| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Lawson v. Shotwell |
5 Cushm. 630, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
The statute, in defining the equity jurisdiction of the circuit courts, declares, among other things, that it shall extend to cases of divorce. Hutch. Co. 739, ยง 6. Alimony is allowed only as an incident to some other proceeding which may be legally instituted by the wife against the husband, such as an action for the restitution... |
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Cases |
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| Lawson's Adm'r v. Lay's Ex'r |
24 Ala. 184, Supreme Court of Alabama (January 01, 1854) |
1854 |
APPEAL from the Circuit Court of Greene. Tried before the Hon. TURNER REAVIS. |
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Cases |
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| Lindsey v. Lindsey |
14 Ga. 657, Supreme Court of Georgia (January 01, 1854) |
1854 |
[1.] Though testimony be improperly admitted, yet, if it be not material, or if material, in favor of the party objecting, the judgment should not be reversed on this account. [2.] Upon trial of a habeas corpus, sued out by one parent, for the purpose of obtaining from the other the possession of an infant child, the question, as to whom the same... |
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Cases |
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| Lodano v. State |
25 Ala. 64, 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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Cases |
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| Loftin v. Cobb |
1 Jones (NC) 406, Supreme Court of North Carolina (June 01, 1854) |
1854 |
Upon the trial, three objections were taken against the right of the plaintiff to recover, of which two only have been urged by the defendant's counsel in the argument here. The proposition, that because the defendant, and those under whom he claimed, had been in possession for more than thirty years of the adjoining tracts of land, they thereby... |
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Cases |
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| Long v. Lewis |
16 Ga. 154, Supreme Court of Georgia (August 01, 1854) |
1854 |
The motion for a non-suit in this case, was put on two grounds: First, that the contract sued on, was one which was not to be executed within a year from the making of it, and yet was not in writing. Second. That the plaintiff's testimony proved that he left the employment of defendant without any cause, and at his own option and will. [1.] As... |
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Cases |
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| Love v. Graham |
25 Ala. 187, Supreme Court of Alabama (June 01, 1854) |
1854 |
ERROR to the Chancery Court at Wetumpka. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Lowe v. Lowe |
6 Md. 347, Court of Appeals of Maryland (December 01, 1854) |
1854 |
By the will of Lloyd M. Lowe, the appellant, John F. M. Lowe, and his sister, Sophia A. Lowe, were appointed executors. In a second codicil to the will, the testator revoked the appointment of the appellant and constituted John H. Lowe and the said Sophia A. Lowe executors. In consequence of a caveat to the will and codicil, letters pendente lite... |
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Cases |
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| Lusk v. Swon |
9 La.Ann. 367, Supreme Court of Louisiana (June 01, 1854) |
1854 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Lynch v. Leckie |
9 La.Ann. 506, Supreme Court of Louisiana (September 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Rapides, Cushman, J. |
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Cases |
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| Lyon v. Howard |
16 Ga. 481, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] For the purposes of the demurrer, the allegations of this bill must be taken as true; and so receiving them, they present a very strong case for the interposition of a Court of Equity-one in which such a Court, only, can give adequate relief. They present a state of facts, of which the complainant could not have availed himself, in defence of... |
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Cases |
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| Macon v. Willson |
9 La.Ann. 178, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Carroll, Perkins, J. |
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Cases |
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| Malinda v. Gardner |
24 Ala. 719, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Court of Probate of Dallas. |
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Cases |
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| Mandeville v. Stockett |
6 Cushm. 398, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
A record must be tried by itself and imports absolute verity; if a party desires to controvert it, the record alone must be relied upon for that purpose, by the introduction of a more perfect record. The question then can be tried by a comparison of the two records; but it cannot be tried by an isolated entry of one order in the case, or by parol... |
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Cases |
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| Manning v. Manning |
