TitleCitationYearSummaryMost RelevantTypeStatus
City Council of Charleston v. Gadsden 8 Rich. 180, Court of Appeals of Law of South Carolina (January 01, 1855) 1855 Special verdict and venire facias de novo awarded by the Court of Appeals-the verdict finding no fact from which a legal conclusion as to the guilt of the defendant could be deduced.   Cases  
City of New Orleans v. Cannon 10 La.Ann. 764, Supreme Court of Louisiana (December 01, 1855) 1855 Appeal from the Fifth District Court of New Orleans, Augustin, J.   Cases  
City of New Orleans v. Commercial Bank of New Orleans 10 La.Ann. 735, Supreme Court of Louisiana (November 01, 1855) 1855 Appeal from the Fifth District Court of New Orleans, Augustin, J.   Cases  
City of Newport v. Taylor's Ex'rs 16 B.Mon. 699, Court of Appeals of Kentucky (January 01, 1855) 1855 In 1785, a patent was granted by the commonwealth of Virginia, to James Taylor, for 1,500 acres of land, at the junction of the Licking and Ohio rivers, lying on both rivers, and above the mouth of Licking. In 1791 and 1792, Hubbard Taylor, son of the patentee, laid off a portion of said land, at the confluence of the rivers, into streets and...   Cases  
Clark v. Clark 17 Ga. 485, Supreme Court of Georgia (February 01, 1855) 1855 [1.] This bill was filed by the representatives of David Clarke, deceased, suggesting doubts as to the proper construction of the will of the deceased, and asking direction as to the proper execution thereof. The legatees against whom it was brought, admitted, by their answer, that the doubts and difficulties suggested by the complainants did exist...   Cases  
Clark v. Holt 16 Ark. 257, Supreme Court of Arkansas (July 01, 1855) 1855 In passing upon a question of law arising upon a demurrer to a plea in the court below, this court will look alone to the plea and the declaration to which it responds. Allegations or denials contained in other pleas, upon which no question arises on the appeal, are not to be regarded, in determining the sufficiency of the plea demurred to. By the...   Cases  
Clark v. Shelton 16 Ark. 474, Supreme Court of Arkansas (July 01, 1855) 1855 Where suit is brought against an administrator, and a judgment obtained for a debt due by the intestate, it is the duty of the administrator, under the 98th section of the statute (Digest, chap. 4), to return such claim to the probate court for classification; and no other presentation or notice of his claim is required of the creditor; nor...   Cases  
Clayton v. Brown 17 Ga. 217, Supreme Court of Georgia (January 01, 1855) 1855 [1.] Without caviling about minor matters, we would say, that we are not satisfied with the manner in which this case was submitted to the Jury. If the record speaks right, it was not put upon the true ground; and upon the issues which ought to control it. The Court instructed the Jury, that if James T. Reeves remained in possession of the property...   Cases  
Clements v. Maloney 17 Ga. 289, Supreme Court of Georgia (February 01, 1855) 1855 A very limited record presents the issue for our consideration in this case. [1.] So far as we are capable of judging from that record, the verdict was obtained against the plaintiff in error, in his character of administrator. In that character, he had been made a party to the bill, after the death of his intestate, and in place and stead of the...   Cases  
Cochran v. Walker 10 La.Ann. 431, Supreme Court of Louisiana (June 01, 1855) 1855 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Cockrell v. Gurley 26 Ala. 405, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Chancery Court of Franklin. Heard before the Hon. A J. WALKER.   Cases  
Commercial Bank v. Bobo 9 Rich. 31, Court of Appeals of Law of South Carolina (November 01, 1855) 1855 B. was the indorser of L. on a note in Bank, and had a judgment against L. as indemnity, for a sum much larger than the amount of the note. The Bank recovered a junior judgment on the note against L. The Sheriff sold property and had in his hands sufficient of the proceeds to satisfy B's judgment, and thereupon B. gave the Bank an order, directing...   Cases  
Connor's Widow v. Administrators and Heirs of Connor 10 La.Ann. 440, Supreme Court of Louisiana (June 01, 1855) 1855 Appeal from the District Court of Tensas, Snyder, J.   Cases  
