TitleCitationYearSummaryMost RelevantTypeStatus
Union Bank of Louisiana v. Bowman 9 La.Ann. 195, Supreme Court of Louisiana (March 01, 1854) 1854 Appeal from the District Court of the parish of East Feliciana, Sterling, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Vanzant v. Morris 25 Ala. 285, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Chancery Court of Morgan. Heard before the Hon. E. D. TOWNES.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Vaugh v. Cox 5 Cushm. 701, High Court of Errors and Appeals of Mississippi (October 01, 1854) 1854 Where certain creditors of an estate sued out an injunction against C., as executor of D., to prevent him from removing certain property of the deceased beyond the limits of the State with a view of defeating the rights of creditors, and also to require him to give security to apply the property to the payment of the debts of the deceased, &c.; and...   Cases  
Very v. Very 9 La.Ann. 283, Supreme Court of Louisiana (April 01, 1854) 1854 Appeal from the Parish Court of East Baton Rouge, Burk, J.   Cases  
Wade v. Jones 20 Mo. 75, Supreme Court of Missouri (October 01, 1854) 1854 1. A man may be the head of a family, within the meaning of the execution exemption act, though he has neither wife nor children. 2. A widowed sister keeping house for her brother, is a member of his family, upon whom process may be served. Appeal from Lincoln Circuit Court. This was an action begun by Wade, to recover the value of personal...   Cases  
Wall v. Wall 6 Cushm. 409, High Court of Errors and Appeals of Mississippi (October 01, 1854) 1854 It is a principle of law well settled, that however erroneous a judgment may be, it cannot, while it stands in full force and unreversed, be called in question in a collateral proceeding, where the court rendering the judgment had the power to settle the question. The principle has been settled, that the line which separates error in judgment from...   Cases  
Watson v. Bane 7 Md. 117, Court of Appeals of Maryland (December 01, 1854) 1854 Two vendors sold a large tract of land but gave no deed therefor. The vendee paid a part of the purchase money leaving a balance unpaid. Subsequently a judgment was recovered against the vendee, and on the day following the rendition of this judgment, the vendors united with the vendee in a mortgage of a part of the land to another party to secure...   Cases  
Weddington v. Sloan 15 B.Mon. 147, Court of Appeals of Kentucky (January 01, 1854) 1854 1. The jurisdiction of this court extends only to revising the final orders and judgments of inferior courts--not to the orders and judgments which judicial officers are authorized to make out of court. The decisions upon writs of habeas corpus are not required to take place in court, and can not be appealed from. 2. The consent of parties that a...   Cases  
Werner v. Kelly 9 La.Ann. 60, Supreme Court of Louisiana (January 01, 1854) 1854 Appeal from the Fourth District Court of New Orleans, Reynolds J.   Cases  
Wheat v. Wheat's Ex'rs 24 Ala. 429, Supreme Court of Alabama (January 01, 1854) 1854 APPEAL from the Court of Probate of Chambers.   Cases  
Whitaker v. Strong, for Use of 16 Ga. 81, Supreme Court of Georgia (August 01, 1854) 1854 [1.] The 2d section of the Act of 1806, regulating divorces, applies only to conditional or partial, and the 8th section, to total or absolute divorces. [2.] The 2d section of the Divorce Act of 1806, was intended to substitute a remedy, at Common Law, for granting divorces from bed and board, similar to that which is provided in English...   Cases  
White v. Latimer 12 Tex. 61, Supreme Court of Texas (January 01, 1854) 1854 Under the saving clause of the statute of limitations, which provides that where certain disabilities exist, it shall not run, the disabilities cannot be tacked together so as to present a continuous obstruction to the statute; the party can avail himself only of the disability which existed at the time the cause of action accrued. (Note 22.) Where...   Cases  
Whitlock v. Wardlaw 7 Rich. 453, Court of Appeals of Law of South Carolina (May 01, 1854) 1854 Where a will is read over to the testator, and he approves of it understandingly by executing it, all previous verbal instructions are superseded. A mere mistake by the draftsman not amounting to fraud, or not calculated to change materially the testator's disposition of his estate, will not vitiate his will-Semble. On an issue by way of appeal...   Cases  
