| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Benoist v. City of St. Louis |
15 Mo. 668, Supreme Court of Missouri (March 01, 1852) |
1852 |
The plaintiffs were owners of a tract of land, a portion of which, 211 acres and a fraction, was thrown within the new limits of the city of St. Louis by the act of 1841, entitled An act to amend an act to incorporate the city of St. Louis. By the 17th section of the 7th article of this act it is provided, that the lands thrown within the limits... |
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| Benson v. Benson |
2 Cushm. 625, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
The instructions given in this case only submitted the return on the fieri facias to the jury; it should have received a legal construction from the court, if they required any. The return on the attachment was insufficient to rebut the case made out by the other party. Showing the attachment was levied upon property, and no disposition of it... |
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Cases |
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| Bermudez v. Union Bank of Louisiana |
7 La.Ann. 62, Supreme Court of Louisiana (February 01, 1852) |
1852 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Blanchard v. Blanchard's Heirs |
7 La.Ann. 529, Supreme Court of Louisiana (September 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Rapides, Cushman, J. |
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Cases |
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| Bland v. Muncaster |
2 Cushm. 62, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
The statute which requires executors and administrators of estates of decedents to give at least thirty days' notice, &c., after obtaining the order of sale, does not render such sale void by failure to give the requisite notice. Minor v. Selectmen of Natchez, 4 S. & M. 619, cited and confirmed. An order of the probate court, confirming a sale... |
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Cases |
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| Boarman v. Groves |
1 Cushm. 280, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
It is a familiar rule of equity jurisprudence, that general debts, or general personal engagements of a married woman contracted during coverture, are not chargeable upon her separate estate; and unless a feme covert who contracts a debt, or enters into an engagement, designs that such engagement or debt shall constitute a charge upon her separate... |
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Cases |
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| Bosley v. Bruner |
2 Cushm. 457, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
The consideration of the bond sued on was not founded upon the original judgment. The order of the court, and the issuance of the writ of error and supersedeas, in accordance therewith, were legal and valid acts; and there was a sufficient consideration for the execution of the bond. The party taking out the writ of error coram nobis, and against... |
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Cases |
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| Bott v. McCoy |
20 Ala. 578, Supreme Court of Alabama (January 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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| Boyce's Adm'r v. Smith's Adm'r |
16 Mo. 317, Supreme Court of Missouri (March 01, 1852) |
1852 |
1. The statute directing that a second new trial shall not be granted to the same party, except when the triers of the fact shall have erred in a matter of law, or when the jury shall be guilty of misbehavior, proceeds upon the supposition that the law has been correctly expounded to the jury, and is only applicable to such cases. 2. When a second... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Brainard v. McDevitt |
21 Ala. 119, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Mobile. Tried before the Hon. L. GIBBONS. |
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Cases |
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| Branch Bank at Decatur v. McCollum |
20 Ala. 280, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Franklin. Tried before the Hon. S. C. Posey. |
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Cases |
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| Brian v. Davidson |
3 Cushm. 213, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
Judgments rendered by justices of the peace come within the evil designed to be remedied by the act of 1844 requiring the enrolment of judgments. Justices' courts are courts of record in contemplation of the statute, and judgments rendered therein bear equal dignity with judgments rendered in the circuit court. A constable is prohibited by statute... |
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Cases |
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| Brown v. Mullins |
2 Cushm. 204, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
A guardian, by the statute of this State, has no right to exceed the income of his ward's estate without authority from the probate court. A guardian should be allowed all reasonable and proper expenses and charges incurred by him in educating and maintaining his ward, to the extent of the income of the ward's estate, without any special order of... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Bryan's Heirs v. Dennis |
