| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Webster v. Smith |
6 La.Ann. 719, Supreme Court of Louisiana (October 01, 1851) |
1851 |
Appeal from the District Court of Union. Copley, J. |
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Cases |
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| Weems v. George |
54 U.S. 190, Supreme Court of the United States (December 01, 1851) |
1851 |
THIS case was brought up, by writ of error, from the Circuit Court of the United States for the Eastern District of Louisiana. The plaintiff in error, and Alexander George, being joint owners of certain real property, made a partition of it between them on the 14th of January, 1847, by a written act of partition, and the plaintiff in error... |
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Cases |
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| Welsh v. Terrebonne |
6 La.Ann. 78, Supreme Court of Louisiana (February 01, 1851) |
1851 |
Appeal from the District Court of Lafourche, Randall, J. |
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Cases |
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| Wesley v. State |
30 Tenn. 502, Supreme Court of Tennessee (April 01, 1851) |
1851 |
The prisoner was indicted in the circuit court of Shelby county, for the murder of Baily Anderson, his master, and was found guilty. A motion was made for a new trial, and refused; and sentence of death was pronounced upon him, from which judgment the prisoner appeals to this court. It appears from the record that the prisoner was arraigned and put... |
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Cases |
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| Wheeler v. Durant |
3 Rich.Eq. 452, Court of Appeals of Equity of South Carolina (May 01, 1851) |
1851 |
S. C., by instrument under her hand and seal, attested by three witnesses, (who subscribed without an attestation clause, and simply after the word witness,) and addressed to all whom it may concern, gave in consideration of the natural love and affection which I bear to my grand-children, and others... |
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Cases |
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| White v. Adkins |
18 Ala. 636, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Circuit Court of Limestone. Tried before the Hon. Samuel Chapman. |
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Cases |
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| White v. Johnson |
1 Cushm. 68, High Court of Errors and Appeals of Mississippi (January 01, 1851) |
1851 |
The act of the 24th of February, 1844, amendatory of the several acts of limitations, repealed only so much of the former acts as was entirely inconsistent with its terms and purposes. The 94th section of the act of 1822, (Hutch. Code, 825, ยง 7,) containing a saving clause in favor of minors, femmes covert, and insane persons, in certain... |
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Cases |
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| White v. Sayward |
33 Me. 322, Supreme Judicial Court of Maine (January 01, 1851) |
1851 |
In the argument, the counsel for the defendants attempt to sustain their exceptions on two grounds only. 1. Were the articles published by the defendants in the Whig and Courier, on May 14 and 15, 1849, admissible in evidence? Decisions are relied upon as sustaining each side of this question. In some cases, when such evidence has been pronounced... |
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Cases |
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| White v. Suttle |
31 Tenn. 169, Supreme Court of Tennessee (December 01, 1851) |
1851 |
This is an action of forcible entry and detainer, instituted in the circuit court of Giles, by Suttle against White, to recover the possession of a farm and tract of land containing 466 1-2 acres, known as the Biles place, and damages for such forcible entry and detainer. The action was commenced by writ of summons, issued by the clerk of said... |
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Cases |
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| White v. Union Bank |
6 La.Ann. 162, Supreme Court of Louisiana (February 01, 1851) |
1851 |
Appeal from the District Court of Carroll, Selby, J. |
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Cases |
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| White v. Winnisimmet Co. |
61 Mass. 155, Supreme Judicial Court of Massachusetts (March 01, 1851) |
1851 |
To a certain extent, persons keeping and maintaining a ferry are common carriers, and subject to the liabilities attaching to common carriers. It would be so, if a bale of goods or an article of merchandise was delivered by the owner to the agent of a ferry company, to be carried from one place to another for hire. Upon receiving such goods for... |
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Cases |
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| Whitehead v. Brown |
18 Ala. 682, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Chancery Court of Marion. Tried before the Hon. W. W. Mason. |
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Cases |
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| Whiting v. Beebe |
12 Ark. 421, Supreme Court of Arkansas (July 01, 1851) |
1851 |
This court has repeatedly held original writs void for want of the signature of the clerk, and like defects, but the courts have generally held such defects in judicial process to be amendable. Adhering to the former decisions of this court as to such defects in original writs, yet in view of the enlarged powers of courts in amending judicial... |
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Cases |
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| Williams v. Bizzell |
11 Ark. 716, Supreme Court of Arkansas (January 01, 1851) |
1851 |
This suit was brought to enjoin a judgment at law recovered by defendant Bizzell against complainant, to set aside the transfer and assignment of certain notes assigned by defendant Thompson to Bizzell, as being fraudulent, and to have the money collected thereon applied to the payment of certain debts which complainant alleges he is bound to pay... |
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Cases |
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| Williams v. Harrison |
19 Ala. 277, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Probate Court of Lowndes. |
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Cases |
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| Willis v. Planters' & Merchants' Bank |
19 Ala. 141, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. |
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Cases |
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| Wilson v. Buchanan |
7 Gratt. 334, Supreme Court of Appeals of Virginia (April 28, 1851) |
1851 |