24 Ala. 386, Supreme Court of Alabama (January 01, 1854) |
1854 |
APPEAL from the Chancery Court of Lowndes. Heard before the Hon. J. W. LESESNE. |
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Cases |
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| March v. Harrell |
1 Jones (NC) 329, Supreme Court of North Carolina (June 01, 1854) |
1854 |
The corroborative testimony offered by the plaintiffs, and objected to by the defendant, was, we think, clearly admissible, upon the principle established by previous adjudications of this Court. That principle is, that where the credibility of a witness is attacked, from the nature of his evidence: from his situation: from bad character: from... |
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Cases |
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| Marchman v. Todd |
15 Ga. 25, Supreme Court of Georgia (February 01, 1854) |
1854 |
[1.] The Act of 1821, giving a summary remedy to recover the possession of personal property, is not confined to cases of fraud or violence, but extends to every other possession which has been obtained without the consent of the opposite party, or without authority of law. [2.] Where the party complaining, shows that he was heretofore in the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Marriott v. Badger |
5 Md. 306, Court of Appeals of Maryland (June 01, 1854) |
1854 |
A court of law has no power to compel an election where none has been made; a party attempting to compel an election can only obtain relief in a court of equity. Where a party holds both the legacy and the property which he claims paramount the will, it cannot be said he has made an election, for the right of choosing is not exercised whilst both... |
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Cases |
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| Marshall v. Morris |
16 Ga. 368, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1,2] As to when secondary evidence is admissible, and as to what is good secondary evidence, in the case of a lost deed. [3.] Lowe vs. Morris, (13 Ga. R. 169,) on this same deed, approved. [4.] Ordinarily, a new trial will not be granted, merely because irrelevant testimony has been admitted. [4.] A marriage settlement is not within the Act of... |
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Cases |
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| Martin v. Kirby |
11 Gratt. 67, Supreme Court of Appeals of Virginia (May 01, 1854) |
1854 |
Where a devise or testamentary gift is made to several, with words of survivorship annexed, or where the gift is to such of a class as shall survive, it becomes important to ascertain to what period the words of survivorship are intended to refer. Where no previous particular estate is interposed, but the gift is to take effect in possession... |
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Cases |
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| Martin v. Martin |
25 Ala. 201, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Perry. Tried before the Hon. THOMAS A. WALKER. |
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Cases |
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| Matthews v. Downs |
1 Jones Eq. 331, Supreme Court of North Carolina (August 01, 1854) |
1854 |
A guardian who permits a sum of money, belonging to his wards, to remain in the hands of the executor of the estate from which the money is coming, to enable him to defend a suit which is pending against that estate, in which suit the wards are materially interested, (the amount thus retained not being greater than their proportion) cannot be... |
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Cases |
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| Matthis v. Hammond |
6 Rich.Eq. 399, Court of Appeals of Equity of South Carolina (May 01, 1854) |
1854 |
Testator devised and bequeathed property, real and personal, to his mother for life, and at her death, to R. H., and if he should die without a lawful child, then to the five children of J. A., naming them, or the survivor or survivors of them, or their lawful children, if any they may have. R. H. died without ever having had a child:-Held,... |
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Cases |
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| Maury v. Coleman |
24 Ala. 381, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Sumter. Tried before the Hon. B. W. HUNTINGTON. |
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Cases |
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| Mayson's Adm'r v. Beazley's Adm'r |
5 Cushm. 106, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where the books kept both by a partnership and the survivor after the death of one of the firm, are offered in evidence, and it is proven that they were regularly kept during both periods by the same bookkeeper, and another person was regularly employed by the copartners to measure and sell the articles, to hire hands, receive and pay out money,... |
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Cases |
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| McCartney v. King |
25 Ala. 681, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Chancery Court of Talladega. Heard before the Hon. E. D. TOWNES. |
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Cases |
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| McCarty v. Rountree |
19 Mo. 345, Supreme Court of Missouri (January 01, 1854) |
