TitleCitationYearSummaryMost RelevantTypeStatus
Dunlop v. Gordon 10 La.Ann. 243, Supreme Court of Louisiana (April 01, 1855) 1855 Appeal from the Fifth District Court of New Orleans.   Cases  
Durand v. Grimes 18 Ga. 693, Supreme Court of Georgia (August 01, 1855) 1855 [1.] It is too late, after the defendant has pleaded to the merits of the action, and the cause has been submitted upon the appeal, for the defendant to demur to the declaration, upon the ground that the plaintiff, who sues as a physician, has not alleged in his writ that he was licensed to practice medicine. [2.] Plaintiff's books of account,...   Cases  
Dyer v. Bean 15 Ark. 519, Supreme Court of Arkansas (January 01, 1855) 1855 Under the rule that it requires two witnesses, or ??ne witness and strong corroborating circumstances, ??o overturn a positive denial in the answer; the testimony of a witness that he was intimately acquainted with a party, and believed that she was a ??ative of the Chickasaw tribe of Indians, without ??ating upon what facts the belief rests, or...   Cases  
Earle v. Thomas 14 Tex. 583, Supreme Court of Texas (January 01, 1855) 1855 There being cases where an execution may go out of the county, an execution from another county, though irregularly issued, is not void, but voidable only, and it is the duty of the officer who receives it to execute it. Such execution not being void, but at most irregular, could only be avoided at the instance of a party to it. The claimant of...   Cases  
Eckles v. Bates 26 Ala. 655, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Montgomery. Tried before the Hon. JOHN GILL SHORTER.   Cases  
Eckles v. Carter 26 Ala. 563, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Pike. Tried before the Hon. JOHN GILL SHORTER.   Cases  
Edelin v. Sanders 8 Md. 118, Court of Appeals of Maryland (December 01, 1855) 1855 This was an action of debt, brought by the appellant, in Baltimore County Court, against the appellee, as executor, upon an alleged bond of his testator for $2000, dated the 11th of December 1838, and payable on or before the 1st of July 1840. The suit was not brought until more than nine years after the bond became due and payable. On leave of...   Cases  
Edney v. Bryson 2 Jones (NC) 365, Supreme Court of North Carolina (August 01, 1855) 1855 An attentive examination, aided by the argument of counsel, has not enabled us to discover any error in the bill of exceptions, of which the defendants have any just cause of complaint. An executor may, if he think proper, assent to a specific legacy before he has paid the debts of his testator, of which the case of Allston v. Foster, 1 Dev. Eq....   Cases  
Edwards v. Perryman 18 Ga. 374, Supreme Court of Georgia (July 01, 1855) 1855 [1.] If the answer does not not clearly set forth such facts as, displacing the whole equity of the bill, require an injunction to be dissolved; but only swear off a portion thereof, the injunction may be dissolved pro tanto. [2.] Where a bill in Equity is filed by a trustee, under a deed of settlement, in favor of L C E, a married woman, and also,...   Cases  
Edwards v. Smith 10 La.Ann. 536, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Bossier, Drew, J.   Cases  
Ela v. Smith 5 Gray 121, Supreme Judicial Court of Massachusetts (October 01, 1855) 1855 This case presents for the first time to the consideration of the court questions of great interest and importance, arising on the true construction and practical operation of those provisions of the statutes, by which authority is given to certain civil officers to call out the organized militia of the Commonwealth to aid in preserving the public...   Cases  
Elkin v. Deshler 25 N.J.L. 177, Supreme Court of New Jersey (June 01, 1855) 1855 1. An alien has no right to vote at an election held in a school district to alter the district, pursuant to § 10 of the supplement of 1851. 2. Trustees of school districts are municipal officers, and being elected by the people, those who vote for them must have the qualifications required by Art. II. of the constitution of New Jersey. 3. A...   Cases  
Ellis v. Fisher 3 Sneed (TN) 231, Supreme Court of Tennessee (September 01, 1855) 1855 The questions in this case arise upon the construction of certain clauses of the will of John Ellis, deceased. The third clause is as follows: I give unto my sons, William and John, as trustees, in trust for the use and benefit of my daughter, Nancy Fisher, one tract of land, where John Richardson lives, amounting to one hundred acres, * * * and...   Cases  
EMINENT DOMAIN OF THE STATES.-EQUALITY OF THE STATES. 7 U.S. Op. Atty. Gen. 571 (October 24, 1855) 1855     Administrative Decisions & Guidance  
Epps v. State 19 Ga. 102, Supreme Court of Georgia (September 01, 1855) 1855 We propose to examine, briefly and in their order, the several grounds upon which the new trial was asked and refused in this case. [1.] The first complaint is, that the triors were permitted to retire with the Juror who was challenged, in order to find whether or not he stood indifferent between the State and the defendant. That challenges to the...   Cases  
Erwin v. Hamner 27 Ala. 296, Supreme Court of Alabama (June 01, 1855) 1855 [BILL IN EQUITY TO ESTABLISH NUNCUPATIVE WILL.] APPEAL from the Chancery Court of Wilcox. Heard before the Hon. J. W. LESESNE.   Cases  
