| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Armorer v. Case |
9 La.Ann. 288, Supreme Court of Louisiana (May 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Concordia, Farrar, J. |
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Cases |
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| Ashburn v. Ashburn |
16 Ga. 213, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] We see no reason for reversing the judgment of the Circuit Court. The complainant does not, even in her amended bill, charge or insinuate that the administrator, Davis Gamage and his securities, are not amply able to respond, in damages, for any waste or mismanagement of the estate. And in the absence of any such allegation, we think the Court... |
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Cases |
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| Augusta Ins. Co. v. Packwood |
9 La.Ann. 74, Supreme Court of Louisiana (February 01, 1854) |
1854 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Austin v. State |
14 Ark. 555, Supreme Court of Arkansas (January 01, 1854) |
1854 |
It is certainly true, as a general rule, both in civil and criminal cases, that the evidence must be confined to the point in issue; but all evidence is admisssble which tends to prove it and which affords any reasonable presumption or inference in elucidation of the matters involvedas where the presence or absence of malice is an essential... |
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Cases |
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| Bailey v. Wiggins |
5 Harr. 462, Superior Court of Delaware (October 01, 1854) |
1854 |
We supposed when the case was opened, that the pleadings charged this defendant with an illegal act done by him as a justice of the peace; but on inspecting the declaration, we find it a simple declaration for an assault and battery, and false imprisonment, with a count for an assault and battery merely. To such a declaration the matter now offered... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Bailey v. Wiggins |
5 Harr. 462 (October 01, 1854) |
1854 |
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 |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Baker v. State |
15 Ga. 498, Supreme Court of Georgia (July 01, 1854) |
1854 |
[1.] The Court below told the triors, that if they found the challenged Juror to have formed, but not to have expressed an opinion, of the guilt or innocence of the accused, yet, he was competent: Held, that there was no error in this. [2.] The accused asked the Court to permit the triors to retire to the Jury room, or some other private place,... |
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Cases |
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| Bank of Louisiana v. Ford |
9 La.Ann. 299, Supreme Court of Louisiana (May 01, 1854) |
1854 |
Appeal from the Fifth District Court of New Orleans, Livingston, J. |
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Cases |
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| Banks v. Richardson |
2 Jones (NC) 109, Supreme Court of North Carolina (December 01, 1854) |
1854 |
The word copy general presupposes an original, but not always. It was error, therefore, to reject a deposition stating a telegraphic dispatch that spoke of it as a copy, on the ground that an original was necessarily implied, which was not produced, nor its absence accounted for. ACTION ON THE CASE for words published... |
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Cases |
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| Banks v. White |
1 Sneed (TN) 613, Supreme Court of Tennessee (April 01, 1854) |
1854 |
On the 1st day of October, 1848, Miles White made a written lease, to J. Banks & Co., of the eastern half of lot 372, in the city of Memphis, for a term of five years, at a stipulated amount per annum, to be paid on the 1st of April and October of each year, for which notes were taken. Upon these notes this suit is brought. The defense is failure... |
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Cases |
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| Bankston v. Bankston |
5 Cushm. 692, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
N. B. filed her bill in the chancery court for the purpose of enforcing a decree in her favor, rendered in that court in 1830, which was a decree of divorce from bed and board of the defendant (T. J. B.) her husband, and appointing a commissioner to ascertain and report the pecuniary condition of the husband, in order to fix proper alimony for the... |
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Cases |
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| Barringer v. Boyd |
5 Cushm. 473, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
It is the settled doctrine, that the grant of letters of administration will suspend the operation of the statute of limitations, and that the nine months during which an executor or administrator is protected from suit, is not to be computed as a part of the time required to bar a suit for any debt or demand against a testator's or intestate's... |
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Cases |
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| Bass v. Chambliss |
9 La.Ann. 376, Supreme Court of Louisiana (June 01, 1854) |
1854 |
Appeal from the District Court of the parish of Carroll, Perkins, J. |
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Cases |
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| Beall v. Blake |
16 Ga. 119, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] There is a bill and a demurrer to it. The Court is about to decide the demurrer. Before it does so, however, the plaintiffs strike out a part of the bill. By leave, they afterwards re-insert what they had struck out. The defendants, after this, both plead, answer and demur to the bill, and after doing so, and on the trial before the Jury, and... |
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Cases |