1854 |
1. Under our statute, the parent, as natural guardian, has no power to dispose of the property of the minor child not derived from such parent, before giving bond with security. 2. No demand before suit is necessary where the defendant is wrongfully in possession. This was a suit commenced by Benjamin F. McCarty and Mary Ann, his wife, for the... |
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Cases |
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| McElhaney v. State |
24 Ala. 71, Supreme Court of Alabama (January 01, 1854) |
1854 |
APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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Cases |
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| McGaughey's Adm'r v. Henry |
15 B.Mon. 383, Court of Appeals of Kentucky (January 01, 1854) |
1854 |
Arthur McGaughey died, possessed of a large real and personal estate, after having made his will, which was proved and admitted to record in the county court of Christian county in October, 1852. His widow, a principal devisee, died about five days after the death of the testator, and Mrs. Harriet Henry, one of his daughters, and also a devisee,... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| McIntosh v. Merchants' & Planters' Ins. Co. |
9 La.Ann. 403, Supreme Court of Louisiana (June 01, 1854) |
1854 |
Appeal from the Fifth District Court of New Orleans, Augustin, J. |
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Cases |
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| McLeod v. Johnson |
6 Cushm. 374, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where A. filed a bill to set aside a sale of property and a settlement by B., the administratrix of an estate, alleging that the record of the probate court afforded no protection to the administratrix, because it did not show affirmatively that it was made upon notice given; and the record showed that the account was returned to the court at the... |
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Cases |
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| McLure, Brawley & Co. v. Wheeler |
6 Rich.Eq. 343, Court of Appeals of Equity of South Carolina (May 01, 1854) |
1854 |
Where judgment is recovered on a note to secure the payment of which a mortgage of land had been given, the sheriff can sell under the fi. fa. no greater interest in the land than the equity of redemption. The purchase of the equity of redemption by the mortgagee extinguishes the mortgage debt, and the effect is the same whether the purchase be... |
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Cases |
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| McNeill v. Easley |
24 Ala. 455, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Marengo. Tried before the Hon. GEORGE D. SHORTRIDGE. |
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Cases |
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| McQueen v. McQueen |
2 Jones Eq. 16, Supreme Court of North Carolina (December 01, 1854) |
1854 |
The difficulties suggested by the pleadings as to the construction of the will and codicil of the plaintiffs' testator, do not arise so much from ascertaining what his intention is, as from determining whether it be in accordance with law. He declares in terms, which cannot be misunderstood, that all his property with certain specified exceptions,... |
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Cases |
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| Mealing v. Pace |
14 Ga. 596, Supreme Court of Georgia (January 01, 1854) |
1854 |
[1.] Has not the Governor, alone, under the Constitution, the power to fill a vacancy, in the Clerkship of the Superior Court? And are the Acts of 1826 and 1842, conferring this right upon the Inferior and Superior Courts, unconstitutional and void? Quere? [2.] The several Courts of this State have the power to adjourn, from day to day, or for a... |
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Cases |
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| Melvin v. Melvin |
6 Md. 541, Court of Appeals of Maryland (December 01, 1854) |
1854 |
At the trial of this cause, the appellant objected to the competency of a witness offered by the plaintiff, on the ground of interest in the event of the suit, which objection was overruled and the witness admitted to testify for the plaintiff as competent. It does not appear that the evidence was material to the plaintiff, but in disposing of the... |
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Cases |
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| Methvin v. Methvin |
15 Ga. 97, Supreme Court of Georgia (February 01, 1854) |
1854 |
[1.] Upon proof of marriage and suit for divorce, a Court will not very strictly scrutinize the conduct of a wife, for the purpose of determining her right to temporary alimony. [2.] The Court will look to the facts, so as to ascertain the amount of the wife's separate fortune, in determining whether such allowance be needed or not, and in fixing... |
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Cases |
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| Milburn v. Walker |
11 Tex. 329, Supreme Court of Texas (January 01, 1854) |
1854 |
Where the defendants in error moved to dismiss on the ground that there was no indorsement on the transcript, of the day on which it was demanded and on which it was delivered, and nothing to show that it was demanded by or delivered to either party to the cause, the motion was overruled. It is not necessary to draw legal inferences nor to state... |