The Court is of opinion, that upon the issue made by the pleadings, and the evidence applicable thereto, there is no error in the decree; and the same is therefore affirmed, with costs to the appellee. But this affirmance of the decree is to be without prejudice to the right of the appellant to shew in any proper proceeding where that matter may be... |
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Cases |
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| Wingate v. Wheat |
6 La.Ann. 238, Supreme Court of Louisiana (March 01, 1851) |
1851 |
Appeal from the District Court of Washington, Stirling, J. |
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Cases |
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| Worthy v. Johnson |
10 Ga. 358, Supreme Court of Georgia (August 01, 1851) |
1851 |
[1.] In Pendergrast and others vs. Foley and another, (8 Geo. R. 1,) this Court held, that where the title to personal property vests in an executor, administrator or other trustee for an infant, who neglects to sue within the time prescribed by law, that the Statute of Limitations shall bind the infant, and that the interest of the minor, under... |
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Cases |
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| Worthy v. Lyon |
18 Ala. 784, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Chancery Court of Chambers. Tried before the Hon. W. W. Mason. |
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Cases |
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| Wright v. Lewis |
5 Rich. 212, Court of Appeals of Law of South Carolina (November 01, 1851) |
1851 |
If testator might have seen the witnesses subscribe their names to the will, the attestation is sufficient. Testator being in ordinary health, capable of walking, hearing and seeing, after executing his will in the piazza, near the door, left his seat to be occupied by the witnesses whilst subscribing their names, and stepped into and remained in... |
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Cases |
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| Wright v. Wood |
6 La.Ann. 176, Supreme Court of Louisiana (February 01, 1851) |
1851 |
Appeal from the District Court of Concordia, Farrar, J. |
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Cases |
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| Wylly v. S.Z. Collins & Co. |
9 Ga. 223, Supreme Court of Georgia (January 01, 1851) |
1851 |
[1.] Trust estates are liable to pay out of their income for goods or services furnished or rendered, and such as are necessary and proper. [2.] A creditor is not bound to ascertain whether the trustee is or is not in arrears to the trust estate. [3.] The rule in South Carolina, which denies relief to creditors, where the executor or other trustee... |
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Cases |
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| Yarbrough v. Hudson |
19 Ala. 653, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Circuit Court of Talladega. Tried before the Hon. E. Pickens. |
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Cases |
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| Young v. Carl |
6 La.Ann. 412, Supreme Court of Louisiana (April 01, 1851) |
1851 |
Appeal from the District Court of East Baton Rouge, Burk, J. |
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Cases |
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| Ables v. Donley |
8 Tex. 331, Supreme Court of Texas (January 01, 1852) |
1852 |
In revising the judgment of the District Court refusing a new trial, it has been the uniform practice of this court not to reverse the judgment, unless it clearly appears that the party applying has brought his application within those rules which entitle him to a new trial as a matter of law; the inquiry has been, not whether upon the evidence in... |
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Cases |
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| Abrams v. Suttles |
Busb. 99, Supreme Court of North Carolina (December 01, 1852) |
1852 |
The mutual promises of parties to a special contract are sufficient legal considerations for either to maintain assumpsit for the breach of it by the other. The offer by one party to deliver a bond, which the other exprcsses his intention not to accept, though admitting its sufficiency, is a legal tender, without an exhibition of the writing, or... |
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Cases |
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| Alford's Adm'rs v. Cochrane |
7 Tex. 485, Supreme Court of Texas (January 01, 1852) |
1852 |
Where one of the items of an account against an estate was barred by the statute of limitations, and the administrator demurred generally to the petition: Held, That the demurrer should have been sustained as to the item which appeared to be barred. But it would not therefore follow that the case should be remanded for another trial. The statute... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Allen v. Fogler |
6 Rich. 54, Court of Appeals of Law of South Carolina (December 01, 1852) |
1852 |
Where there is a special verdict, no fact not stated in it can be inferred from the facts found. Gift of lands by deed to H. A. and to the heirs of her body, and in case of her death before she has an heir, then to J. A. in fee:-Held, that the remainder to J. A. was void. At the common law a fee in remainder cannot be mounted on a fee. |
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Cases |
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| Andress v. Broughton |
21 Ala. 200, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Monroe. Tried before the Hon. JOHN BRAGG. |
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Cases |
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| Armfield v. Moore |
Busb. 157, Supreme Court of North Carolina (December 01, 1852) |
1852 |
At January Term, 1848, of the Court of Pleas and Quarter Sessions for the County of Union, a petition was filed in the name of James Moore, one of the defendants, and Catharine his wife, Elizabeth Carnes, an infant by her guardian James Moore, and Jane Moore, setting forth that the said James, Elizabeth and Jane held in their possession as tenants... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Armstrong v. Stone |
9 Gratt. 102, Supreme Court of Appeals of Virginia (August 02, 1852) |
1852 |
James Stone and Serlie his wife presented a petition to a judge of the Circuit court, alleging that a female infant child, the daughter of the female petitioner by a former husband, was illegally retained in the possession and custody of the appellant, John J. P. Armstrong, the paternal grandfather of the child, and prayed that a writ of habeas... |
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Cases |
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| Atkinson v. Fraser |
