| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Haralson v. Redd |
15 Ga. 148, Supreme Court of Georgia (February 01, 1854) |
1854 |
[1.] We are called on to construe the will of Nicholas Lewis, deceased, and to say, first, what estate his widow took.- Most clearly, a life estate only. The share given to her, is limited expressly to the term of her natural life, with the power of disposition, either by deed during her life, or by will after her death. She died without doing... |
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| Harper v. Archer |
6 Cushm. 212, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
It is the settled doctrine, that the right of a husband to his wife's interest in the personal estate of which the former husband of his wife died seized, is inchoate, and his title to it is only complete when a division thereof has been made, and he has reduced the property into possession. Held, that the right to the property did not vest in A.... |
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Cases |
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| Harrington v. Harrington |
15 Ga. 561, Supreme Court of Georgia (July 01, 1854) |
1854 |
[1.] This record shows that the agreement was, to refer this case to Judge PERKINS, as a sort of arbitrator, and not to the Superior Court. There was no reservation, in the order of reference, of the right of either party to except and bring his writ of error; and altogether, it impresses us as very plain, that the reference was made in the manner... |
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Cases |
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| Hatch v. Dunn |
11 Tex. 708, Supreme Court of Texas (January 01, 1854) |
1854 |
It is objected to the judgment. 1st. That the Court erred in admitting in evidence the translated copy from the land office, of the colonization contract of Power & Hewitson, with the accompanying documents. 2d. That the Commissioner of the colony had no authority to admit the grantee as a colonist, and to issue to him the title, after the... |
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Cases |
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| Hately v. State |
15 Ga. 346, Supreme Court of Georgia (April 01, 1854) |
1854 |
[1.] A principal is one who is the perpetrator of the crime; or who is present, actually or constructively, aiding and abetting in the same. [2.] He who procures, counsels, commands or incites his clerk or agent to commit a crime, in his absence, is guilty as an accessory before the fact, and cannot be convicted upon an indictment which charges him... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Heath v. Gregory |
1 Jones (NC) 417, Supreme Court of North Carolina (June 01, 1854) |
1854 |
A sealed note, signed by one of two partners, cannot be given in evidence to establish an account stated in a suit brought against the partner who did not sign it. THIS was an action of Assumpsit, commenced by a warrant from a Justice of the Peace, and brought by successive appeals to the Superior Court of Wayne county, where it was... |
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| Henderson v. State |
12 Tex. 525, Supreme Court of Texas (January 01, 1854) |
1854 |
Where the assault was admitted and an attempt was made to justify it by proof that the person assaulted was, at the time, in the act of setting fire to a house of the defendant, in the night time, accompanied by the statement that the person assaulted was not recognized by the defendant until after the assault was made, it was held that proof that... |
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Cases |
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| Henderson v. Warmack |
5 Cushm. 830, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
At common law, property purchased by the wife with money of her own earning, became the absolute property of her husband; and this rule is not changed by the statute of 1839 relative to the rights of married women. The first section of the act of 1839, enables a married woman to become possessed of any description of property by purchase, and to... |
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Cases |
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| Henshaw v. Miller |
58 U.S. 212, Supreme Court of the United States (December 01, 1854) |
1854 |
THIS case came up from the circuit court of the United States for the eastern district of Virginia, on a certificate of division in opinion between the judges thereof. Henshaw was a citizen of Massachusetts, and brought an action on the case against Charles E. Miller, in his lifetime, for fraudulently recommending one Robinson as worthy of credit,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Herndon v. Higgs |
15 Ark. 389, Supreme Court of Arkansas (July 01, 1854) |
1854 |
Under the statute of assignments, the maker of a note or obligation, being sued by an assignee and having notice that one or more of the assignments are forged, ought, for his own justification and the protection of the rights of the real owner, to interpose the defense. But his position may be a hazardous one, and the defense at law not being... |
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Cases |
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| Herndon v. Ridgway |
58 U.S. 424, Supreme Court of the United States (December 01, 1854) |
1854 |
THIS was an appeal from the district court of the United States, for the northern district of Mississippi. It was a bill filed by Herndon, under the circumstances stated in the opinion of the court, and which was dismissed by the court below. The process against Davis was served upon Messrs. Dowd and Murphy, his attorneys. A motion was made to... |
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Cases |
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| Hill v. Manser |
11 Gratt. 522, Supreme Court of Appeals of Virginia (August 26, 1854) |
