TitleCitationYearSummaryMost RelevantTypeStatus
Robert v. West 15 Ga. 122, Supreme Court of Georgia (February 01, 1854) 1854 [1.] Decisions made by the Courts in England, previous to the 14th day of May, 1776, are to be regarded as evidence of what the Common Law was which was adopted by our Statute of 1784, and not as being themselves the Law. Hence, to be conclusive of any question, they should be clear and well settled. [2.] Previously to May, 1776, there were of...   Cases  
Robertson v. Davis 9 La.Ann. 268, Supreme Court of Louisiana (April 01, 1854) 1854 Appeal from the District Court of the Parish of East Baton Rouge, Burk. J.   Cases  
Rowland's Adm'rs v. Shelton 25 Ala. 217, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Circuit Court of Benton. Tried before the Hon. ANDREW B. MOORE.   Cases  
Rumbly v. Stainton 24 Ala. 712, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Chancery Court of Monroe. Heard before the Hon. J. W. LESESNE.   Cases  
Ryburn v. Pryor 14 Ark. 505, Supreme Court of Arkansas (January 01, 1854) 1854 The limitation, in the action of trover, is five years, and not three years: a plea of limitation of three years was therefore properly stricken from the files. Where a plaintiff in an action of trover against the vendee of a donor, resorts to the declaration of the donor subsequent to the gift, to prove that he had given and not loaned property to...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Saffold v. Saffold 14 Ark. 408, Supreme Court of Arkansas (January 01, 1854) 1854 The original bill in this cause was exhibited by one Lamburton and Annie, his wife, she being one of the heirs at law of John Saffold, against the other heirs at law for an account and partition of his estate. Among the defendants to this bill were the appellant, John J. Saffold, against whom an order of publication was taken as a non-resident...   Cases  
Salmons v. Roundtree 24 Ala. 458, Supreme Court of Alabama (January 01, 1854) 1854 ERROR to the Circuit Court of Madison. Tried before the Hon. THOMAS A. WALKER.   Cases  
Sanderlin v. Deford 2 Jones (NC) 74, Supreme Court of North Carolina (December 01, 1854) 1854 The questions presented for our consideration in this case, arise upon the construction of the following clause in the will of Isaac J. Sanderlin, which was made, and published the 17th day of June, 1838: I lend the use of the balance of my property, both real and personal, after paying my just debts, unto my son, Willis Sanderlin, during his...   Cases  
Sargent v. Caldwell 16 Ga. 64, Supreme Court of Georgia (August 01, 1854) 1854 In this case, the bill was dismissed, on the ground that complainant had an adequate remedy at Common Law; and this is alleged as error. Let us see what would have been the remedy at Common Law, and what its efficiency. First, then, we will suppose that the complainant had made payment of the note, and had instituted his action of trover for the...   Cases  
Scott v. Key 9 La.Ann. 213, Supreme Court of Louisiana (March 01, 1854) 1854 Appeal from the District Court of the Parish of Carroll, Perkins, J.   Cases  
Sessions v. Pintard Hempst. 678 (April 29, 1854) 1854 Bill in chancery [by Richard H. Sessions, Daniel H. Sessions, and Sandford C. Faulkner against John M. Pintard], for an injunction, determined before the Hon. DANIEL RINGO, District Judge, holding the circuit court. Absent the Hon. PETER V. DANIEL, Associate Justice of the supreme court.   Cases  
Sevier v. McWhorter 5 Cushm. 442, High Court of Errors and Appeals of Mississippi (April 01, 1854) 1854 An assignment once made and assented to by the assignee, cannot be revoked or annulled at the option of the assignor. Where S. purchased certain property from B., in the year 1840, and after the purchase an execution upon a judgment of R. & Co. against B. which had been returned in 1839 satisfied in full, by the sheriff, and this...   Cases  
Sexton v. Brock 15 Ark. 345, Supreme Court of Arkansas (July 01, 1854) 1854 Where some of the counts of the declaration are bad, and a general verdict is returned, this court will not, under the statute, award a new trial, if it shall appear from the bill of exceptions that there was evidence, applicable to the good counts, upon which the jury might have been warranted in finding their verdict. The defendant filed the plea...   Cases  
Sherrod v. Calleghan 9 La.Ann. 510, Supreme Court of Louisiana (September 01, 1854) 1854 Appeal from the District Court of the Parish of Avoyelles, Cushman, J.   Cases  
Sherrod v. Hampton 25 Ala. 652, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Circuit Court of Lauderdale. Tried before the Hon. GEO. D. SHORTRIDGE.   Cases  
Shields v. Barrow 58 U.S. 130, Supreme Court of the United States (December 01, 1854) 1854 THIS was an appeal from the circuit court of the United States for the eastern district of Louisiana. The history of the case is given in the opinion of the court. Mr. Benjamin traced the case throughout all its complications, and then made the following points: 1. The first question which will arrest the attention of the court, on...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Shirley v. Shattuck 6 Cushm. 13, High Court of Errors and Appeals of Mississippi (October 01, 1854) 1854 A trustee cannot acquire an interest in the trust property, adverse to the interest of the cestui que trust, during the continuance of the trust; yet when the trust is at an end, and a new trust created, to which he is a party, it is competent for him to make new terms and stipulations, for his own security in undertaking the trust. Held, that the...   Cases  
