| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Nowlin v. Winfree |
8 Gratt. 346, Supreme Court of Appeals of Virginia (January 19, 1852) |
1852 |
The question presented by the special verdict as to the proper construction of the will of Benjamin Hall deceased, has been frequently under consideration in this Court. The case of Bells v. Gillespie, 5 Rand. 273, presented precisely the same question, and the principle there settled rules this case. That case conformed to the earlier decisions of... |
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Cases |
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| O'Brien v. Hilburn |
9 Tex. 297, Supreme Court of Texas (January 01, 1852) |
1852 |
The husband is liable to be sued by the wife where he violates her marital rights of property. Where, in consequence of any unauthorized act of the husband, violative of the marital rights of the wife, it becomes necessary for her to resort to suit against a third person, there is no necessity that she should be joined by her husband, nor that she... |
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Cases |
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| O'Neal v. Wilson |
21 Ala. 288, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Pickens. Tried before the Hon. W. W. MASON. |
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Cases |
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| Outlaw v. Reddick |
11 Ga. 669, Supreme Court of Georgia (July 01, 1852) |
1852 |
[1.] When a party is surety on a bond given by a Deputy Sheriff to his principal, and has taken a mortgage on personal property for his indemnity, and the High Sheriff and the Deputy have collected money for which the High Sheriff is sued, and the Deputy has departed the jurisdiction, and the mortgage property has come into the possession of a... |
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Cases |
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| Owen v. Owen |
Busb.Eq. 121, Supreme Court of North Carolina (December 01, 1852) |
1852 |
We are called upon to decide upon the questions presented by the pleadings, without the aid of an argument. It is possible that, under such circumstances, we may have mistaken what the testator intended should be done with the personal estate in the events which have happened. The will is not very perspicuous, and some of the sections appear, at... |
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Cases |
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| Packwood v. White |
7 La.Ann. 31, Supreme Court of Louisiana (January 01, 1852) |
1852 |
Appeal from the First District Court of New Orleans, Larue, J. |
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Cases |
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| PARDONING POWER OF THE PRESIDENT. |
5 U.S. Op. Atty. Gen. 579 (August 04, 1852) |
1852 |
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Administrative Decisions & Guidance |
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| PARDONING POWER OF THE PRESIDENT. |
5 U.S. Op. Atty. Gen. 532 (April 22, 1852) |
1852 |
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Administrative Decisions & Guidance |
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| Parham v. Cobb |
7 La.Ann. 157, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Madison. Richardson, J. |
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Cases |
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| Parker v. Cater |
8 Tex. 318, Supreme Court of Texas (January 01, 1852) |
1852 |
From the conclusion we have arrived at on an examination of the record it will not be necessary to notice many of the points discussed by the counsel in their arguments, and we will confine ourselves mainly to the general demurrer of the defendant in the court below, as we believe that to be decisive of the case. The plaintiff in the court below... |
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Cases |
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| Parsons v. Boyd |
20 Ala. 112, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Talladega. Tried before the Hon. E. Pickens. |
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Cases |
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| Pate v. Greenville & R.R. Co. |
13 Ired. 325, Supreme Court of North Carolina (June 01, 1852) |
1852 |
It was argued for the plaintiff, that either as carrier, or ware-house man, the defendant was bound to deliver the goods on board the boat, to be taken up the river to the owners. But that point is not material to the present controversy; which is for an injury to the plaintiff's boat, from unskilfulness, and negligence in loading. Suppose the... |
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Cases |
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| Patterson v. State |
21 Ala. 571, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Wilcox. Tried before the Hon. E. PICKENS. |
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Cases |
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| Patton v. Rambo |
20 Ala. 485, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. |
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Cases |
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| Paulding v. Lee |
20 Ala. 753, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Perry. Tried before the Hon. W. W. Mason. |
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Cases |
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| Peale v. Hickle |
9 Gratt. 437, Supreme Court of Appeals of Virginia (September 06, 1852) |
1852 |
The first and sixth errors which are assigned in this case, are that the suit was brought against Catharine Peale in her character of widow and relict of Bernard Peale, and not as administratrix, and that the decree of the court is several against the appellant, whereas it should have been against him and the said Catharine, jointly. The bill it is... |
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Cases |
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| Pearson v. Darrington |
21 Ala. 169, Supreme Court of Alabama (June 01, 1852) |
1852 |
APPEAL from the Chancery Court of Dallas. Tried before Hon. W. W. MASON. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Pease v. Scranton |
11 Ga. 33, Supreme Court of Georgia (January 01, 1852) |
1852 |
[1.] A Court of Equity will not entertain jurisdiction for the purpose of enabling the creditors of an intestate to collect their demands from the administrators of such intestate, when the remedy at Law is ample and adequate; but will leave the parties to pursue their ordinary remedies, in the Common Law Court. In Equity, in Glynn Superior Court.... |
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Cases |
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| People ex rel. McMahon v. Sheriff of Westchester County |