5 Rich. 519, Court of Appeals of Law of South Carolina (May 01, 1852) |
1852 |
Where an overseer, employed for a year, is dismissed without cause, and obtains employment for the rest of the year, in the action against the first employer for the amount agreed to be paid for the whole year's service, the jury should deduct the amount received from the second employer: the question, however, seems to be one for the jury to... |
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Cases |
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| Atwood's Heirs v. Beck |
21 Ala. 590, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Wilcox. Heard before the Hon. J. W. LESESNE. |
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Cases |
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| Avera v. Sexton |
13 Ired. 247, Supreme Court of North Carolina (June 01, 1852) |
1852 |
WHAT amounts to negligence is a question of law. And the plaintiff is entitled to special instructions upon certain facts presented by the testimony, or upon the whole case, if he choose to subject himself to the disadvantage of having all the conflicting taken against him. IT is error to refuse such special instructions, when called for, and to... |
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Cases |
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| Bacon v. Dahlgreen |
7 La.Ann. 599, Supreme Court of Louisiana (November 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Tensas, J. N. T. Richardson, J. |
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Cases |
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| Badillo v. Tio |
7 La.Ann. 487, Supreme Court of Louisiana (June 01, 1852) |
1852 |
Appeal from the Third District Court of New Orleans. Kennedy, J. |
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Cases |
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| Bailey v. Fuqua |
2 Cushm. 497, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
By the provisions of the common law, the State has no lien upon the personal property or choses in action of the tax payer for the amount of taxes due by him. Anderson v. The State, 1 Cushman, 459, cited and confirmed. The revenue laws of the State provide expressly for a lien upon real estate for taxes due, but do not give any lien upon personal... |
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Cases |
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| Baker v. Tabor |
7 La.Ann. 556, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Caddo, Jones, J. |
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Cases |
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| Baker's Adm'r v. Baker's Adm'r |
13 B.Mon. 406, Court of Appeals of Kentucky (January 01, 1852) |
1852 |
In the year 1819, Beckwith Baker executed to his brother John Baker a bill of sale for a mulatto boy named John, in which it was stated that the sale had been made in 1817, for the consideration of $350.60, of which had been paid on the day of the sale, and that the balance had been paid and secured to be paid on the day the writing was executed,... |
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Cases |
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| Baldree v. Davenport |
7 La.Ann. 587, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Morehouse, Copley, J. |
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Cases |
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| Baldree v. Davenport |
7 La.Ann. 589, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Morehouse, Copley, J. |
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Cases |
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| Barnes v. Mobley |
21 Ala. 232, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY. |
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Cases |
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| Barnes v. Ward |
Busb.Eq. 93, Supreme Court of North Carolina (December 01, 1852) |
1852 |
Where the step-father becomes guardian to his step-child, he is not entitled to charge for board and other necessaries, furnished his ward antecedently to his appointment as guardian--the infant being incompetent to contract therefor. Hence, where such guardian procured a release from the husband of his ward, soon after his marriage, of all his... |
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Cases |
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| Barnes v. White |
32 Tenn. 442, Supreme Court of Tennessee (December 01, 1852) |
1852 |
This is a motion against the late sheriff and his sureties, for an insufficient return. The execution in favor of White, the plaintiff in this motion, against Edwin W. Hickman and others for $1,750.11, was issued from the circuit court of Davidson, on the 5th July, 1851, on which the sheriff made this return: Came to hand same day issued; not... |
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Cases |
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| Bass v. Larche |
7 La.Ann. 104, Supreme Court of Louisiana (February 01, 1852) |
1852 |
Appeal from the District Court of Carroll, J. N. T. Richardson, J. |
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Cases |
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| Bassett v. Governor |
11 Ga. 207, Supreme Court of Georgia (February 01, 1852) |
1852 |
[1.] It is the duty of the Collector of Taxes to apply for a commission within twenty days after his election, but there is no law requiring the Governor to issue it immediately; and if the Collector does apply for his commission within time, and gives bond within ten days after he is notified that his commission has arrived, such bond is a valid... |
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Cases |
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| Baynes v. Bernhard |
12 Ga. 150, Supreme Court of Georgia (August 01, 1852) |
1852 |
[1.] In an action on a bond for titles, it is necessary to aver a demand' and prove it, are to aver a sufficient excuse for not making it, and to prove it. [2.] Held, that an averment that the obligor never had titles to the land for which he binds himself to make good and sufficient fee simple titles, and that he is therefore incapable of keeping... |
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Cases |
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| Beebe v. Robbins |
8 La.Ann. 470, Supreme Court of Louisiana (September 01, 1852) |
1852 |
Appeal from the District Court, Parish of St. Mary, Voorhies, J. |
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Cases |
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| Benje v. Creagh |
21 Ala. 151, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Mobile. Tried before the Hon. JOHN BRAGG. |
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Cases |
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