| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Ellis v. McBride |
5 Cushm. 155, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
A., as a distributee of B., an intestate, cannot impeach conveyances of his (B.'s) property made by him in his lifetime, for the purpose of defrauding his creditors. The statute declares that such conveyances shall be taken only as against the persons who are creditors to be utterly void. But as between the parties and their representatives, such... |
|
Cases |
|
| Ellis v. Murray |
6 Cushm. 129, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Assuming this action to be in the nature of a writ of right, it must be subject to the fundamental rules governing such an action at common law, for the pleading statute of 1850 did not intend to dispense with the proof of what was absolutely necessary in showing demandant's title and right to recover: Held, that under the rules appertaining to... |
|
Cases |
|
| Eskridge v. State |
25 Ala. 30, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Sumter. Tried before the Hon. ALEX. B. CLITHERALL. |
|
Cases |
|
| Eulalie v. Long |
9 La.Ann. 9, Supreme Court of Louisiana (January 01, 1854) |
1854 |
Appeal from the First District Court of New Orleans, Larue, J. |
|
Cases |
|
| Ex parte Booth |
3 Wis. 145, Supreme Court of Wisconsin (June 01, 1854) |
1854 |
We think that this application must be denied. The petitioner states in his petition for the writ, that he is imprisoned in the common jail of the county of Milwaukee; and that the cause or pretense of his commitment to the said jail, according to the best of his knowledge and belief, is a warrant from Andrew G. Miller, judge of the district court... |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Ex parte Trustees of Greenville Academies |
7 Rich.Eq. 471, Court of Appeals of Equity of South Carolina (December 01, 1854) |
1854 |
Petition by the trustees of the Greenville Academies, a body corporate, for leave to transfer their land and trust to the Baptist State Convention, also a body corporate, on condition that the transferee perform the trusts on which the petitioners held their land. The Circuit Court passed an order authorising the transfer:On appeal, held,... |
|
Cases |
|
| Ex parte Van Orden |
3 Blatchf. 166, Circuit Court, SD New York (May 01, 1854) |
1854 |
This was a motion for a writ of certiorari, to be issued to a commissioner appointed by this court, commanding him to return to this court the record or minutes of proceedings before him in this case, which was an application to the commissioner by the master of an apprentice residing in the state of New Jersey, for a warrant for the arrest of the... |
|
Cases |
|
| EXTRADITION OF FUGITIVES FROM SERVICE. |
6 U.S. Op. Atty. Gen. 466 (May 27, 1854) |
1854 |
|
|
Administrative Decisions & Guidance |
|
| Farish & Co. v. Reigle |
11 Gratt. 697, Supreme Court of Appeals of Virginia (September 04, 1854) |
1854 |
In the ninth article of Judge Story's work on Bailment, is to be found the most concise and lucid exposition of the rights, duties and obligations of carriers of passengers, that I have met with. It is there stated, that carriers of passengers merely for hire, are subject to the same responsibility as carriers of goods for hire, at the common law,... |
|
Cases |
|
| Fay v. Hall |
25 Ala. 704, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Autauga. Tried before the Hon. NAT. COOK. |
|
Cases |
|
| Ferguson v. Baber's Adm'rs |
24 Ala. 402, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Chambers. Tried before the Hon. NAT. COOK. |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Field v. Weir |
6 Cushm. 56, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
It has been settled by numerous decisions of this court, that it is error to submit a cause to a jury upon issue joined, without disposing of a demurrer to the pleas interposed by the defendant; but in this case if the entry on the record can be held to amount to a demurrer at all, the plea demurred to was filed after the time limited by the... |
|
Cases |
|
| Findlay v. Whitmire |
15 Ga. 334, Supreme Court of Georgia (April 01, 1854) |
1854 |
[1.] We are informed that the first reason assigned for the dismissal of this appeal, in the Court below, was that there were no parties before the Court. We incline to think, that under the Act of 1805, (Cobb's N. D. 283,) an appeal would lie from the refusal, by the Court of Ordinary, of an ex parte application, made by an executor or... |
|
Cases |
|
| Findley's Ex'rs v. Findley |
11 Gratt. 434, Supreme Court of Appeals of Virginia (August 14, 1854) |
1854 |
