| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| New Orleans v. Philippi |
9 La.Ann. 44, Supreme Court of Louisiana (January 01, 1854) |
1854 |
Appeal from the Second District Court of New Orleans, Lea, J. |
|
Cases |
|
| Newland v. Newland |
1 Jones (NC) 463, Supreme Court of North Carolina (August 01, 1854) |
1854 |
The contest between the parties arises upon the construction of the following clause in the will of Benjamin Newland: N. B.--I further will and bequeath unto my wife, Catharine Newland, two servant boys, Richard and Pinckney, to have and to hold, and to expose of at her own discretion, while she lives and at her death, so as not to be disposed of... |
|
Cases |
|
| Nickerson v. Harriman |
38 Me. 277, Supreme Judicial Court of Maine (January 01, 1854) |
1854 |
By § 23, c. 154, R. S., every master of a vessel, who shall knowingly transport out of the State, any person under the age of twenty-one years, without the consent of his parent, master and guardian, shall be punished by a fine, and shall be liable to such parent, &c., for all damages sustained, in an action on the case. No vindictive damages were... |
|
Cases |
|
| Nixon v. Robbins |
24 Ala. 663, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. MOORE. |
|
Cases |
|
| NOAH HANSON'S CASE. |
6 U.S. Op. Atty. Gen. 615 (July 19, 1854) |
1854 |
|
|
Administrative Decisions & Guidance |
|
| Noles v. State |
24 Ala. 672, Supreme Court of Alabama (June 01, 1854) |
1854 |
ERROR to the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
|
Cases |
|
| Norris v. Cobb |
8 Rich. 58, Court of Appeals of Law of South Carolina (December 01, 1854) |
1854 |
When an action is brought upon an injunction bond, the law court may look into the proceedings in equity which led to the giving of the bond, in order to determine its validity. The commissioner may grant a special injunction requiring security for the forthcoming of property, which is the subject of a bill in equity. An order by the commissioner,... |
|
Cases |
|
| Odom v. Harrison |
1 Jones (NC) 402, Supreme Court of North Carolina (June 01, 1854) |
1854 |
The evidence offered by the defendant was properly rejected. The parties had swapped horses, and the action was brought to recover damages for an alleged fraud committed by the defendant. The latter, with a view to diminish the damages, offered to prove that the horse he had got from the plaintiff, was not sound in his eyes, which diminished the... |
|
Cases |
|
| O'Neill v. Henderson |
15 Ark. 235, Supreme Court of Arkansas (July 01, 1854) |
1854 |
Whenever a perfect title, according to the laws in force in the State in which it is made, vests property in the wife, or in trustees for her use, such title remains in her, notwithstanding any change of the residence of the husband, who may exercise an apparent control and ownership of the property, or any act of fraud or negligence on the part of... |
|
Cases |
|
| Oswald v. McGehee |
6 Cushm. 340, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where a vendee purchases property upon the faith of representations of the vendor, and not upon his own judgment; and if these representations are material, and made with or without an actual fraudulent intent, and really did mislead the purchaser, and induce him to make the bargain, relying upon them: Held, that the contract cannot stand. Although... |
|
Cases |
|
| Overton v. Crockett |
12 Tex. 509, Supreme Court of Texas (January 01, 1854) |
1854 |
The controversy in this case has been waged with extraordinary zeal, vigor, and pertinacity. Exceptions to pleading, to evidence, to the charges and rulings of the Court, grounds for new trial, and in error, are accumulated in masses in the record; and extended though lucid and masterly arguments in support of the respective litigants have been... |
|
Cases |
|
| Parham v. Cobb |
9 La.Ann. 423, Supreme Court of Louisiana (June 01, 1854) |
1854 |
Appeal from the District Court of the parish of Madison, Perkins, J. |
|
Cases |
|
| Parker v. McCoy |
10 Gratt. 594, Supreme Court of Appeals of Virginia (February 13, 1854) |
1854 |
(Absent Daniel, J.) 1. The act, 1 Rev. Code of 1819, ch. 96, § 20, p. 358, Supp. Rev. Code, ch. 149, § 2, p. 208, authorizing the sale of lands, where the interest of each joint owner is less than three hundred dollars, refers to the estimated value of each interest if the land is divided, and not the value of each interest in the... |
|
Cases |
|
| Parr v. Gibbons |
5 Cushm. 375, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where objection is not made on the trial of a cause to the sufficiency of testimony to prove a fact in the court below, such an objection will not for the first time be entertained in this court. In the assessment of the value of property, or services rendered, a jury should have before them some evidence, either direct or circumstantial, to... |
|
Cases |
|
| Parramore v. Taylor |
11 Gratt. 220, Supreme Court of Appeals of Virginia (May 26, 1854) |
1854 |
1. In construing the Code, the rule of construction is that the old law was not intended to be altered, unless such intention plainly appears. 2. What does not constitute incapacity in a testator. 3. What is not an improper influence which will invalidate a will. 4. The Code of 1849, ch. 122, § 4, p. 516, in relation to the attestation of... |
|
Cases |
|
| PASSENGER LAWS.-PARDONING POWER. |
6 U.S. Op. Atty. Gen. 393 (March 24, 1854) |
1854 |
|
|