Consolidated Ass'n v. Wilson 10 La.Ann. 591, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Ouachita, Sharp, J.   Cases  
Cook v. De la Garza 13 Tex. 431, Supreme Court of Texas (January 01, 1855) 1855 There is in the petition no averment that it was known to the plaintiff in execution, or to the sheriff, that the defendant in execution, (now plaintiff,) whose residence is alleged in another county, had an agent or personal property in the county on which the execution might have been levied. The sheriff was not required to call upon the...   Cases  
Cook v. Thornhill 13 Tex. 293, Supreme Court of Texas (January 01, 1855) 1855 The record of the judgment recovered in the State of Mississippi establishes the right of the plaintiff to recover in the name and capacity in which she now sues. Her right to sue by her next friend was matter material and traversable in that suit; and as to that matter the judgment is final and conclusive. (1 Greenl. Ev., 528, 548.) It cannot be...   Cases  
Cooper v. Benson 6 Cushm. 766, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 By the act of 1850, abolishing the forms of pleading, no complete and well-defined system of pleading being established by that act, it is not to be presumed that any substantial remedy for a wrong was intended to be taken away, but only the form of asserting it was intended to be altered. That act provides against the application of technical...   Cases  
Cormier v. Ryan 10 La.Ann. 688, Supreme Court of Louisiana (September 01, 1855) 1855 Appeal from the District Court of Calcasieu, Dupré, J.   Cases  
Cotten v. Blocker 6 Fla. 1, Supreme Court of Florida (January 01, 1855) 1855 1. To constitute a trust or Equitable Mortgage, there must be a specific agreement between the parties in interest, and to be affected by it; there must also be a valuable consideration. 2. The case of Philips vs. Hawkins, 1 Florida, R. 362, commented on and explained. 3. A sale of mortgagee's interest under execution does not confer a complete...   Cases  
Couch v. Anderson 26 Ala. 676, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Cherokee. Tried before the Hon. THOS. A. WALKER.   Cases  
Cowles v. Rowland 2 Jones (NC) 219, Supreme Court of North Carolina (June 01, 1855) 1855 There is no error. We concur in the view taken of the case by his Honor, and believe the several points made, were correctly decided for the reasons given by him. In regard to the question of evidence, the witnesses were, in no event, liable for any part of the costs. The action was against the defendant individually, upon a covenant made by him,...   Cases  
Cox v. City of Griffin 18 Ga. 728, Supreme Court of Georgia (August 01, 1855) 1855 [1.] Creditors of the Monroe Rail Road & Banking Company levied on certain lots in the City of Griffin. The Mayor & Council of the City of Griffin filed a bill against these creditors, to prevent the levies from being executed, alleging that the lots had been dedicated to certain uses for the benefit of the citizens of Griffin: Held, that such a...   Cases  
Cox v. Rutledge 18 Ga. 294, Supreme Court of Georgia (July 01, 1855) 1855 [1.] A will is propounded for probate, discriminating largely in favor of testator's wife, and against his children by a former wife; amongst other grounds of caveat, undue influence by the wife is alleged. A witness testified, at the instance of the caveators, that bad feeling had existed between the step-mother and one of the...   Cases  
Craighead v. Wilson 59 U.S. 199, Supreme Court of the United States (December 01, 1855) 1855 THIS was an appeal from the circuit court of the United States, for the eastern district of Louisiana. Where a case is chancery was referred to a master to state accounts between the plaintiffs and defendants, to ascertain how much property remained in the hands of the latter, and how much had been sold, with the prices; to make allowances to the...   Cases  
Creswell v. Tabary 10 La.Ann. 396, Supreme Court of Louisiana (May 01, 1855) 1855 Appeal from the Second District Court of New Orleans, Lea, J.   Cases  