On the 12th of November 1841 Samuel Findley and Elizabeth S. Harnest entered into an agreement of that date, in writing and under seal, reciting in effect that a marriage was shortly intended to be had and solemnized, by the permission of God, between the parties; declaring, amongst other things, that it was distinctly understood and agreed, that... |
|
Cases |
|
| Fitzhugh's Ex'r v. Fitzhugh |
11 Gratt. 300, Supreme Court of Appeals of Virginia (May 27, 1854) |
1854 |
1. A personal representative cannot be sued as such for services rendered or goods furnished to his testator's or intestate's estate since his death. 2. It seems that an action will not lie against the personal representative as such for the funeral expenses of his testator or intestate. 3. In some cases where money has been paid for a deceased... |
|
Cases |
|
| Fitzhugh's Ex'rs v. Fitzhugh |
11 Gratt. 210, Supreme Court of Appeals of Virginia (May 24, 1854) |
1854 |
This case is one of the first impression in this court, and I have had some difficulty in arriving at any conclusion satisfactory to my own mind. The difficulty has been somewhat increased by the conflicting pretensions relied on by the appellee to defeat the claim. The allegations of the answer that the testator had no intention of exacting... |
|
Cases |
|
| Flanner v. Moore |
1 Jones (NC) 120, Supreme Court of North Carolina (December 01, 1854) |
1854 |
Property held by copartners in a trading firm, is not the subject of suit for partition under the Act of 1829. Nor will it become so by the rights of the copartners passing into other hands. Such rights can only be, with propriety, dealt with in a Court of Equity. A dissolution of a copartnership without a settlement of its affairs, does not... |
|
Cases |
|
| Florey's Ex'rs v. Florey |
24 Ala. 241, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Court of Probate of Shelby. |
|
Cases |
|
| Folsom v. Fowler |
15 Ark. 280, Supreme Court of Arkansas (July 01, 1854) |
1854 |
A complainant in chancery may, upon a rule for that purpose, obtain the testimony of one of the defendants in the canse, saving exceptions as to his interest, &c. A party defendant, who disclaims all right to the property in controversy, and holds the legal title only as a trustee for the benefit of others, is a competent witness against his... |
|
Cases |
|
| Foute v. McDonald |
5 Cushm. 610, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
On the trial of this case in the circuit court, the plaintiff's lessor offered in evidence to sustain his title to a part of the land in litigation, the following certificate: I, Austin Morgan, register of the land-office at Jackson, Mississippi, formerly Mount Salus, hereby certify, that Jacob Collins entered the west half of north-east quarter... |
|
Cases |
|
| Fowler v. Stoneum |
11 Tex. 478, Supreme Court of Texas (January 01, 1854) |
1854 |
The Act of 1840 (Hart. Dig., p. 454), to prevent frauds and fraudulent conveyances, embraces the substance of the second Section of the statute of 13 Eliz., Ch. 5, and 27 Eliz., Ch. 4, it is proper, therefore, to consult the decisions of the English and American Courts, upon the construction of those statutes, in determining upon the construction... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Franklin v. Armfield |
2 Sneed (TN) 305, Supreme Court of Tennessee (December 01, 1854) |
1854 |
The matters submitted to the judgment of the court, in this case, arise out of the last will of Isaac Franklin, deceased, and various acts of his executors, devisees, and heirs and distributees, after his death and before the exhibition of the bill of the complainants, as well as adjudications of courts in the states of Tennessee and Louisiana.... |
|
Cases |
|
| Freeman v. Flood |
16 Ga. 528, Supreme Court of Georgia (October 01, 1854) |
1854 |
It is unnecessary for us to consider that vexed question of law which was brought to our attention, and which involves the consideration of a married woman's right to dispose of her separate estate, as a feme sole, where she is not restrained by the instrument creating it; for in our opinion, the terms of John Bellamy's will do restrain the right... |
|
Cases |
|
| French v. Hatch |
8 Fost. 331, Superior Court of Judicature of New Hampshire (July 01, 1854) |
1854 |
A testator made the following bequest: Having implicit confidence in my beloved wife, S. G., I do hereby will and bequeath to her all the property, both real and personal, that I am possessed of, during her life, except my farm in Wendell; no part of the bank stock is to be disposed of unless her comfort should require it, but it is to be... |
|
Cases |
|
| Funchess v. Seibe |
5 Cushm. 26, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