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| Beck v. Rainey |
6 Cushm. 111, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
R. filed his bill in the chancery court, in which he alleged that J. B., a resident of the State of Arkansas, died in that State in the year 1843, possessed of considerable personal property, upon whose estate no legal administration was granted, but that the defendants, residing in this State, brought the property here, and some of them took out... |
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Cases |
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| Beckley v. Palmer |
11 Gratt. 625, Supreme Court of Appeals of Virginia (September 02, 1854) |
1854 |
1. A defendant in an execution files a bill to enjoin the execution on the ground that a previous execution sued out on the same judgment had been levied by the sheriff on the property of another defendant in the execution, sufficient to discharge it. In such case the bill must be filed in the county in which the judgment was recovered; and the... |
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Cases |
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| Belden v. Gray |
5 Fla. 504, Supreme Court of Florida (March 01, 1854) |
1854 |
1. The statute against usury is salutary in its operation, and it is of paramount importance to guard it against the shifts and devices usually resorted to to evade its operation. 2. Whether or not a contract is usurious, is a question of law, and it is within the province of the court to determine that question, and to instruct the jury... |
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Cases |
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| Bennett v. Woolfolk |
15 Ga. 213, Supreme Court of Georgia (February 01, 1854) |
1854 |
[1.] The bill, as amended, makes out a case of partnership, in which the members were Bennett on the one side, and D. & W. Gunn, on the other. [2.] It seems that no adequate remedy exists at Law, for one partner who seeks an account against his co-partners. [3.] A prayer by one partner, that his co-partner may be compelled to pay over to him... |
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Cases |
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| Benning v. Benning's Ex'r |
14 B.Mon. 585, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
The questions involved in this controversy depend upon the construction and legal effect of the writings which were executed when the suit for alimony was compromised. On the part of the plaintiffs it is contended that, although the deed of trust vested in the trustee all the title of the grantor in the property conveyed, he held it merely for the... |
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Cases |
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| Berry v. Bacon |
6 Cushm. 318, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
The note in controversy in this case was a simple contract debt, and was made payable on the 15th of December, 1840, and the object of the deed of trust executed by B. was to modify the contract, and instead of paying the money at the time specified in the note, to pay it in instalments of one, two, three, and four years. The deed of trust was a... |
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Cases |
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| Bigby v. Powell |
15 Ga. 91, Supreme Court of Georgia (February 01, 1854) |
1854 |
[1.] If the main judgment be reversed, upon writ of error, the subsequent judgment dependent thereon, is vacated; or if a judgment is given against executors in an action of debt, and a judgment be afterwards given against them, to have execution of their proper goods, and the first judgment be reversed, upon writ of error, the last judgment will... |
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Cases |
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| Binns v. Stokes |
5 Cushm. 239, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
This court should in every instance where it can possibly be done, confine its action to a review of the case as it was tried below, and should never tolerate objections made for the first time here; and if they are such as could have been waived by agreement of the parties, either express, or implied from their conduct on the trial before the... |
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Cases |
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| Bird v. Vail |
9 La.Ann. 176, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of East Baton Rouge, Robertson, J. |
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Cases |
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| Biscoe v. Sandefur |
14 Ark. 568, Supreme Court of Arkansas (January 01, 1854) |
1854 |
The case of Byrd v. Brown, 5 Ark. 710, declaring unconstitutional the act of 7th January, 1843, as to recalling judgments on delivery bonds and rendering judgment anew, the case of Borden v. The State, use &c., 11 Ark. 519, as to void and voidable judgments the cases of Ashley v. Hyde, 6 Ark. 100, Cossitt v. Biscoe, 12 Ark. 95, Rawdon v. Rapley, 14... |
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Cases |
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| Boltze v. State |
24 Ala. 89, Supreme Court of Alabama (January 01, 1854) |
1854 |
APPEAL from the Circuit Court of Wilcox. Tried before the Hon. JOHN GILL SHORTER. |
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Cases |
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| Boston & Gunby v. Cummins |
16 Ga. 102, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] Acts of the Legislature are not only presumed to be constitutional, but the authority of the Court to declare them void, will never be resorted to, except in a clear and urgent case. [2.] Ex post facto Laws defined; they extend to criminal and not to civil cases. [3.] A law may be ex post facto, and still not obnoxious to the inhibition in the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Boyett v. Hurst |