1854 |
The court is of opinion that the appellant as surety for John Hill in a forthcoming bond which was forfeited, became thereby surety for the debt; and when he paid the same as such surety, he became entitled upon the principles of a court of equity, to all the rights of the creditor against the original debtor, subsisting at the time he became so... |
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| Hill v. McLaurin |
6 Cushm. 288, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Without the consent of both parties, they cannot make a contract binding, and without the capacity to comprehend fully the value of property sold, the nature and terms of the proposed contract, there can be no consent to its terms and conditions. Held, that a transaction under such circumstances, though having the legal form of a contract, would be... |
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Cases |
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| Hillyard v. Crabtree's Adm'r |
11 Tex. 264, Supreme Court of Texas (January 01, 1854) |
1854 |
Where one contracts in writing to do an entire thing, as to build a house, in consideration of a certain price for the whole, and after performing part, is disabled by sickness, from fulfilling the contract he is entitled to recover for the part performed, if it be beneficial to the other party. (Note 45.) Where one is entitled to recover for the... |
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Cases |
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| Hinkle v. Wanzer |
58 U.S. 353, Supreme Court of the United States (December 01, 1854) |
1854 |
THIS was an appeal from the circuit court of the United States for the southern district of Alabama. The case is fully stated in the opinion of the court. The points which were made by the respective counsel can better be understood by giving them in connection with their own statements of the facts; and as these were short, they are inserted. Mr.... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hinton v. Powell |
1 Jones Eq. 230, Supreme Court of North Carolina (June 01, 1854) |
1854 |
The question presented in this case arises under the will of James Hinton deceased. The item is as follows: 4th. I desire, and direct my executors, to hold and keep, the remainder of my estate, as well real as personal, as a common stock for the benefit of my wife and children, not before mentioned by name, the profits of which to go to the... |
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Cases |
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| Hooper v. Edwards |
25 Ala. 528, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Russell. Tried before the Hon. EZEKIEL PICKENS. |
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| Hunter v. Lawrence's Adm'r |
11 Gratt. 111, Supreme Court of Appeals of Virginia (May 09, 1854) |
1854 |
1. A bond executed to an executor is transferred by him to a guardian as part of the ward's estate. Whatever interest the ward has in the bond is subject to the control of the guardian, who may receive the money due thereon if voluntarily paid; may sue for it in a common law court in the name of the executor, for his own use as guardian, and cannot... |
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| Hurdle v. Outlaw |
2 Jones Eq. 75, Supreme Court of North Carolina (December 01, 1854) |
1854 |
A bequest of all my property of every description to my good friend and relative J. B. O., shows an intention to appoint a universal legatee, and therefore, not only tangible property, but monies, stocks, bonds and choses in action, were held to pass by this bequest. The next of kin have no interest in... |
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| In re Booth |
3 Wis. 1, Supreme Court of Wisconsin (June 01, 1854) |
1854 |
A writ of certiorari lies to one of the justices of this court, to review judicial acts done by him in vacation. Upon proper application, a writ of habeas corpus may be allowed, heard and determined by a justice of this court in vacation, in conformity with the statute. This court has jurisdiction of the common law writ of habeas corpus, and to... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| In re Booth |
3 Wis. 157, Supreme Court of Wisconsin (June 01, 1854) |
1854 |
The constitution of the state of Wisconsin vests in the supreme court of the state the power to issue, hear and determine the writ of habeas corpus, and to decide all the questions which legitimately arise therefrom; and to release a citizen of the state, or one entitled to its protection, from illegal imprisonment. Per WHITON, C. J. The power to... |
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| Inferior Court, for Use of Pitts, v. Cherry |
14 Ga. 594, Supreme Court of Georgia (January 01, 1854) |
1854 |
[1.] By analogy to the Common Law rule, which was established in cases of guardianship, in socage, it has been settled, generally, that a minor may choose his own guardian, at the age of fourteen. (Co. Litt. 123. 1 Black. Com. 461.) We are prepared to admit this rule as of force in our State, with the qualification, that this discretion may be so... |
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Cases |
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| Isbell v. Maclin |
24 Ala. 315, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Talladega. Tried before the Hon. ROBERT DOUGHERTY. |
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| Jarvis v. Davis |
14 B.Mon. 529, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
1. The general doctrine is well established, that an absolute bill of sale of personal property, unless it be followed and accompanied by the possession of the purchaser, is void as to the creditors of the vendor. 2. The fact that the vendor and vendee both resided in the same family will not change the operation of the rule, unless there be an... |
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Cases |