F. executed his last will and testament, which contained the following clause in substance, whereby he gave to his wife absolutely one third part of all his personal estate and two hundred acres of land to be taken off his lands in South Carolina, the land to be held by his wife, with remainder to his children. The third clause is in these words:... |
|
Cases |
|
| Funchess v. Seibe |
4 Cushm. 634, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
F. executed his last will and testament, which contained the following clause in substance, whereby he gave to his wife absolutely one third part of all his personal estate and two hundred acres of land to be taken off his lands in South Carolina, the land to be held by his wife, with remainder to his children. The third clause is in these words:... |
|
Cases |
|
| Gaillard v. Nicolas |
9 La.Ann. 176, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Lafourche Interior. Cole, J. |
|
Cases |
|
| Gallian v. Cox |
9 La.Ann. 500, Supreme Court of Louisiana (September 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Sabine, Bullard, J. |
|
Cases |
|
| Gassen v. Palfrey |
9 La.Ann. 560, Supreme Court of Louisiana (December 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Jefferson, Clarke, J. |
|
Cases |
|
| Gee v. Gee |
2 Sneed (TN) 395, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This is a contest between the complainant as widow and devisee of Joseph C. Gee, and the defendant as widow and devisee of Samuel M. Gee, in relation to the extent of their respective interests in a tract of land of 179 acres, on which the former resides. The land was purchased by the two brothers, jointly, of G. W. Sevier, 1st of January, 1838, at... |
|
Cases |
|
| Gentry v. Owen |
14 Ark. 396, Supreme Court of Arkansas (January 01, 1854) |
1854 |
Owen and Norris executed their writing obligatory to John H. Cornish, as guardian of Virginia E. Tobin, who, by his written endorsement thereon, assigned it to Gentry, the plaintiff. The defense set up by the plea is, that before the assignment by Cornish to Gentry Cornish had ceased to be guardian, and that Edward P. Tatum was, at the time the... |
|
Cases |
|
| Gibbes v. Cobb |
7 Rich.Eq. 54, Court of Appeals of Equity of South Carolina (November 01, 1854) |
1854 |
Bill by trustee under marriage settlement to recover trust property, purchased from husband. The only fact proved in order to connect S., one of the defendants, with the purchase, was that a blank note which he had previously executed by way of lending his name as surety to C., one of the purchasers, for general purposes, was without his knowledge,... |
|
Cases |
|
| Gillet v. Camp |
19 Mo. 404, Supreme Court of Missouri (March 01, 1854) |
1854 |
1. The distributive share of a wife in an estate, not reduced into possession during the marriage, does not belong to the husband after her death. Leakey's Adm'r v. Maupin, 10 Mo. 372, affirmed. 2. The personal estate of an intestate does not upon his death descend immediately to those entitled to distribution, but where there is administration on... |
|
Cases |
|
| Gilmore v. Gilmore |
9 La.Ann. 197, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of the Parish of East Baton Rouge, Robertson, J. |
|
Cases |
|
| Gilmore v. Johnston |
14 Ga. 683, Supreme Court of Georgia (January 01, 1854) |
1854 |
There are two questions in this case: 1. Is the suit barred by the Statute of Frauds? 2. Ought Johnston, the husband, to have been a party? As to the first question. Let it be admitted that the agreement partly concerned land; and that it was neither in writing, or manifested and proved by a writing. The agreement, however, only in part concerned... |
|
Cases |
|
| Golding v. Golding's Adm'r |
24 Ala. 122, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Russell. Tried before the Hon. JOHN GILL SHORTER. |
|
Cases |
|
| Goodwyn v. Goodwyn |
16 Ga. 114, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] If the right of action be once barred in the case of a tort, no subsequent acknowledgment will take it out of the express language of the Statute of Limitations. In cases of assumpsit, an acknowledgment will have this effect, because such acknowledgment then amounts to a new promise. [2.] But this principle does not apply, where the... |
|
Cases |
|
| Gould v. Hays |
25 Ala. 426, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Chancery Court of Greene. Heard before the Hon. E. D. TOWNES. |
|
Cases |
|
| Gourley v. Thompson |
2 Sneed (TN) 387, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This bill is filed by the complainant, as executor of Page P. Parker, against all who are interested under his will, or in his estate, for the construction of the will, and declaration of the rights of all the parties. The will is remarkable for its brevity and obscurity, and is as follows: I, Page P. Parker, being of sound mind, and weak of body,... |