Wilcox v. Henderson 9 La.Ann. 347, Supreme Court of Louisiana (June 01, 1854) 1854 Appeal from the District Court of East Baton Rouge, Burk, J.   Cases  
Wilkinson v. Rozier 19 Mo. 443, Supreme Court of Missouri (March 01, 1854) 1854 1. Spanish marriage contracts are within the meaning of the act of December 22, 1824, requiring all marriage contracts to be recorded within six months from the taking effect of the act, in order to affect titles, except as between parties thereto and persons having actual notice. 1. On the death of Marie Pratte, the community created by the...   Cases  
Williamson v. Wilkins 14 Ga. 416, Supreme Court of Georgia (January 01, 1854) 1854 [1.] Executors and administrators are entitled to commissions for paying out legacies as well as debts, to be charged on the assets in their hands, provided there be any general estate; and if not, then legacies as well as debts, are to abate pro tanto. [2.] Trustees are entitled to commissions for receiving and paying out dividends on Bank and...   Cases  
Wilmore v. Wilmore 15 B.Mon. 49, Court of Appeals of Kentucky (January 01, 1854) 1854 A decree (of which this court has no jurisdiction), having been rendered in favor of James Wilmore, divorcing him from his wife, Susan Wilmore, on account of her having abandoned him for one year, and the court being of opinion that she was entitled to some provision for her future support, for which, as well as for a divorce and general relief,...   Cases  
Wilson v. Clarke 5 Cushm. 270, High Court of Errors and Appeals of Mississippi (April 01, 1854) 1854 It is only where there is a total want of evidence tending to charge a defendant, that the court should direct a verdict instantly in favor of a defendant. Where one of the members of a firm who are a party to a suit, is offered as a witness, against whom a judgment might be rendered; it is held, that he is not a competent witness. It is the...   Cases  
Wilson v. Hendricks 1 Jones Eq. 295, Supreme Court of North Carolina (August 01, 1854) 1854 Upon a motion to dissolve an injunction an allegation in the bill which is evaded, and not responded to in the answer, is taken to be true. It is no ground for refusing to entertain a motion, to dissolve an injunction, that one of the defendants in the bill has not answered, where it appears that such answer, if it had been obtained, could not...   Cases  
Wilson v. Mace 2 Jones Eq. 5, Supreme Court of North Carolina (December 01, 1854) 1854 Upon a question of dissolving an injunction and sequestration to prevent the removal of property from the State, the bill of the plaintiffs will be considered as an affidavit sustaining the allegations on that side; and where, in such a case, the answer of the defendants was evasive as to the allegation of the defendants' insolvency, and silent as...   Cases  
Windham v. Williams 5 Cushm. 313, High Court of Errors and Appeals of Mississippi (April 01, 1854) 1854 The recital in the record of an oath administered to a jury of good and lawful men, in these words, who being impanelled, tried, and sworn truly to try the issue joined between the parties, &c., is held to be sufficient, and is sustained upon principle and authority. Dyson v. The State, 26 Miss. 362, cited and confirmed. In finding a verdict by a...   Cases  
Wittick v. Traun 25 Ala. 317, Supreme Court of Alabama (June 01, 1854) 1854 APPEAL from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. MOORE.   Cases  
Wood v. Yeatman 15 B.Mon. 270, Court of Appeals of Kentucky (January 01, 1854) 1854 In the fall of 1851, James Davis, of Maury county, Tennessee, went to Philadelphia, and, with the fraudulent design of not paying for the same, bought on a credit, of the appellants, an assorted stock of goods, suitable for the Tennessee market. The goods were packed in boxes, marked with his name and address, as well as the names of the vendors,...   Cases  
Woods v. Ridley 5 Cushm. 119, High Court of Errors and Appeals of Mississippi (April 01, 1854) 1854 The statute law of Tennessee, on the subject of nuncupative wills, embraces substantially the provisions of the statute of 29 Charles 2, in reference to that subject, and declares that no nuncupative will shall be good where the estate exceeds ten hundred and fifty dollars, unless proved by two witnesses present at the making thereof, and unless...   Cases  