Croom v. Noll 6 Fla. 52, Supreme Court of Florida (January 01, 1855) 1855 The appellant instituted an action of assumpsit in Gadsden Circuit Court against the appellees, on a promissory note. There is but one count in his declaration, which is as follows, to wit: William W. Croom complains of John Noll and his wife, Elizabeth Noll, who were summoned to answer him by a plea of trespass on the case upon promises. For that...   Cases  
Cureton v. Moore 2 Jones Eq. 204, Supreme Court of North Carolina (August 01, 1855) 1855 A husband's estate, after his death, is not liable for the debts of his wife contracted by her dum sola; and although such estate may get the very property for which the debt was contracted, and [the wife being insolvent] a surety may have to pay the debt, yet such surety has no relief in Equity. Where the case presented in a bill is one that...   Cases  
Currell v. Phillips 18 Ga. 469, Supreme Court of Georgia (July 01, 1855) 1855 [1.] A motion to rule a Sheriff, on the ground that he has failed to levy on the property of the defendant in fi. fa. will not be sustained, unless the movant make it appear that he has been injured by the Sheriff's failure to levy. Rule, in Dougherty Superior Court. A fi. fa. vs. Andrew Y. Hampton, issued from May Term, 1854, and returnable to...   Cases  
Custis v. Snead 12 Gratt. 260, Supreme Court of Appeals of Virginia (March 10, 1855) 1855 The court is of opinion, that as in a proceeding at law by writ of partition, it is the regular course to assign to each parcener his part in severalty; Litt. § 276, Coke 179 b; from analogy thereto, the same course should, as a general rule, be observed where the proceeding is by bill in chancery. That such partition of the whole subject is...   Cases  
Cutter v. Waddingham 22 Mo. 206, Supreme Court of Missouri (October 01, 1855) 1855 1. The Spanish law superseded the French law in the district of Illinois (afterwards Upper Louisiana) as early as the year 1777. 2. By the Spanish law prevailing here as early as 1777, persons about to be married could not, by marriage contract, introduce a foreign law, (as for example the French law,) to regulate their property relations as...   Cases  
Dabbs v. Dabbs 27 Ala. 646, Supreme Court of Alabama (June 01, 1855) 1855 [BILL IN EQUITY BY HEIRS-AT-LAW AGAINST DEVISEES--ISSUES AT LAW TO TEST VALIDITY OF WILL AND DEED OF GIFT.] APPEAL from the Chancery Court of Tallapoosa. Heard before the Hon. JAMES B. CLARK.   Cases  
Dacy v. State 17 Ga. 439, Supreme Court of Georgia (February 01, 1855) 1855 [1.] It is no ground for a continuance, that the defendant expects to prove an alibi by an absent witness, on the day alleged in the indictment, provided the Solicitor General will waive proving the offence on that day. [2.] Though the allegation of time is important, it is in no case necessary to prove the precise day or even year laid in the...   Cases  
Dancy v. Stricklinge 15 Tex. 557, Supreme Court of Texas (January 01, 1855) 1855 It appears that the widow of John Webster, having obtained letters of administration on the estate of her deceased husband, resigned in favor of Reece, who was thereupon appointed in her stead, and gave bond as administrator, in 1840. Reece, however, it seems, did not proceed in the matter of the administration, and in 1843, upon the petition of...   Cases  
David v. David 27 Ala. 222, Supreme Court of Alabama (June 01, 1855) 1855 [BILL FOR??CE BY WIFE ON THE GROUND OF CRUELTY.] APPEAL from the Chancery Court at Wetumpka. Heard before the Hon. JAMES B. CLARK.   Cases  
Davie v. Stevens 10 La.Ann. 496, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Ouachita, R. W. Richardson, J.   Cases  
Davis v. Barham 10 La.Ann. 528, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Morehouse, Richardson, J.   Cases  
Dawson v. Callaway 18 Ga. 573, Supreme Court of Georgia (August 01, 1855) 1855 1.] The execution of a commission to take testimony, was, in all respects, regular, except that it lacked the words, answered, subscribed and sworn to before us, just above the place where the commissioners signed their names. The depositions were, in fact, signed by the witness. The commission thus executed, lay in office for more...   Cases  
De Lallande v. De Lallande 10 La.Ann. 220, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the Parish of Pointe Coupée, Farrar, J.   Cases  