Simonds v. Byrne 9 La.Ann. 93, Supreme Court of Louisiana (February 01, 1854) 1854 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Simpson v. Watts 6 Rich.Eq. 364, Court of Appeals of Equity of South Carolina (May 01, 1854) 1854 Application for leave to file a bill of review, or bill in the nature of a bill of review, refused. A bill of review, or bill in the nature of a bill of review, cannot be filed without the previous leave of the Court. To obtain such leave, the applicant must satisfy the Court, by his affidavit or otherwise, that new matter, which might probably...   Cases  
Skinner v. Wynne 2 Jones Eq. 41, Supreme Court of North Carolina (December 01, 1854) 1854 Joseph Halsey died in the year _, intestate, and administration on his estate was granted to H. G. Spruill, one of the defendants. The intestate left three grand children, Joseph Halsey Skinner and Sarah Skinner, whose mother, a daughter of the intestate, died before him, and Joseph Halsey Wynne, whose mother also died before the intestate. The two...   Cases  
Slaughter v. Cunningham 24 Ala. 260, Supreme Court of Alabama (January 01, 1854) 1854 ERROR to the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Smith Adm'r v. Betty 11 Gratt. 752, Supreme Court of Appeals of Virginia (November 14, 1854) 1854 1. In a chancery cause, if upon the state of the proofs at the time an issue is directed, the bill should be dismissed, it is error to direct it: And although the issue is found in favor of the plaintiff, the bill should, notwithstanding, be dismissed at the hearing. 2. When the allegations of the bill are positively denied by the answer, and the...   Cases  
Smith v. Atwood 14 Ga. 402, Supreme Court of Georgia (January 01, 1854) 1854 [1.] An affidavit by a party, that an original paper, of which he desires to make proof by secondary evidence, is lost or mislaid, and after diligent search that he cannot find it, is a substantial compliance with the 50th common law rule. [2.] Where a party, defendant, is relying upon proof of a settlement of the matter in controversy made by one,...   Cases  
Smith v. Broyles 15 B.Mon. 461, Court of Appeals of Kentucky (January 01, 1854) 1854 1. If a residuary devisee receive notes of an executor which contain usury, and give them up and take new notes, it is not a waiver of the right of the debtor to purge the usury from the transaction; nor has a residuary devisee any right in such case to go back upon the executor for the amount of the usury. 2. A successful party in any civil suit...   Cases  
Smith v. Mallory's Ex'r 24 Ala. 628, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Court of Probate of Mobile.   Cases  
Smith v. Nettles 9 La.Ann. 455, Supreme Court of Louisiana (June 01, 1854) 1854 Appeal from the District Court of the parish of East Feliciana, -, J.   Cases  
Smith v. Pearson 24 Ala. 355, Supreme Court of Alabama (January 01, 1854) 1854 ERROR to the Chancery Court of Tallapoosa. Heard before the Hon. JAMES B. CLARK.   Cases  
Snodgrass v. Branch Bank at Decatur 25 Ala. 161, Supreme Court of Alabama (June 01, 1854) 1854 ERROR to the Circuit Court of Jackson. Tried before the Hon. GEO. D. SHORTRIDGE.   Cases  
Spivey v. McGehee 24 Ala. 476, Supreme Court of Alabama (January 01, 1854) 1854 ERROR to the Circuit Court of Macon. Tried before the Hon. JNO. GILL SHORTER.   Cases  
Stackhouse v. Horton 15 N.J. Eq. 202, Prerogative Court of New Jersey (May 01, 1854) 1854 In questions of testamentary capacity the abstract opinion of any witness, medical or of any other profession, is not of any importance. No judicial tribunal would be justified in deciding against the capacity of a testator upon the mere opinions of witnesses, however numerous or respectable. The opinion of a witness must be brought to the test of...   Cases  
Stafford v. Union Bank of Louisiana 58 U.S. 275, Supreme Court of the United States (December 01, 1854) 1854 THIS was an appeal from the district court of the United States for the State of Texas. It was before the court at the last term, and is reported in 16 How. 135. It will be seen, by a reference to that case, that the court expressed its opinion, that where there was a decree in chancery from which an appeal was taken, in order to make that appeal...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Stallings v. Finch 25 Ala. 518, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Stamps v. Moore 2 Jones (NC) 80, Supreme Court of North Carolina (December 01, 1854) 1854 One domiciled in the State of Virginia, dies there, leaving a will, appointing an executor who makes probate of the will and takes letters testamentary in pursuance of the law of that State. Does his assent vest the legal title in a legatee in reference to property, which before, and at the death of the testator, was situate in this State? Story's...   Cases  
Starr v. State 25 Ala. 38, Supreme Court of Alabama (June 01, 1854) 1854 FROM the Circuit Court of Montgomery. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Starr v. State 25 Ala. 49, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Circuit Court of Montgomery. Tried before the Hon. JOHN GILL SHORTER.   Cases  