4 Fla. 445, Supreme Court of Florida (January 01, 1852) |
1852 |
In the construction of interpretation of a statute, all laws in pari materia, should be considered in order to ascertain the will of the Legislature; for that which is within the intention of the makers of the law, is as much within the statute as if it was in the letter. Laws which have reference to the public welfare or the policy of a State,... |
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| Buist v. Dawes |
4 Rich.Eq. 421, Court of Appeals of Equity of South Carolina (January 01, 1852) |
1852 |
Devise of the use of lands to J. P. for life; and, at his decease, the said lands shall be, and is hereby declared to be, vested in the male issue of the said J. P., and in default of such, in the issue female surviving him; and if a general failure should be at the decease of the said J. P., then, over:-Held, that J. P. did not take a fee... |
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Cases |
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| Busby's Adm'x v. Chenault |
13 B.Mon. 554, Court of Appeals of Kentucky (January 01, 1852) |
1852 |
Busby and J. P. Chenault were partners in merchandising, and had in that character engaged in the business of purchasing hogs, in conjunction with W. Chenault, and selling them in the Cincinnati market. Busby died insolvent, and this suit was brought by his administratrix to have a settlement of the partnership transactions, and a distribution made... |
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Cases |
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| Calmes v. Stone |
7 La.Ann. 133, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of East Feliciana, Stirling, J. Jury case. |
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Cases |
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| Camp v. Church Wardens of Church of St. Louis |
7 La.Ann. 321, Supreme Court of Louisiana (May 01, 1852) |
1852 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Campbell v. State |
11 Ga. 353, Supreme Court of Georgia (June 01, 1852) |
1852 |
[1.] While the amendments to the Constitution of the United States were primarily intended to be restrictive upon the powers of the General Government, and not the Legislatures of the several States-yet they are declaratory of great principles of civil liberty, which neither the national nor the State governments can infringe. [2.] The 6th... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Capehart v. Mhoon |
Busb.Eq. 30, Supreme Court of North Carolina (December 01, 1852) |
1852 |
Upon a motion to dissolve an injunction, staying the collection of a debt recovered by judgment at law, the injunction will be dissolved, although the answer does not respond to an allegation of a fact, not charged to be within the knowledge of the defendant The rule in injunctions of this class is, the injunction must be dissolved, unless the... |
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Cases |
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| Capritz v. State |
1 Md. 569, Court of Appeals of Maryland (June 01, 1852) |
1852 |
This case comes before us on a writ of error. The plaintiff in error was indicted in Allegany county court for a violation of the act of 1847, ch. 193. The indictment does not mention the name of the person to whom the liquor was sold, but merely avers, that he, the said James Capritz, then and there being a regular licensed ordinary keeper,... |
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Cases |
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| Carmelite v. Lacaze |
7 La.Ann. 629, Supreme Court of Louisiana (November 01, 1852) |
1852 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Carpenter v. Going |
20 Ala. 587, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Greene. Tried before the Hon. John D. Phelan. |
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Cases |
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| Carter v. Bennett |
4 Fla. 283, Supreme Court of Florida (January 01, 1852) |
1852 |
The Superior Courts of the Territory of Florida, though not Constitutional Courts, were nevertheless Courts of the United States, since they derived their existence from the legislation of Congress, under the powers conferred by the Coustitution. The Circuit Courts of the State of Florida had no right, as such, to succeed to the records and... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Cawthon v. Coppedge |
31 Tenn. 487, Supreme Court of Tennessee (April 01, 1852) |
1852 |
The facts on which depends the question presented in this case are these: On the 1st day of August, 1848, Elizabeth Lynch, complainant's intestate, executed a deed of gift, which contains the following clause: For and in consideration of the love and affection I bear to my grandchildren, James Coppedge, Mary Coppedge, Joseph Coppedge, John... |
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Cases |
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| Chambers v. Neal |
13 B.Mon. 256, Court of Appeals of Kentucky (July 01, 1852) |
1852 |