Deans v. McLendon 1 George 343, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. CONTRACTS: ILLEGAL, VOID.It is now well settled, that no action can be maintained upon a contract, the consideration of which is either immoral in itself or prohibited by law, or which is made in contravention of public policy; or which grows out of, or is in connection with, an illegal or immoral act. Such contracts are null and void,...   Cases  
Dearing v. Moore 26 Ala. 586, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Tuskaloosa. Tried before the Hon. EDMUND W. PETTUS.   Cases  
Decherd v. Blanton 3 Sneed (TN) 373, Supreme Court of Tennessee (December 01, 1855) 1855 Morgan & Co. obtained a judgment for about $3,400, against J. S. Decherd and the defendant Blanton, who had contracted the debt as partners, and were jointly liable. But the partnership had, before that judgment, been dissolved, and J. S. Decherd had obligated himself to pay the debts of the firm, including the one above. Blanton being apprehensive...   Cases  
Delap v. Delap 2 Jones Eq. 290, Supreme Court of North Carolina (December 01, 1855) 1855 The pleadings do not show whether the children of the woman, Milly, were born after or before the death of the testator. If before, then they belong undoubtedly to the testator's children by his last wife; because Milly herself was given to them after the death or marriage of the widow. If after, even then, we think that they are given the same...   Cases  
Deloach v. State Bank 27 Ala. 437, Supreme Court of Alabama (June 01, 1855) 1855 [TRESPASS TO TRY TITLES TO LAND BY PURCHASER AT SHERIFF'S SALE.] APPEAL from the Circuit Court of Choctaw. Tried before the Hon. C. W. RAPIER.   Cases  
Dempsey v. Fenno 16 Ark. 491, Supreme Court of Arkansas (July 01, 1855) 1855 The 10th, 11th and 12th secs. of chap. 148, Digest, embrace guardian's bonds; and the securities in such bonds, may well apply by petition to the probate court to require the guardian to give a new bond. It is not necessary to give the circuit court jurisdiction on appeal from the probate court, that a bill of exceptions should have heen filed,...   Cases  
Denson v. Mitchell 26 Ala. 360, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Chancery Court of Barbour. Heard before the Hon. J. W. LESESNE.   Cases  
Dinkins v. Moore 17 Ga. 62, Supreme Court of Georgia (January 01, 1855) 1855 [1.] Was the copy deed properly rejected? The answer to this question depends upon the fact, of whether or not this deed was legally recorded. Under the Act authorizing this paper to go to registry, it could only be done in one of two ways, viz: either proof of its execution by one of the subscribing witnesses, or the official attestation of a...   Cases  
Dodd v. Weaver 2 Sneed (TN) 670, Supreme Court of Tennessee (April 01, 1855) 1855 This case is a contested election for the office of constable. In March, 1854, at an election for constable, in civil district No. 9, Henderson county, Weaver received forty-nine votes, and Dodd forty-seven, as appears by the sheriff's return. The election was contested in the county court, and at the trial it was considered and adjudged that...   Cases  
Dosson v. Bieller 10 La.Ann. 570, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Franklin, Barry, J.   Cases  
Drake v. Merrill 2 Jones (NC) 368, Supreme Court of North Carolina (August 01, 1855) 1855 Prior to the year 1803, William Mills was in possession of the land in question, claiming under Spruce McKay: in that year, Mills executed a deed to David Myers, his son-in-law, conveying the land to him in fee simple, in consideration of five shillings and love and affection for his daughter Phalby, wife of the said Myers. Myers held possession...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Drayton v. Rose 7 Rich.Eq. 328, Court of Appeals of Equity of South Carolina (January 01, 1855) 1855 A codicil held to be such a re-publication of the will as to pass to the residuary devisee a farm purchased by the testator after the date of the will, and before the date of the codicil, although the farm was purchased with the proceeds of a plantation which was otherwise disposed of by the will, and which the testator had in the meantime sold....   Cases  
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