State ex rel. v. Justices of Inferior Court of Morgan County 15 Ga. 408, Supreme Court of Georgia (May 01, 1854) 1854 [1.] The Inferior Courts of our State are not allowed, in their discretion, to withhold a license from any person who applies for the same, and complies with the requirements of the law, in paying for the license, and giving bond and security to keep an orderly house. Mandamus, &c. in Morgan Superior Court. Lester Markland applied to the Inferior...   Cases  
State v. Anderson 5 Harr. 493, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) 1854 Challenges for previously formed opinions. A felon convict disqualified as a witness before judgment. The defendant was indicted for the murder of Joseph Williams, on the 30th of December, 1850. The juror first called said on the voire dire, that he had formed an opinion on the evidence adduced on the trial of Empson Bayard, for the same murder:...   Cases  
State v. Beaver 5 Harr. 508, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) 1854 The jury rendered a verdict of guilty, with intent to kill.   Cases  
State v. Buttles' Ex'r 3 Ohio St. 309, Supreme Court of Ohio (December 01, 1854) 1854 When any officer or agent of the State of Ohio, charged by law with the custody and disbursement of public money, delivers any part of it to a private person or a corporation, for use, to be repaid with interest at a future time, though the bond or other instrument evidencing the obligation to repay may denominate such disposition of the money a...   Cases  
State v. Cornish 5 Harr. 502, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) 1854 Verdict guilty of murder of the second degree.   Cases  
State v. Curry 1 Jones (NC) 280, Supreme Court of North Carolina (June 01, 1854) 1854 If two men fight upon a sudden quarrel, and one be killed, it is but manslaughter, although the death is caused by the use of a deadly weapon. But if, in such case, the killing be committed in an unusual manner, showing evidently that it is the effect of deliberate wickedness--malice, not passion, it is murder, although there be a high provocation....   Cases  
State v. Johnson 5 Harr. 507, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) 1854 that it was the magistrate's duty in the case to reduce the prisoner's confession to writing and read it to him, and offer it for his signature. (Code, 2028.) That the court would presume this to have been done; (3 Harr. Rep., 554;) but this would not of itself exclude parol evidence of the confession. It was the recognition of the written...   Cases  
State v. March 1 Jones (NC) 526, Supreme Court of North Carolina (August 01, 1854) 1854 A witness, on a cross-examination, in order to discredit him, may be asked if he had not committed perjury in the State of Georgia. Where there are two counts in a bill of indictment, and evidence of two corresponding offences proved, the Court will not order the Solicitor to select one of the offences and abandon the other. THIS was an indictment...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Martinez 9 La.Ann. 530, Supreme Court of Louisiana (November 01, 1854) 1854 Appeal from the First District Court of New Orleans, Robertson, J.   Cases  
State v. Porte 9 La.Ann. 105, Supreme Court of Louisiana (February 01, 1854) 1854 Appeal from the District Court of the Parish of Pointe CoupĂ©e, Cooley, J.,   Cases  
State v. Redden 5 Harr. 505, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) 1854 The indictment was for selling liquor contrary to law. The proof was that the defendant had liquor at a vendue, locked up in a chest; that two persons went to his wagon, asked him for liquor and got it; that they afterwards came and got more, and that one of them gave him some money. The defence denied that there was any sale of the liquor. The...   Cases  
State v. Sellers 7 Rich. 368, Court of Appeals of Law of South Carolina (May 01, 1854) 1854 A jailer is an officer amenable to the provisions of the Act of 1829 (6 Stat. 390) for the punishment of the official misconduct of district officers. The mode of appointment enters not into the essentials of an office; nor does the duration of the office. Without misconduct on his part, a sheriff is not liable, criminaliter, for the...   Cases  
State v. State Bank 5 Ind. 353, Supreme Court of Indiana (November 01, 1854) 1854 Bill in chancery by the plaintiff against the defendants. The object of the suit was to obtain the benefit of a mortgage given to the school-comissioner of Tippecanoe county for the use of the relators. The facts are these: John Sherry, on the 24th of December, 1836, borrowed of one Samuel Black, then school-commissioner, 1,527 dollars of funds in...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Thomason 1 Jones (NC) 274, Supreme Court of North Carolina (June 01, 1854) 1854 No objection is raised as to the charge. In the course of the trial, one Woollard was examined in behalf of the prisoner. Before he was called, Dr. Lucas had been examined by the State, who testified that he saw deceased on Saturday morning after the affray, which took place on the night before. The deceased had three wounds--one on the hand,...   Cases  
State v. Tilghman 5 Harr. 495, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) 1854 The defendant was indicted for stealing wood, the property of Mr. Thompson. The taking was proved, and on a question concerning the right of property, the witness said he had purchased the wood of Mr. McCaulley, and had a bill of sale for it. Booth, jr., contended, that in prosecutions for larceny, possession had always been considered sufficient...   Cases  
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