10 N.Y.Leg.Obs. 298, Supreme Court, New York County, New York (January 01, 1852) |
1852 |
I. The United States Court had exclusive jurisdiction of this offense of manslaughter, committed by the same guilty and felonious act which the State courts complain of as murder. And the State authorities had no jurisdiction in the premises, because-- 1. By the Constitution, the judicial power of the United States government extended to all cases... |
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Cases |
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| People ex rel. McMahon v. Sheriff of Westchester County |
10 N.Y.Leg.Obs. 298 (January 01, 1852) |
1852 |
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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| People ex rel. Olmsted v. Board of Sup'rs of Westchester County |
12 Barb. 446, Supreme Court, New York (January 01, 1852) |
1852 |
The objection raised by the counsel for the defendants on the argument, that the relator lost any remedy to which he might have been entitled had he exercised proper diligence, by the lapse of time which intervened between the rejection of his claim by the defendants, and his application to this court for an alternative mandamus, is untenable.... |
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Cases |
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| People ex rel. Olmsted v. Board of Sup'rs of Westchester County |
12 Barb. 446 (January 01, 1852) |
1852 |
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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| People ex rel. Perley |
2 Cal. 564, Supreme Court of California (October 01, 1852) |
1852 |
The appellant was tried for malfeasance in office, as a Justice of the Peace, upon two charges. The first is said to be for illegal fees in a note at the foot of it; but in the body of the presentment it is not alleged that the defendant took illegal fees, nor do the facts as detailed in the charge lead to the inference that the deposit he required... |
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Cases |
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| Perdriau v. Wells |
5 Rich.Eq. 20, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
Testator bequeathed property to his wife for life, and directed the same, after her death, to be divided between Ann M., the children of his brother Peter, and the children of his sister Hester, alive at the death of my wife, share and share alike, for and during their natural lives, and after their death to their respective children... |
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Cases |
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| Perkins v. Fourniquet |
55 U.S. 313, Supreme Court of the United States (December 01, 1852) |
1852 |
THIS was an appeal from the Circuit Court of the United States for the Southern District of Mississippi. The case, in some of its branches, had been before the court three times before. A motion to dismiss a case between the same parties, at January term, 1848, is reported in 6 Howard, 206. It came up again at January term, 1849, and is reported in... |
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Cases |
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| Pharis v. Leachman |
20 Ala. 662, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Greene. Tried before the Hon. W. W. Mason. |
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Cases |
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| Phipps v. Tarpley |
2 Cushm. 597, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
Where a party covenants to make a deed to a certain quantity of land, more or less; these words mean that when there is only an inconsiderable deficiency as to the quantity of land, that the vendor is not to submit to a deduction from the amount of the purchase-money, if the tract of land contains less than the amount, nor is the purchaser to pay... |
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Cases |
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| Pitts v. Lewis |
7 La.Ann. 552, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Bienville, Bullard, J. |
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Cases |
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| Plater v. Groome |
3 Md. 134, Court of Appeals of Maryland (December 01, 1852) |
1852 |
A will to convey lands must be perfect on its face, executed with all the forms and solemnities required by law, and no defect in its execution can be aided or supplied by parol proof. The same strictness is not required in a will of personalty, but even to constitute a good will for such property, the paper must either be complete on its face, or,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Poag v. Sandifer |
5 Rich.Eq. 170, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
To a bill to enforce an agreement in relation to land, if the defendant deny the agreement in his answer, he need not plead the statute of frauds. The mere retention of a pre-existing possession, will not take a case out of the statute of frauds. |
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Cases |
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| Porter v. Miller |
7 Tex. 468, Supreme Court of Texas (January 01, 1852) |
1852 |
In determining upon the effect of the death or destruction of a specific chattel pending a suit for its recovery, we experience the difficulty arising as well from a conflict between the authorities accessible to the court as upon the fact that in one of the cases the effect of the loss of the chattel is made to depend upon the form of action... |
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Cases |
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| Portis v. Parker |
8 Tex. 23, Supreme Court of Texas (January 01, 1852) |
1852 |
In order to make a valid levy on personal property the officer must take actual possession of it; and the act of taking possession must be of such a character as would make the officer liable for trespass if he were not protected by the process. The act of possession must be according to the nature of the property. If it be of goods, for instance,... |
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Cases |
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| Potts v. Francis |
8 Ired.Eq. 300, Supreme Court of North Carolina (August 01, 1852) |
1852 |
Even if a contract between an attorney and his client for a conditional fee dependant on success in a cause can be sustained at all in Equity, yet where the condition was that the attorney should attend to the cause, the fee to be dependant on the event of the party's success, and the attorney neglected or abandoned it without trying it and a term... |
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Cases |
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| Pounds v. Richards |