1 Jones Eq. 166, Supreme Court of North Carolina (June 01, 1854) |
1854 |
There are many peculiar circumstances which distinguish this case from any of the kind that has ever fallen within the observation of either member of the Court. During a period of five years, the guardian makes no sort of return, and there is nothing among the papers of the Clerk's office, to charge him with one cent. A few days after the ward... |
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Cases |
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| Bradshaw v. Davis |
12 Tex. 336, Supreme Court of Texas (January 01, 1854) |
1854 |
Where no exceptions to the petition for an injunction and new trial appeared in the transcript, but the entry of judgment recited that plaintiff's exception to defendants' petition being by the parties submitted to the Court, and after argument of counsel, it is ordered that the same be overruled, this Court considered that no... |
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Cases |
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| Braxton v. Harrison's Ex'rs |
11 Gratt. 30, Supreme Court of Appeals of Virginia (May 01, 1854) |
1854 |
1. W, administrator of G, assigns the bond of T to the executors of H, in discharge of a debt due from G to H. The executors of H sue T, and recover a judgment upon the bond; and he thereupon enjoins it on the ground that G was indebted to him for a legacy left by R, of whom G had been executor: And this injunction is afterwards perpetuated. HELD:... |
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Cases |
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| Bridges v. Phillips |
25 Ala. 136, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Bridgewater v. Gordon |
2 Sneed (TN) 5, Supreme Court of Tennessee (December 01, 1854) |
1854 |
The parties to this bill are the devisees and legatees of William Moores, deceased, and it was brought to obtain a construction of his will. The will, dated in July, 1828, is as follows: I give to my beloved wife, Elizabeth Moores, during her life or widowhood, all my estate, both real and personal, to be used by her for the purpose of raising and... |
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Cases |
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| Brinson v. Sanders |
1 Jones Eq. 210, Supreme Court of North Carolina (June 01, 1854) |
1854 |
We are of opinion that the plaintiff is entitled to relief, under the facts of this case, against the defendant, Sanders. The children of John S. Jones, were the wards of the defendant Sanders, and entitled to a considerable estate, both real and personal, derived from their grandfather. The children were young, and permitted to remain with their... |
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Cases |
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| Brock v. Garrett |
16 Ga. 487, Supreme Court of Georgia (October 01, 1854) |
1854 |
[1.] It is to be presumed, that by the law of Alabama, a purchaser under a judgment of that State, and purchasing in that State, acquires all the title which the defendant in the judgment had. [2.] As a general rule, a judgment is evidence as between the parties to it and their privies. [3.] A verdict, if against law, ought not to be allowed to... |
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Cases |
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| Brock v. Lewis |
7 Rich.Eq. 77, Court of Appeals of Equity of South Carolina (December 01, 1854) |
1854 |
W. had been the agent for several years of his mother, and continued so until her death. Some two years before his death she gave him a mortgage to secure two thousand two hundred dollars, recited to be due him for supplies, advances, &c. This bill, by her administrator, was to set aside the mortgage for fraud, and consequently to exact an account... |
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Cases |
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| Brown v. Bacon |
5 Cushm. 589, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
W. and F. recovered a judgment in the United States Circuit Court, against T. R., in November, 1839, for the sum of $6,529.49, and an execution was issued upon this judgment, which was never enrolled according to the act of 1844, and which was in February, 1851, levied on the property of said T. R. by the marshal, when B. & J., the appellants,... |
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Cases |
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| Brown v. Nevitt |
5 Cushm. 801, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where a prior mortgagee files a bill to foreclose a mortgage, a junior mortgagee of the same property has a right to be made a party defendant to the proceeding, in order that he might have an opportunity to pay off the prior incumbrance, and attend to the account to be taken to satisfy said prior claim, to see that it is correctly... |
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Cases |
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| Bruner v. Sherley |
5 Cushm. 407, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
By the provisions of the bankrupt law, the liens of judgment creditors were continued in full force, and the rights of creditors protected according to the laws of the State, till the liens expired by the statute of limitations. When the liens of the judgment creditors of a bankrupt expire, the title to his property vests in the assignee absolutely... |
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Cases |
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| Bruton v. Wooten |
15 Ga. 570, Supreme Court of Georgia (July 01, 1854) |
1854 |
[1.] Every release must be founded on some consideration; otherwise, fraud will be presumed. [2.] Semble, that the seal does not, necessarily, import a consideration, when the release is relied upon, by way of plea in Chancery, but the consideration must be set out, and its fairness averred. [3.] At all events, when the instrument sets forth a... |