Woodson v. Pool 19 Mo. 340, Supreme Court of Missouri (January 01, 1854) 1854 1. Indebtedness at the time of a post-nuptial settlement is evidence of fraud, although there is a diversity of opinion as to the extent of indebtedness necessary to invalidate such a settlement. 2. A conveyance for the benefit of a wife, in consideration of dower previously relinquished by her, is voluntary as to existing creditors. 3. A parol...   Cases  
Worthington v. Bullitt 6 Md. 172, Court of Appeals of Maryland (December 01, 1854) 1854 A parol agreement though partly performed at the time it was made, is still executory in its character, and the parties may reduce it to writing or substitute an entirely new written contract in its place, and when this is done the verbal agreement becomes merged in the written contract. Where there is a parol agreement respecting the purchase of...   Cases  
Wright v. Hamner 5 Md. 370, Court of Appeals of Maryland (June 01, 1854) 1854 The present appeal involves the question of the legality of the removal of this cause from the Superior court of Baltimore city, to the circuit court of Baltimore county. The removal was ordered under the act of 1854, chap. 325. In the consideration of this appeal, three questions arise: First, is the act of 1854 constitutional? Secondly, if...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Wright v. Henderson 12 Tex. 43, Supreme Court of Texas (January 01, 1854) 1854 Repeated decisions of this Court have held that a mortgage is but a security, and that the title remains in the mortgagor, subject to be divested by foreclosure of the mortgage. In this respect, the deed of trust in this case does not differ from a mortgage. The possession and the ultimate right of property remained with the grantor in the deed of...   Cases  
Wyatt v. State 25 Ala. 9, Supreme Court of Alabama (June 01, 1854) 1854 ERROR to the Circuit Court of Dallas. Tried before the Hon. NAT. COOK.   Cases  
Wyche v. Greene 16 Ga. 49, Supreme Court of Georgia (August 01, 1854) 1854 The plaintiff in error filed a bill against Thomas B. Greene and Elias McElvin, as administrator of Batt Wyche, deceased, for the purpose of having a deed of gift reformed, on the ground of mistake in drafting the same. The bill, as it stood originally, was to the effect, that Thomas B. Greene's deceased wife, Patience C. was the daughter of Batt...   Cases  
Yeldell v. Shinholster 15 Ga. 189, Supreme Court of Georgia (February 01, 1854) 1854 [1.] An administrator who takes possession of property which is in the possession of his intestate at his decease, but to which another has title, and disposes of the same as the property of his intestate, is individually liable in an action of trover, for the conversion thereof. [2.] It is not proper for counsel to interrupt the Court, while...   Cases  
Young v. McKinnie 5 Fla. 542, Supreme Court of Florida (August 01, 1854) 1854 This case was brought up by appeal from the Circuit Court of Jackson County, taken pursuant to the provision of the 3d section of the act of the last session of our General Assembly, (see Pamphlet Laws, 101,) and the first question presented for our consideration, is whether the legacy to Elizabeth Washington McKinnie, under the will of Barney...   Cases  
Abbot v. Johnson 32 N.H. 9, Superior Court of Judicature of New Hampshire (December 01, 1855) 1855 If several persons enter into a written agreement of partnership, and the majority alter the agreement in a material point, those who do not assent may retire from the firm, provided they do it within a reasonable time, and under reasonable circumstances. If the written articles stipulated that there shall be no trade in spirituous liquors, and...   Cases  
Abercrombie's Ex'r v. Abercrombie's Heirs 27 Ala. 489, Supreme Court of Alabama (June 01, 1855) 1855 [BILL IN EQUITY BY EXECUTOR FOR CONSTRUCTION OF WILL AND DIRECTIONS AS TO EXECUTION OF TRUSTS.] APPEAL from the Chancery Court of Montgomery. Heard before the Hon. WADE KEYES.   Cases  
Adams v. Adams 26 Ala. 272, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Adams v. Gillespie 2 Jones Eq. 244, Supreme Court of North Carolina (December 01, 1855) 1855 The will which is now submitted to us for construction, does not disclose much inherent difficulty in the ascertainment of its meaning. The doubts which are suggested in relation to it, have been raised principally by the act of the testator's widow in dissenting from it. By that dissent she has become entitled to her dower of one-third of all the...   Cases  