Administrative Decisions & Guidance |
|
| PASSENGER LAWS.-PARDONING POWER. |
6 U.S. Op. Atty. Gen. 488 (May 31, 1854) |
1854 |
|
|
Administrative Decisions & Guidance |
|
| Peeples v. Smith |
8 Rich. 90, Court of Appeals of Law of South Carolina (November 01, 1854) |
1854 |
Though the circuit judge improperly admitted evidence of the good character of the plaintiffs, a new trial was refused, because the evidence could have had no effect on the verdict. An appeal from the ordinary upon a question of admitting a will to probate, must be tried de novo, and the appellants may take grounds not taken before the ordinary.... |
|
Cases |
|
| Pepper v. Dunlap |
9 La.Ann. 137, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of the Parish of Madison, Perkins, J. |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Percy v. Percy |
9 La.Ann. 185, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from the District Court of West Feliciana, Stirling, J. |
|
Cases |
|
| Perry v. Marsh |
25 Ala. 659, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
|
Cases |
|
| Peter v. State |
11 Tex. 762, Supreme Court of Texas (January 01, 1854) |
1854 |
The appellant was indicted for arson, pleaded not guilty, was tried, convicted, and motions for new trial and in arrest of judgment having been overruled, he appealed. The only assigned error, insisted upon, is the overruling of the motion for arrest of judgment. The basis of that motion was, that the grand jury, by which the indictment was found,... |
|
Cases |
|
| Petigru v. Ferguson |
6 Rich.Eq. 378, Court of Appeals of Equity of South Carolina (May 01, 1854) |
1854 |
Where a minor had resided several years before his death with his step-mother in Abbeville, held, that he had such a residence in Abbeville as authorised the Ordinary of that district to grant administration of his estate, although his original domicil was in Edgefield where his father lived and died, and where his guardian was domiciled. A first... |
|
Cases |
|
| Petty v. Gayle |
25 Ala. 472, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. |
|
Cases |
|
| Phillips' Heirs v. Jamison |
14 B.Mon. 579, Court of Appeals of Kentucky (September 30, 1854) |
1854 |
(1.) Although the sheriff's return upon the execution does not show who purchased the land upon which he had levied, nor with much certainty what land was levied on and sold by him, yet, as the defendant claimed the land in controversy under the sheriff's sale, he had a right to give in evidence the record of the suit, in which the judgment was... |
|
Cases |
|
| Phillips v. State ex rel. Saunders |
15 Ga. 518, Supreme Court of Georgia (July 01, 1854) |
1854 |
[1.] Where personal property has been levied on, in the possession of the defendant, who has given a forthcoming bond for its delivery, on the day of sale, and is subsequently claimed, the Sheriff is not bound, under the law, to transfer the possession of the property, from the defendant to the claimant. [2.] The word all, as applied to persons and... |
|
Cases |
|
| Pinckard v. Pinckard |
24 Ala. 250, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Court of Probate of Chambers. |
|
Cases |
|
| Pollock v. Smith |
16 Ga. 398, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] The rule is stern and inflexible, that a party cannot ask for relief in Equity, on the ground that he has failed or omitted to make a legal defence at Law, even where the judgment at Law is manifestly wrong, unless he was prevented from doing so by fraud or accident, unmixed with any fraud or negligence in himself or his agents. [2.] Where the... |
|
Cases |
|
| Polock v. Dubose |
7 Rich.Eq. 20, Court of Appeals of Equity of South Carolina (December 01, 1854) |
1854 |
Bill against the executor of a deceased Commissioner in equity, for negligence in taking insufficient security to a bond, and in not taking prompt measures to collect it by suit, dismissed upon the evidence-no negligence being shown. |
|
Cases |
|
| Pond v. Wadsworth |
24 Ala. 531, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Montgomery. Tried before the Hon. ROBERT DOUGHERTY. |
|
Cases |
|
| Pons v. Hart |
5 Fla. 457, Supreme Court of Florida (February 01, 1854) |
1854 |
1. Where a party has substantially the benefit of a paper as evidence before the jury, the case will not be reversed because it was not formally read, or because the court had rejected it as evidence in the previous progress of the trial. 2. If a particular defence be relied upon as conclusive, it should be presented in the court below, by... |
|
Cases |
|
| Porter v. Duglass |
5 Cushm. 379, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where a bill of exceptions purports to set out the evidence in a cause, it will be presumed that it contains the whole of the evidence, or the substance of the evidence, unless the contrary appears from the bill, or from some other part of the record. If the facts of a case are admitted and established by the agreement of parties litigant, it will... |
|
Cases |
|
| Powell v. Stratton |
11 Gratt. 792, Supreme Court of Appeals of Virginia (November 23, 1854) |
1854 |
It is unnecessary in this case, to consider whether a personal representative, holding his appointment under authority of foreign laws, if found in Virginia, can under all circumstances, be sued here in his official character. There is enough in the peculiar circumstances of this case to give jurisdiction to our courts. The appellant, the defendant... |
