratt. 248, Supreme Court of Appeals of Virginia (December 01, 1851) |
1851 |
(Absent Cabell, P.) A partnership for the manufacture of iron is composed of four persons, the names of two of whom do not appear; and they live at a distance. The acting partners buy land in their own name for the purpose of obtaining from it wood to be used in the manufacture of iron, and so far as it is paid for it is paid for out of the... |
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| Broome v. Curry's Adm'rs |
19 Ala. 805, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Circuit Court of Marengo. Tried before the Hon. Geo. D. Shortridge. |
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| Broughton v. Telfer |
3 Rich.Eq. 431, Court of Appeals of Equity of South Carolina (May 01, 1851) |
1851 |
Where plaintiff in his bill alleges the execution and delivery of a deed, under which defendant claims, and calls for its production, defendant, upon his producing it at the trial, cannot be required to prove its execution and delivery. Where one by his will recognizes and confirms a deed he had previously made, he establishes the sealing and... |
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| Brown v. Postell |
4 Rich.Eq. 71, Court of Appeals of Equity of South Carolina (November 01, 1851) |
1851 |
A decree determining a case upon its merits, but ordering a reference to ascertain the amount due, and not determining the mode in which satisfaction should be made of the amount when ascertained, may be appealed from when an appeal is taken from the decree on the report. Conveyance of property in trust, that husband and wife and his children... |
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| Brown v. Smith |
3 Rich.Eq. 465, Court of Appeals of Equity of South Carolina (May 01, 1851) |
1851 |
Under peculiar circumstances, and after a lapse of sixteen years, an injunction, to stay proceedings at law, dissolved, irrespective of any consideration of the merits of the questions at issue between the parties. A claim may be too stale for investigation in a Court of Equity, even where it may not be subject to the bar of the statute of... |
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| Brown v. Timmany |
20 Ohio 81, Supreme Court of Ohio, In Bank (December 01, 1851) |
1851 |
Money paid on an agreement, entered into on Sunday, may be recovered back so long as the contract remains executory. Aliter-If the agreement has been executed. |
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| Bryan v. Bridge |
6 Tex. 137, Supreme Court of Texas (January 01, 1851) |
1851 |
There can be no doubt as to the power of the District Court to quash a sheriff's return in proper cases; as where the levy and return are not in accordance with law, or where the facts stated in the return show that there was in fact no levy. It is essential to the validity of a levy on personal property that the officer should make seizure or take... |
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Cases |
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| Buddy v. The Vanleer |
6 La.Ann. 34, Supreme Court of Louisiana (January 01, 1851) |
1851 |
Appeal from the Fourth District Court of New Orleans. Strawbridge, J. |
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| Buffaloe v. Baugh |
12 Ired. 201, Supreme Court of North Carolina (June 01, 1851) |
1851 |
The will of William Andrews was admitted to probate in 1828, and, the executors having renounced, John Dunn was appointed adminstrator with the will annexed. Among others, there is this clause: 4th. I lend to my son William Andrews one half of my Ruffin tract of land: also one fourth of my other property; and at his death, I lend the same to his... |
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| Buist v. Dawes |
3 Rich.Eq. 281, Court of Appeals of Equity of South Carolina (January 01, 1851) |
1851 |
Testator, after disposing specifically of some few articles of insignificant value, gave several small pecuniary legacies, concluding as follows: and all the rest of monies coming to me from the estate of my father, or from any other quarter, I give and bequeath to J. S.; there was money, and nothing else, coming to testator from the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Burrow v. State |
12 Ark. 65, Supreme Court of Arkansas (July 01, 1851) |
1851 |
In an indictment for false pretenses, it is not sufficient to charge false pretenses in general terms; but it is necessary to set them out specifically and with strict certainty. False pretenses, within the meaning of the statute, must be of some existing fact, and not of future transactions, as held in McKenzie v. The State, 11 Ark., 594. Hence,... |
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Cases |
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| Burrows v. Peirce |
6 La.Ann. 297, Supreme Court of Louisiana (April 01, 1851) |
1851 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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| Burton v. Wheeler |
7 Ired.Eq. 217, Supreme Court of North Carolina (August 01, 1851) |
1851 |
A executed a mortgage to B, to secure the payment of a certain debt due from A to B, and also transferred to B, without endorsement, four notes on a third person. B, at the same time, executed a deed, in which it was stipulated that B should not call on A, or hold him liable, until the insolvency or inability to pay of the obligors is... |
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| Byers v. Fowler |
12 Ark. 218, Supreme Court of Arkansas (July 01, 1851) |
1851 |
A judgment of a circuit court of the United States, rendered, by default, upon a return of the marshall showing a defective service of the writ upon defendant, might be reversed, on error, but cannot be treated as a nullity when questioned in a collateral proceeding. The circuit courts of the United States are endowed with such general jurisdiction... |
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| Byrd v. Clendenin |
11 Ark. 572, Supreme Court of Arkansas (January 01, 1851) |
1851 |
Judgment by confession under a power of attorney in the circuit court; no entry of record showing that the execution of the power of attorney was proven before the judgment was rendered; execution issued on the judgment, and defendant's property sold; action of trespass by the defendant against the plaintiffs, their attorney, the judge, and the... |
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| Cammack v. Daunis |
6 La.Ann. 117, Supreme Court of Louisiana (February 01, 1851) |
1851 |
Appeal from the District Court of Lafourche, Randall, J. |
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| Campbell v. Boyce |
4 Rich. 391, Court of Appeals of Law of South Carolina (January 01, 1851) |
1851 |
On a bond to R., plaintiff was principal, and defendant surety: T., by letter to defendant, guaranteed plaintiff's payment of the bond: defendant received a sum of money less than the bond, on a bill which had been remitted to him to be placed to the credit of plaintiff, but by mistake made a wrong entry, so that the fact of his having received the... |
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| Campbell v. Wilson |
6 Tex. 379, Supreme Court of Texas (January 01, 1851) |
1851 |
The general principle of international law seems to be that without a proceeding in rem of personal notice to the defendant by process served within the territory jurisdiction can not be rightfully exercised; for, considered in an international point of view, jurisdiction to be rightfully exercised must be founded on the person being within... |
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| Cannon v. Hemphill |
7 Tex. 184, Supreme Court of Texas (January 01, 1851) |
1851 |
It is not necessary that a decree of the District Court should be signed by the presiding judge. Where a consent decree occurred in the transcript of the papers on file and proceedings in a cause, it was presumed that the decree was entered upon the minutes of the court, and not merely an agreement which had been filed and had not been carried into... |
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| Carlton v. Price |
10 Ga. 495, Supreme Court of Georgia (October 01, 1851) |
1851 |
[1.] The only question made in this case, is as to the construction of the second clause of the will of the testatrix. By the second clause of the will, the testatrix made the following bequest: I give and bequeath to my son Robert W. Carlton, during his natural life, and at his death to the lawfully begotten heirs of his body, the following... |
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Cases |
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| Carmouche v. Bouis |
6 La.Ann. 95, Supreme Court of Louisiana (February 01, 1851) |
1851 |
Appeal from the District Court of Pointe Coupée, Farrar, J. |
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Cases |
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