21 Ala. 424, 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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| Powell v. Brandon |
2 Cushm. 343, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
The rule in Shelly's case, in common with the other principles of the common law, forms a part of the judicial system of this State, and will be enforced, unless repealed by statute. The proviso to section 24 of the act of 13 June, 1822, Hutch. Code, 609, relates exclusively to conveyances or devises of real estate, and cannot, therefore, affect... |
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Cases |
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| Powell v. Glenn |
21 Ala. 458, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Sumter. Tried before the Hon. TURNER REAVIS. |
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Cases |
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| Powers v. Blakey's Adm'rs |
16 Mo. 437, Supreme Court of Missouri (July 01, 1852) |
1852 |
1. The proceeding instituted in the County Court, by Powers against McElwrath and Blakey, who are administrators of Blakey, deceased, is founded upon a misconception of the meaning of sections 9, 10 and 11, of the second article of the act concerning Administrators, Rev. Code, 74. These sections authorize an executor or administrator, or other... |
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Cases |
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| Presley v. Stribling |
2 Cushm. 527, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
A court of equity would maintain the cestui que trust in the possession and use of the property against the claim of the trustee; yet a court of law, looking only at the legal title, could not notice this right, and therefore cannot enforce it. |
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Cases |
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| Prestidge v. Pendleton |
2 Cushm. 80, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
It has been held that a bill filed by an administrator de bonis non to recover property illegally sold by the first administrator, or if the sale should be valid, to foreclose the statutory mortgage, was not demurrable. Murphy v. Clark, 1 S. & M. 221, cited and confirmed. Miller v. Helm, 2 S. & M. 687, cited and confirmed. A void sale does not... |
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Cases |
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| Pridgin v. Strickland |
8 Tex. 427, Supreme Court of Texas (January 01, 1852) |
1852 |
The old rule for the measure of damages in the action of trover, viz, the value of the thing at the time of conversion, and interest thereon up to judgment, besides being almost entirely exploded, has no application to our remedial system, which is independent of forms of action; here the rule varies with different property with the fact. The owner... |
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Cases |
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| Proctor v. State |
5 Harr. 387, Superior Court of Delaware (October 01, 1852) |
1852 |
Judgment reversed. |
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Cases |
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| Proctor v. State |
5 Harr. 387 (October 01, 1852) |
1852 |
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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| Ramsay v. Morris |
13 Ired. 458, Supreme Court of North Carolina (August 01, 1852) |
1852 |
Where in an action of warranty, the only question raised is as to the proper rule respecting damages, and the jury find all the issues in favor of the defendant, the charge of the Judge becomes immaterial, and, even if erroneous, cannot be reviewed. The case of Gant v. Hunsucker, 12 Ire. 254, cited and approved. Appeal from the Superior Court of... |
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Cases |
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| Randall v. Shrader |
20 Ala. 338, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Shelby. Tried before the Hon. Geo. D. Shortridge. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Rankin v. Lodor |
21 Ala. 380, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Dallas. Heard before the Hon. W. W. MASON. |
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Cases |
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| Rasberry v. Moye |
1 Cushm. 320, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
The question in this case is, whether a partial failure of consideration to a promissory note or bill single can be set up. Held, in cases upon instruments for a sum certain, if introduced under a special plea, this defence can be made. Brewer v. Harris, 2 S. & M. 87, 88;Harman v. Sanderson, 6 Ib. 42, cited and confirmed. Where a party makes a... |
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Cases |
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| Ratcliffe v. Dougherty |
2 Cushm. 181, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
At common law a gift by the husband directly to the wife, without the intervention of a third party, whether by deed or parol, was void, and could not be enforced. Tourney v. Sinclair, 3 How. R. 324, cited and confirmed. The courts have declared, that where the intention of the husband is clear and manifest to make a gift to the wife, they will... |
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Cases |
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| Rawlings v. State |
2 Md. 201, Court of Appeals of Maryland (December 01, 1852) |
1852 |
The motion to dismiss this appeal having been overruled, we are now called upon to decide the various points suggested on the motion in arrest of judgment. This indictment was found under the act of 1817, ch. 227, which prohibits licensed retailers and persons accustomed to make and sell distilled spirits in Calvert, St. Mary's and Anne Arundel... |
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Cases |
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| Rawls v. Wall |
5 Rich.Eq. 143, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
Bill to set aside a purchase made by an agent of his principal's property at sheriff's sale: the Circuit Chancellor refused to set aside the purchase, but ordered defendant to account for the true value of the property:-Held, that this meant the true value at the time of the sale; and plaintiff having acquiesced in the deeree and acted under... |
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Cases |
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| Ray v. Harris |
7 La.Ann. 138, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of East Feliciana, Stirling, J. |
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Cases |
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