|
Cases |
|
| Poythress v. Poythress |
16 Ga. 406, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] The only question in this case is, not whether another trustee should be substituted in the place of the one designated by the will, but whether, from the case made by the bill, a receiver should be appointed ad interim? The only ground upon which this could be done, is, that the trust estate is likely to be wasted before the termination of... |
|
Cases |
|
| Prater v. Miller |
25 Ala. 320, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Benton. Tried before the Hon. THOMAS A. WALKER. |
|
Cases |
|
| Prater's Adm'r v. Darby |
24 Ala. 496, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Circuit Court of Lauderdale. Tried before the Hon. THOMAS A. WALKER. |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Prescott v. Holmes |
7 Rich.Eq. 9, Court of Appeals of Equity of South Carolina (December 01, 1854) |
1854 |
A purchaser of personal property at an administrator's sale, who has paid the money, cannot recover it back, either from the administrator or distributees, on the ground of an implied warranty of title or soundness. |
|
Cases |
|
| Prichard v. Martin |
5 Cushm. 305, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
It is well settled, that where an employee is prevented by his employer, without reasonable ground, from performing his contract, he may sue upon the special contract, and recover damages to the amount of the actual loss sustained. An action may be brought immediately upon the breach of the contract by the employer, and the employee may recover not... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Pulliam v. Osborne |
58 U.S. 471, Supreme Court of the United States (December 01, 1854) |
1854 |
THIS case originated in the district court of the United States, for the middle district of Alabama, between Samuel Woodward, plaintiff in execution, and Amos Albritton, (claimant,) defendant, who were afterwards represented by their administrator and executor respectively. It was a contest as to the superior validity of executions issued out of a... |
|
Cases |
|
| Quisenberry's Devisees v. Quisenberry's Heirs |
14 B.Mon. 481, Court of Appeals of Kentucky (June 26, 1854) |
1854 |
On the 25th day of August, 1847, Joel Quisenberry, then laboring under an acute disease of the bladder and urethra, requiring frequent use of the catheter to draw off his urine, executed an instrument purporting to be his will, and as such attested by two subscribing witnesses. On the 4th of September following he died of the disease above referred... |
|
Cases |
|
| Randolph v. U S |
1 Newb.Adm. 497, District Court, ED Louisiana (December 01, 1854) |
1854 |
This was a libel by William Randolph, owner of the Belleville, against the steamship United States, for damages resulting from a collision. |
|
Cases |
|
| Rawlings v. Adams |
7 Md. 26, Court of Appeals of Maryland (December 01, 1854) |
1854 |
A father, in 1844, executed a bond to his daughter, then a feme covert, by which, after reciting that he had received from her full satisfaction for certain lands therein mentioned which he had recently purchased, but for which he had not received a conveyance, bound himself to execute, without delay, to her, and her heirs and assigns, a deed in... |
|
Cases |
|
| Ray v. State |
15 Ga. 223, Supreme Court of Georgia (February 01, 1854) |
1854 |
[1.] When the Court is asked to give a charge, in words which are not apt and appropriate, it is proper for it to modify the charge, so as better to convey instruction to the Jury. [2.] The formation and expression of an opinion by a Juror, from rumor, as to the guilt or innocence of the prisoner, is good cause of challenge for favor. Wherever the... |
|
Cases |
|
| RECLAMATION OF FUGITIVES FROM SERVICE IN UNORGANIZED TERRITORIES. |
6 U.S. Op. Atty. Gen. 302 (February 18, 1854) |
1854 |
|
|
Administrative Decisions & Guidance |
|
| Reese v. Beck |
24 Ala. 651, Supreme Court of Alabama (June 01, 1854) |
1854 |
ERROR to the Circuit Court of Talladega. Tried before the Hon. ROBERT DOUGHERTY. |
|
Cases |
|
| Rightor v. Slidell |
9 La.Ann. 602, Supreme Court of Louisiana (December 01, 1854) |
1854 |
Appeal from the Fifth District Court of New Orleans, Augustin, J. |
|
Cases |
|
| Ringgold v. Patterson |
15 Ark. 209, Supreme Court of Arkansas (July 01, 1854) |
1854 |
In a chancery cause, if the existence of a fact, upon which the decision must turn, is doubtful, the chancellor should, of his own motion, and it is his duty if insisted on by either party, to cause the fact to be ascertained by a jury. The finding or determination of the chancellor concerning a material issue of fact, where the issue has not been... |
|
Cases |
|
| Rives v. Baptiste |
25 Ala. 382, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
|
Cases |
|
| Rives v. Toulmin |
25 Ala. 452, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Chancery Court of Mobile. Heard before the Hon. WADE KEYES. |
|
Cases |
|
| Roach v. Anderson |
6 Cushm. 234, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
The policy of the statute of frauds was not only to prevent fraudulent and collusive dispositions of personal property, but also to protect the rights of parties purchasing in good faith such property from persons who had remained in possession of it, apparently as owners, for the period limited by the statute. Hence the provision, that no... |
|
Cases |
|