Before the act of congress establishing a uniform system of bankruptcy, Chambers and Garvin recovered a judgment in the Allen circuit court against Neal for the sum of $3,396.60, besides interest and costs. Upon this judgment an execution was issued on the 19th day of March, 1851, indorsed with a credit of $540 paid 10th day of January, 1832. This... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Chambers v. Wortham |
7 La.Ann. 113, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of East Baton Rouge, Burk, J. |
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| Chappell v. Causey |
11 Ga. 25, Supreme Court of Georgia (January 01, 1852) |
1852 |
[1.] If a distributive share of an intestate's personal estate, accrue to a married woman during coverture, and the husband die before distribution is made, and without any act on his part reducing it to possesion, it survives to the wife. [2] H. died, leaving a widow and ten children, and a paper purporting to be his last will and testament. He... |
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| Chappell v. McIntyre |
9 Tex. 161, Supreme Court of Texas (January 01, 1852) |
1852 |
Where the parties submit an agreed statement of the facts to the court for its judgment upon the questions of law arising on the case submitted, all other pleadings will be disregarded on an appeal from the judgment. The questions of law upon the case stated as to separate property are settled in favor of the appellee by the cases of McIntyre v.... |
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Cases |
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| Charles v. Charles |
8 Gratt. 486, Supreme Court of Appeals of Virginia (March 04, 1852) |
1852 |
(Absent Cabell, P.) 1. The rights of a husband to the property of his intended wife, may be intercepted by his agreement to that effect. And where by express contract before and in contemplation of marriage, for which the marriage is a sufficient consideration, he agrees to surrender his right to the enjoyment of the property during the coverture,... |
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Cases |
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| Chauvenet v. Anne Arundel County Com'rs |
3 Md. 259, Court of Appeals of Maryland (December 01, 1852) |
1852 |
The second section of the act of 1847, ch. 158, ceding to the United States the site of the Naval Academy at Annapolis, exempts all the personal property of the officers and agents of the federal government residing within the limits of the ceded territory, from all taxes and assessments which may be at any time imposed by the State. HELD, that... |
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| Cheatham v. Riddle |
8 Tex. 162, Supreme Court of Texas (January 01, 1852) |
1852 |
The act of 1848, (Hart. Dig., p. 862,) regulating sequestrations, did not dispense with the provisions of the one hundred and forty-third section of the act of 1846, to regulate proceedings in the District Court, (Hart. Dig., art. 795,) in order to obtain a writ of sequestration. It is therefore necessary for the party applying to make affidavit of... |
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Cases |
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| Cherry v. Jarratt |
3 Cushm. 221, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
The probate court may make such allowance to a party resigning his letters of administration or executorship, as it may deem right and proper. Hutch. Code, 674. It is a settled rule, that the probate court may allow commissions upon the whole estate administered. The legislature has conferred upon the probate courts discretion as to the... |
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Cases |
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| Chisolm v. Chisolm |
4 Rich.Eq. 266, Court of Appeals of Equity of South Carolina (January 01, 1852) |
1852 |
Infant having an absolute estate of about $16,000, and also an estate of about twice that amount contingent upon his attaining the age of twenty-one, or marrying: ordered that maintenance be allowed him out of his absolute estate. Allowance made for maintenance is subject to the future control of the Court, and may be altered with the varying... |
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| Clark v. Davis |
7 Tex. 556, Supreme Court of Texas (January 01, 1852) |
1852 |
Where the evidence was conflicting and the question was purely one of fact, the Supreme Court will not disturb the verdict. (Note 78.) The statute prescribes that the jury shall be sworn, once for all, for the trial of such civil cases as shall be submitted to them during the term. The presumption therefore is, in a civil case, that the jury were... |
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Cases |
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| Cole v. Dial |
8 Tex. 347, Supreme Court of Texas (January 01, 1852) |
1852 |
The District Court erred by permitting the book of accounts of appellee's intestate to go to the jury as evidence of the money items therein. No respectable court of dernier resort has yet gone so far in the path of judicial legislation as to sanction their admission to establish charges of that description. In Case v. Potter, 8 Johns. R., 211, the... |
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Cases |
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| Coleman v. Rives |
2 Cushm. 634, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