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| Jelks v. McRae |
25 Ala. 440, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Russell. Tried before the Hon. NAT. COOK. |
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Cases |
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| Jennings v. Blocker's Adm'r |
25 Ala. 415, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Greene. Tried before the Hon. TURNER REAVIS. |
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| Jim v. State |
15 Ga. 535, Supreme Court of Georgia (July 01, 1854) |
1854 |
[1.] When, upon application for a continuance by a prisoner, on account of excitement and prejudice in the public mind, the same is refused, and the prisoner tried and convicted; and it appears from the record that he was clearly and conclusively guilty, and that if delay had been granted, no testimony could have been produced, sufficient to change... |
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Cases |
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| Johnson v. Arnold |
2 Jones (NC) 113, Supreme Court of North Carolina (December 01, 1854) |
1854 |
Upon the first point, we concur with his Honor; but not for the reason assigned by him. The Act limiting the time in which prosecutions shall be commenced for misdemeanors, has a proviso, that in case the offender shall abscond or conceal himself, or the offence shall have been committed in a secret manner, the statute shall not begin to run until... |
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Cases |
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| Johnson v. City of Lexington |
14 B.Mon. 648, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
This case involves the question of the power of the mayor and councilmen of the city of Lexington to impose a tax upon the citizens, in the manner contemplated by so much of the following ordinance as requires them to list for taxation their money, notes, etc., which ordinance was adopted by the city council on the 24th day of March, 1854, viz.:... |
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Cases |
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| Johnson v. McDaniel |
15 Ark. 109, Supreme Court of Arkansas (July 01, 1854) |
1854 |
An action on the case for deceit in falsely warranting a chattel to be sound, is maintainable, though assumpsit or covenant on the express contract of warranty would, at this day, be the more appropriate remedy. When the declaration in case sets out a contract of warranty, though alleged to have been falsely and deceitfully made, the issue is upon... |
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Cases |
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| Johnston v. Dick |
5 Cushm. 277, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
It is well settled, that an absolute conveyance of property by a person at the time largely indebted, especially where the indebtedness is about to ripen into judgments, and the subsequent possession and continued enjoyment of the property by him who conveys it, creates such a presumption of fraud, as will require clear and satisfactory proof of... |
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Cases |
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| Joiner v. Joiner |
2 Jones Eq. 68, Supreme Court of North Carolina (December 01, 1854) |
1854 |
The addition which the testator made to his will, in November, 1851, and which he calls an additional clause, is undoubtedly a codicil. It was written more than three years after the will, and was intended to alter it in certain particulars. It comes, therefore, directly within the most approved definition of a codicil, which is a supplement to... |
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| Jones v. Perkins |
1 Jones Eq. 337, Supreme Court of North Carolina (August 01, 1854) |
1854 |
There was no written agreement beween the parties, or written instructions to the attorney, who drafted the convey ance by which the alleged mistake can be shown. Assuming that a Court of Equity has jurisdiction to reform a deed without some written evidence, it will certainly not do so, unless the mistake is admitted by the answer, or is... |
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Cases |
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| Jordan v. Jordan |
16 Ga. 446, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] A remitted judgment of the Supreme Court, is to have as much operation and effect in the lower Court, when there has been no supersedeas in that Court, as when there has been one. [2.] An amendment to a bill, which, in itself, would make a case that has in it no equity, which, and if added to the bill, would render the bill multifarious, will... |
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Cases |
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| Kelly v. Brooks |
25 Ala. 523, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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| Kelly v. Kelly |
12 Tex. 452, Supreme Court of Texas (January 01, 1854) |
1854 |
It is evident that the jury, in rendering their verdict, wholly disregarded both the receipt pleaded by the defendant and the instrument under which he claimed title to the property in controversy. But it is not so clear upon what ground they predicated their action; or that any sufficient ground is disclosed by the evidence in the case to support... |
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Cases |
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| Kelso v. Townsend |
13 Tex. 140, Supreme Court of Texas (January 01, 1854) |
1854 |
In this case, if the charge of the Court and finding of the jury can be considered with reference to what purports to be a statement of the facts in the record, there is manifest error; but if the statement of facts, as contended by appellee it should be, is no part of the record, and should be excluded from it, the charge would stand as an... |