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Cases |
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| Millard's Adm'rs v. Hall |
24 Ala. 209, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Autauga. Tried before the Hon. ANDREW B. MOORE. |
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Cases |
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| Mills v. Matthews |
7 Md. 315, Court of Appeals of Maryland (December 01, 1854) |
1854 |
Where parties make a verbal agreement which is afterwards reduced to writing, the latter merges the former so as to prohibit the introduction of parol proof to show any variance or contradiction between them; but there is no necessity for applying this rule to cases where the verbal and written contracts agree in every respect. A verbal contract to... |
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Cases |
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| Mitchell v. Mitchell's Lessee |
6 Md. 224, Court of Appeals of Maryland (December 01, 1854) |
1854 |
Extrinsic evidence is only admissible to explain latent ambiguities in testamentary or other instruments of writing. A decision of the Court of Appeals, is binding and final in all subsequent litigation between the same parties and upon the same subject matter of controversy. Where the Court of Appeals has given an exposition of a will, by which... |
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Cases |
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| Montgomery v. Givhan |
24 Ala. 568, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Chancery Court of Lowndes. Heard before the Hon. ANDERSON CRENSHAW. |
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Cases |
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| Morrison v. Cook |
2 Jones (NC) 117, Supreme Court of North Carolina (December 01, 1854) |
1854 |
The question in this case depends upon the proper construction of the Act of 1831, chap. 96, entitled an Act in addition to an Act passed at the last session of the General Assembly of this State, in relation to the burning of the records of the county of Hertford; the provisions of which were applied by the Act of 1844, chap. 53, to the county... |
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Cases |
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| Moseley v. Wilkinson |
24 Ala. 411, Supreme Court of Alabama (January 01, 1854) |
1854 |
APPEAL from the Circuit Court of Montgomery. Tried before the Hon. ROBERT DOUGHERTY. |
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Cases |
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| Mosely v. Gordon |
16 Ga. 384, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] When a witness swears that he has seen the instrument presented to him, before, and was present when the same was executed: Held, that this is equivalent to an affirmative statement, that by occular proof, the witness knew that the instrument had been executed in his presence; and that if the contrary were true, and could be supported by... |
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Cases |
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| Moss v. Sandefur |
15 Ark. 381, Supreme Court of Arkansas (July 01, 1854) |
1854 |
This cause was brought here by appeal, from a judgment of the circuit court of Hempstead county, affirming a judgement of the probate court, in the matter of a summary proceeding against the appellant, at the suit of the appellee, as the executor of James H. Dunn, deceased, under the provisions of the statute authorizing the probate court, in... |
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Cases |
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| Mullen v. Scott |
9 La.Ann. 173, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Madison, Perkins, J. |
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Cases |
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| Murphy v. Simpson |
14 B.Mon. 419, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
These parties traded and exchanged horses on the Sabbath day, and this action was brought by one of them against the other on account of an alleged unsoundness in the horse he had got from him. The plaintiff's action was based upon a warranty of soundness. The defendant stated in his answer, that the contract relied upon by the plaintiff was made... |
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Cases |
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| Napier v. Barry |
24 Ala. 511, Supreme Court of Alabama (January 01, 1854) |
1854 |
APPEAL from the Circuit Court of Franklin. Tried before the Hon. JOHN E. MOORE. |
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Cases |
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| Nash v. Smallwood |
6 Md. 394, Court of Appeals of Maryland (December 01, 1854) |
1854 |
It appears that general legacies were left to the appellants, and specific legacies to the appellees and others. It required all the property, except the specific legacies, to pay debts and costs of administration. The appellants filed a petition in the orphans court, praying that the executor might be required to sell the property bequeathed to... |
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Cases |
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