Adams v. Guice 1 George 397, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. EVIDENCE: LOST INSTRUMENT PROVED BY PAROL.-It is competent to prove by parol evidence, the contents of a written instrument, when the original is destroyed, or lost, so that after diligent search it cannot be found. 2. SAME: ALLEGATIONS OF PLEADING.-Under the New Pleadings Act of 1850, every allegation of the complaint not denied by the answer,...   Cases  
Allen v. Harper 26 Ala. 686, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Perry. Tried before the Hon. THOMAS A. WALKER.   Cases  
Ammonette v. Crandell 10 La.Ann. 174, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the parish of Madison, Perkins, J.   Cases  
Anderson v. Stewart 15 Tex. 285, Supreme Court of Texas (January 01, 1855) 1855 The original petition, the amendment and vouchers made part of the petition, present the following facts: that the said J. D. Clements made his last will and testament, which is as follows: REPUBLIC OF TEXAS, Gonzales County. I, Joseph D. Clements, of the county and republic aforesaid, being sick and weak in body, but of sound mind, memory and...   Cases  
Andrew v. Bradley 10 La.Ann. 606, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Franklin, Barry, J.   Cases  
Ansley v. Baker 14 Tex. 607, Supreme Court of Texas (January 01, 1855) 1855 The question in this cause is whether an heir who takes the estate into possession is liable for its debts before administration; for there is no question that, after administration and partition, he may be held liable to the extent of his distributive share for debts not barred by limitation. (Hart. Dig., art. 1197.) Under the laws of Spain his...   Cases  
Arendell v. Arendell 10 La.Ann. 566, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of the parish of Morehouse, Richardson, J.   Cases  
Armstrong's Heirs v. Walkup 12 Gratt. 608, Supreme Court of Appeals of Virginia (September 11, 1855) 1855 The court is of opinion, that the decree of this court, rendered in this cause when formerly here upon appeal, did not preclude the administrators of John Armstrong deceased from showing that a portion of the assets with which they were charged had become unavailable without default of the administrators, and therefore not proper credits for the...   Cases  
Attorney General ex rel. Bashford v. Barstow 4 Wis. 567, Supreme Court of Wisconsin (December 01, 1855) 1855 There is no substantial conflict between the affidavits on both sides. It is apparent to the most casual observer, that there are now three parties before the court, viz: The people, the relator and the respondent, and that the public interests are not hostile to those of either of the parties. Heretofore the attorney general, as the officer of the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Barksdale v. Macbeth 7 Rich.Eq. 125, Court of Appeals of Equity of South Carolina (January 01, 1855) 1855 Testator bequeathed property to be, after the death of S., the life-tenant, the absolute property of such of my children as may be then living, and the issue of such as may be dead, to be equally divided between them, and their heirs, administrators and assigns:-Held, that the child and issue of predeceased children of testator, living at the...   Cases  
Barnard v. Ashley 59 U.S. 43, Supreme Court of the United States (December 01, 1855) 1855 THIS was an appeal from the circuit court of the United States for the southern district of New York. The case is stated in the opinion of the court. The points of law made by the respective counsel were so interwoven with the facts, that they cannot be explained without an elaborate statement of the case. The act of congress passed on the 4th of...   Cases  
Barnes v. Strohecker 17 Ga. 340, Supreme Court of Georgia (February 01, 1855) 1855 [1.] When a day is appointed for the payment of money or part of it, or doing any other act, and the day is to happen after the thing which is the consideration of the money, or other act, is to be performed, no action can be maintained for the money or other act before the performance, for in these cases the doing of the act is manifestly a...   Cases  
Barrow v. Ker 10 La.Ann. 120, Supreme Court of Louisiana (February 01, 1855) 1855 Appeal from the District Court of the Parish of Terrebonne, Cole, J.   Cases  
Barry v. Kimball 10 La.Ann. 787, Supreme Court of Louisiana (December 01, 1855) 1855 Appeal from the Sixth District Court of New Orleans, Cotton, J.   Cases  
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