|
Cases |
|
| Grayson v. Wilson |
5 Cushm. 553, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where S. R. G., as the administratrix of S. M. G., loaned a certain amount of money of the estate upon which a judgment was rendered, and which was by said administratrix transferred to a third person, and afterwards she made a final settlement in the probate court of her administration of said estate, but subsequently T. T. G., a distributee of... |
|
Cases |
|
| Green, Tracy & Co. v. Ingram |
16 Ga. 164, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] The allegations of a bill, which state that a firm, or some of the members composing said firm, had obtained control of certain fi. fas. and done certain acts complained of, are too loose and uncertain. So is the alternative allegation, that some of the firm had obtained control of said fi. fas. by purchase or... |
|
Cases |
|
| Hackey v. State |
15 Ga. 400, Supreme Court of Georgia (April 01, 1854) |
1854 |
[1.] Where the bill of exceptions is signed, and notice thereof is served on counsel, who acted as Solicitor General, ad interim, after the adjournment of the Court for which he was appointed, it is insufficient. Aliter, if it had been done during the term. Sci. fa. on bond, from Cobb Superior Courtconsolidated in Supreme Court. A motion was... |
|
Cases |
|
| Hairston v. Hairston |
5 Cushm. 704, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
In strict legal sense, that place is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning:Held, that two things must concur to constitute domicil: first, residence; and second, the intention of making it the home of... |
|
Cases |
|
| Haley v. Villeneuve |
11 Tex. 617, Supreme Court of Texas (January 01, 1854) |
1854 |
The petition for certiorari was manifestly insufficient, and should have been dismissed on motion. There had been no trial of the right of property, and consequently, there was no judgment of which the claimant could ask a revision. More than the time limited for obtaining a certiorari to revise the judgment of the Justice, had elapsed before the... |
|
Cases |
|
| Hall v. Hall |
11 Tex. 526, Supreme Court of Texas (January 01, 1854) |
1854 |
Subsequent purchasers and mortgagees of personal property, who are in possession of the property, are necessary parties to an action to foreclose a prior mortgage. (Note 76.) After the Act of February 5th, 1840 (and perhaps before), regulating the duties of Probate Courts, and the settlement of successions (Hart. Dig., p. 324), it was not competent... |
|
Cases |
|
| Hall v. Hall |
5 Cushm. 458, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
The title of an administrator to the property administered on exists only for special purposes, to enable him to administer the property according to law, by paying the debts of the deceased, and making distribution to those entitled to the estate upon final settlement. The possession and retention of a bequest by a legatee for some considerable... |
|
Cases |
|
| Hall v. Harris |
11 Tex. 300, Supreme Court of Texas (January 01, 1854) |
1854 |
Where a deed of trust, on personal property, contains a stipulation, that until the sale shall be made, the grantor shall have the uninterrupted possession of it, it seems that the sale may be made by the trustee, though at public sale, without taking possession; but if, in such a case, the grantor or person in possession of the property, should be... |
|
Cases |
|
| Hamilton v. Gwynn |
24 Ala. 515, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Court of Probate of Clarke. |
|
Cases |
|
| Handy v. Johnson |
5 Md. 450, Court of Appeals of Maryland (June 01, 1854) |
1854 |
Declarations or acts accompanying or immediately following the commission of the act complained of are competent and proper evidence to explain such act. The rule applicable to the res gestæ does not require the circumstance proposed to be given in evidence should have occurred at the precise time when the principal fact happened; if it arose... |
|
Cases |
|
| Hanson v. Edgerly |
9 Fost. 343, Superior Court of Judicature of New Hampshire (December 01, 1854) |
1854 |
In case, for deceit in the sale of property, the gist of the action is fraud accompanied with damage. The mere unintentional concealment or omission, on the part of the vendor, to disclose material facts which are known to himself but not to the purchaser, and to the knowledge of which he has not equal means of access, is not sufficient to sustain... |
|
Cases |
|