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| Kersh v. Yongue |
7 Rich.Eq. 100, Court of Appeals of Equity of South Carolina (December 01, 1854) |
1854 |
Property, real and personal, was conveyed to a trustee, in trust to apply the profits to the support of H. for life, and at her death to, release and confirm unto the four present children of H., or the survivor or survivors of them, in equal shares, as tenants in common, the absolute right and title to the property. The four children all died in... |
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Cases |
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| Keys v. Norris |
6 Rich.Eq. 388, Court of Appeals of Equity of South Carolina (May 01, 1854) |
1854 |
In February, 1836, J. K. was found of unsound mind by inquisition of lunacy. He never traversed the inquisition. In August, 1838, a marriage took place between him and L. in due form of law, and in 1850, he died, leaving issue of the marriage surviving him; who claimed to be his heirs at law, and distributees: Held, that the inquisition of lunacy,... |
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| Kidd v. Manley |
6 Cushm. 156, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
The act of congress of 27th March, 1804, provides that all records and exemplifications of office books, kept in any public office of a State, not appertaining to a court, shall be proved by the attestation of the keeper of said records or books, and his seal of office, if there be one, together with the certificate of the presiding justice of the... |
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| Knight v. Knotts |
8 Rich. 35, Court of Appeals of Law of South Carolina (December 01, 1854) |
1854 |
Defendant gave plaintiff his note for eighty dollars for the hire of his boy Tom. In an action of assumpsit for employing Tom in a way contrary to the agreement, whereby his death was caused, held, that it was admissible for the plaintiff to show the terms of the contract of hiring by parol. |
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| Knight v. Wilmington & Manchester R. Co. |
1 Jones (NC) 357, Supreme Court of North Carolina (June 01, 1854) |
1854 |
We do not concur with his Honor in his opinion. At common law, neither bonds nor promissory notes were assignable at law, for the reason that they were considered mere choses in action, and the transfer of them would lead to litigation and increase maintenance. 2d Bl. Com. 291, n. 6. By the statutes 3d and 4th, of Ann, of which the first section of... |
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Cases |
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| Lackey v. Macmurdo |
9 La.Ann. 15, Supreme Court of Louisiana (January 01, 1854) |
1854 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Lacock v. Davidson |
9 La.Ann. 162, 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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| Lamb v. Pigford |
1 Jones Eq. 195, Supreme Court of North Carolina (June 01, 1854) |
1854 |
This case adds one more to the many, which have recently been before the Court, in which the plaintiff has sought by parol proof, to convert a deed absolute on its face, into a trust or security for money, upon the allegation that the clause of the declaration of trust or redemption, was omitted by reason of ignorance, mistake, fraud or undue... |
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Cases |
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| Langhorne v. Payne |
14 B.Mon. 624, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
1. No writ of error lies to reverse a decree after the lapse of three years after it is rendered, and bills of review are limited to the same period. 2. P. being indebted to L., gave a mortgage upon certain lands to secure the debt. L gave P. authority to sell, to pay the debt. L. dying, his administratrix made an agreement with P. by which a... |
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Cases |
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| Lanier v. Driver |
24 Ala. 149, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Chancery Court of Sumter. Heard before the Hon. J. W. LESESNE. |
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Cases |
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| Latham v. Pledger |
11 Tex. 439, Supreme Court of Texas (January 01, 1854) |
1854 |
We are of opinion that there was no error in excluding the deposition refused, and also the representations of Wm. Pledger, as to his agency on behalf of his mother, the defendant. From the allegations of the petition, and the evidence of Betts, it appears that the credit for the goods was extended to William Pledger personally, and not to him as... |
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Cases |
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| Latham v. Selkirk |
11 Tex. 314, Supreme Court of Texas (January 01, 1854) |
1854 |
In the trial of the right of property, levied on by execution, it is not necessary for the plaintiff to prove the judgment; but the defendant may prove by a certified copy, that the judgment is not valid and subsisting. In the trial of the right of property, levied upon by execution, the plaintiff must prove the execution; but where the execution... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Laurens v. Lucas |
6 Rich.Eq. 217, Court of Appeals of Equity of South Carolina (January 01, 1854) |
1854 |
In suit for specific performance by the vendor, the purchaser will not be compelled to take a doubtful title. In such cases, however, the Court acts on moral certainty, and the purchaser will not be allowed to object to the title on account of a bare possibility. A devise after payment of debts confers an immediate vested interest, the words of... |
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Cases |
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