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Cases |
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| Bryan v. Weems |
25 Ala. 195, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Court of Probate of Marengo. |
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Cases |
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| Bryant v. Proctor |
14 B.Mon. 451, Court of Appeals of Kentucky (July 04, 1854) |
1854 |
(1.) Fraud was the only ground relied upon by the plaintiff in the pleadings, to set aside the agreement of compromise. But it is now contended, on his behalf, that he has a clear right to one-third of the amount realized by Proctor from his buisness in California, and that the payment of a less sum than he was entitled to can not be relied upon... |
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Cases |
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| Buhler v. McHatton |
9 La.Ann. 192, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of the Parish of East Baton Rouge. |
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Cases |
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| Bulloch v. Smith |
15 Ga. 395, Supreme Court of Georgia (April 01, 1854) |
1854 |
[1.] It is not necessary that a witness should give the precise words used by a party who makes an acknowledgment, which is relied upon as taking a case out of the Statute of Limitations. A statement of the substance of such acknowledgment, is sufficient. [2.] A distinct admission of a present subsisting debt, is an acknowledgment from which a new... |
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Cases |
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| Burch v. Stovall |
5 Cushm. 725, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where H. requested a person to prepare a written will for her, stating at the time what disposition she desired to make of her property, but the will not being prepared as soon as expected, H. believing that she had but a short time to live, called witnesses to her bedside, when she said: that she gave, willed, and bequeathed unto her daughter, M.... |
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Cases |
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| Burke v. Murphy |
5 Cushm. 167, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
In the year 1840, the appellee M. was much involved in debt, and there were two judgments against him, one held by P. for $11,974.24 with interest thereon, subject to a credit of about $2,600, and the other was held by C. for $1,655 with interest, and said M. was also indebted to B. in a sum for which a judgment was afterwards rendered against him... |
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Cases |
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| Burn's Adm'rs v. Yeizer |
5 Cushm. 188, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where Y. and wife made a conveyance in trust of certain real estate and other property to secure B., L. & Co. in the payment of certain debts due them from Y.; and after the execution of the conveyance Y. proposed to I., the agent of B., L. & Co., to give new notes for the amount due B., L. & Co., and to secure the same by a new deed of trust upon... |
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Cases |
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| Bush v. Jackson |
24 Ala. 273, Supreme Court of Alabama (January 01, 1854) |
1854 |
APPEAL from the Circuit Court of Pickens. Tried before the Hon. JOHN E. MOORE. |
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Cases |
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| Butler v. Spann |
5 Cushm. 234, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
It is impossible to lay down any universal rule as to what constitutes multifariousness in a bill, and the application of the rule is held to depend upon the particular circumstances of the case presented. The rule of multifariousness is held not to apply where the parties have a common interest touching the matter of the bill, although they claim... |
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Cases |
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| Callis v. Kemp |
11 Gratt. 78, Supreme Court of Appeals of Virginia (May 09, 1854) |
1854 |
In the errors assigned in the petition and the argument of counsel, an objection was taken to the verdict as being too uncertain and defective. The finding is a general one for the plaintiff, unless upon a single point of law reserved, the court should be of opinion that the law is for the defendants in respect to a portion of the land claimed in... |
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Cases |
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| Cannon v. Phillips |
2 Sneed (TN) 185, Supreme Court of Tennessee (December 01, 1854) |
1854 |
Phillips sued Cannon, in the circuit court of Bedford, in an action on the case for oral slander. Defence is made, first, by demurrer to the declaration, and that is overruled. The defendant, by leave, then pleaded not guilty, and the trial resulted in a verdict and judgment for the plaintiff for $3,000. The defendant appealed in error. Counsel for... |
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Cases |
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| Cantzon v. Dorr |
5 Cushm. 245, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where A. sued B. in an action of ejectment for certain lots of land, and the declaration contained two counts, one on the demise of C. and one on the demise of D., and the evidence offered by A. was a certificate, signed by E. as State commissioner, that F. had purchased the lots in controversy and executed his notes for the purchase-money, with a... |
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Cases |
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