A creditor can only invoke the aid of a court of equity to collect his judgment, in a case where the assets sought to be made liable are in their nature equitable, or where his remedy at law has been obstructed by fraud. In either case, the bill must show that the party could not obtain the proper relief at law. Where a judgment has been obtained... |
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Cases |
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| Colgin v. Redman |
20 Ala. 650, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Sumter. Tried before the Hon. Anderson Crenshaw. |
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| Commissioners of Roads for Prince William's Parish v. Blake |
5 Rich. 241, Court of Appeals of Law of South Carolina (January 01, 1852) |
1852 |
Commissioners of Roads have no power to employ the labor of the inhabitants liable to road duty, in building or repairing line bridges: for such purposes assessments must be levied as directed by the 17th section of the Act of 1825. |
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Cases |
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| Copley v. Dinkgrave |
7 La.Ann. 595, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Ouachita, Barry, J. |
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| Cornelius v. State |
12 Ark. 782, Supreme Court of Arkansas (January 01, 1852) |
1852 |
As to the caption of an indictment showing that the grand jurors are good and lawful men of the county, &c. Under sec. 125, chap. 52 Digest, a member of a grand jury by which an indictment is found, &c., cannot serve as a juror on the trial thereof; and under section 163, of the same chapter, if the disqualification of the juror is discovered after... |
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Cases |
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| Cornelson v. Sun Ins. Co. |
7 La.Ann. 345, Supreme Court of Louisiana (June 01, 1852) |
1852 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Corp. of Columbia v. Hunt |
5 Rich. 550, Court of Appeals of Law of South Carolina (May 01, 1852) |
1852 |
Action by the Corporation of Columbia, against a lot-owner on Richardson street to recover the amount paid by plaintiffs for placing stone curbing to the side-walk in front of defendant's lot: Held, that the action would not lie-three members of the Court holding, that the proceedings against defendant were not authorized by any ordinance of the... |
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Cases |
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| Cotten v. Thompson |
21 Ala. 574, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Talladega. Tried before the Hon. ROBERT DOUGHERTY. |
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Cases |
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| Coulter v. Cresswell |
7 La.Ann. 367, Supreme Court of Louisiana (June 01, 1852) |
1852 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Cravens v. Booth |
8 Tex. 243, Supreme Court of Texas (January 01, 1852) |
1852 |
While the law extends its protection to the rights of a married woman, it does not permit her to act fraudulently or inequitably to the injury of others. Acting on her own responsibility, she may act fraudulently, deceitfully, or inequitably, so as to deprive her of any claim for relief in a court of equity. This results from the capacity to hold... |
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Cases |
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| Crim v. Knotts |
4 Rich.Eq. 340, Court of Appeals of Equity of South Carolina (May 01, 1852) |
1852 |
Testator declared, it is my will and desire that the rest and remainder of my estate be divided into equal shares among my brother, Jacob Patterson, and Anthony Patterson's lawful children, and that my brothers, Jacob and Anthony, have the use of their children's portion, or part, during their natural lives, and at their death to their children... |
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Cases |
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| Crow v. Marshall |
15 Mo. 499, Supreme Court of Missouri (January 01, 1852) |
1852 |
On the first of January, 1847, Philip Crow, as agent for the respondents. Crow, McCreery & Barksdale, made an affidavit to the effect (among other things) that the appellant, Marshall, was about to remove his property out of the State, with intend to defraud, hinder and delay his creditors; that he had fraudulently conveyed his property so as to... |
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Cases |
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| Daniel v. Wilkerson |
13 Ired. 329, Supreme Court of North Carolina (June 01, 1852) |
1852 |
It seems, that, although a proposition to compromise, rejected by the other party, could not be heard, yet admissions of facts, made by the defendant in the conversation with the party proposing the compromise. But there can be no doubt, that such admissions are competent evidence, when made to one, who informs the defendant, that he has no... |
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Cases |
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| Davis v. Lassiter |
20 Ala. 561, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Barbour. Tried before the Hon. John D. Phelan. |
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Cases |
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