Etheridge v. Corprew's Ex'rs 3 Jones (NC) 14, Supreme Court of North Carolina (December 01, 1855) 1855 As a matter of common justice, no one should be deprived of his rights without an opportunity of being heard. Hence, no order, sentence or decree, made ex parte, is conclusive; and all persons affected by it are entitled, of common right, to have it set aside. The exigence of the estates of deceased persons, sometimes requires that probate of...   Cases  
Evans v. Pierson 9 Rich. 9, Court of Appeals of Law of South Carolina (November 01, 1855) 1855 Where a husband dies intestate, and his widow accepts her distributive share of his personal estate, she is barred of her dower, as well in lands which he had aliened, as in those of which he died seized. Husband left a will purporting to dispose of both real and personal estate, but he owned no real estate at the time of his death. The ordinary...   Cases  
Ex parte Gist 26 Ala. 156, Supreme Court of Alabama (January 01, 1855) 1855 The petitioner was committed to jail, and detained under a warrant of commitment for robbing the United States mail, issued by a justice of the peace of Madison county, in conformity to the 33d section of the act of Congress, approved 24th September, 1789--1 Stat, at Large 91, § 33. It is not denied that Congress may constitutionally pass the...   Cases  
Ex parte O'Neill 8 Md. 227, Court of Appeals of Maryland (December 01, 1855) 1855 We cannot discover from the new Constitution any purpose to abrogate any of the Acts of Assembly imposing duties upon the members of the Court of Appeals in their individual capacities; but on the contrary, we are of opinion, that the members of the new Court of Appeals accepted their offices, burthened with the obligation to discharge the duties...   Cases  
Ex parte Robins 15 Ark. 402, Supreme Court of Arkansas (January 01, 1855) 1855 The showing, which, for the purpose of this application, will be taken as true, making it manifest, and being otherwise sufficient, that, from the accidental cause stated, there it no subordinate court competent to give the relief sought, and that without the interposition of this court in the exercise of its constitutional powers of superintending...   Cases  
Ex parte Robinson 6 McLean 355, Circuit Court, SD Ohio (April 01, 1855) 1855 At chambers. This was a petition by H. H. Robinson, marshal of the United States, for a writ of habeas corpus.   Cases  
Ex parte Vincent 26 Ala. 145, Supreme Court of Alabama (January 01, 1855) 1855 The building broken into was a house of two stories, in which one Adler kept goods for sale. The house below was divided into two rooms, communicating by a door in the partition which divided them. The goods were in the front room, which was used for carrying on the business, and the back room contained a few boxes of shoes, and at and before the...   Cases  
Ex parte Wells 59 U.S. 307, Supreme Court of the United States (December 01, 1855) 1855 THIS was a motion for a writ of habeas corpus, founded on a petition by Wells, setting forth the following circumstances, viz: That Wells was convicted of murder, at the December term, 1851, of the criminal court for the county of Washington, District of Columbia, and was sentenced by said court to be hanged on the 23d of April, 1852, on which...   Cases  
Farner v. Turner 1 Clarke 53, Supreme Court of Iowa (June 01, 1855) 1855 In an action of replevin for a buggy, claimed to be exempt from execution on a judgment against a firm of which plaintiff was a partner, on the ground that the same was individual property, and that plaintiff was a practicing physician, and the same was necessary for his use in his profession, in order to maintain himself and family, the plaintiff,...   Cases  
Fellowes v. Young 10 La.Ann. 267, Supreme Court of Louisiana (April 01, 1855) 1855 Appeal from the District Court of East Feliciana, Merrick, J.   Cases  
Fenner v. Kirkman 26 Ala. 650, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Lauderdale. Tried before the Hon. THOMAS A. WALKER.   Cases  
Fitts v. Fitts 14 Tex. 443, Supreme Court of Texas (January 01, 1855) 1855 Quere whether a marriage settlement which is not executed or acknowledged before a notary, but is attested by two witnesses, is valid. (See Hart. Dig., art. 2412.) (Note 66.) The trust deed, then, having binding force, there can be no objection to the substitution of a trustee for (instead of) Moore, who had departed this life; but why he should...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Floyd v. Morrow 26 Ala. 353, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Conecuh. Tried before the Hon. NAT. COOK.   Cases  
Fluker v. Henry's Adm'r 27 Ala. 403, Supreme Court of Alabama (June 01, 1855) 1855 [ACTION ON PROMISSORY NOTE BY PAYEE AGAINST MAKER.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Foster v. Rodgers 27 Ala. 602, Supreme Court of Alabama (June 01, 1855) 1855 [ASSUMPSIT ON BREACH OF WARRANTY OF QUALITY OF COTTON SOLD.] APPEAL from the Circuit Court of Russell. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Fotheree v. Lawrence 1 George 416, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. WILL: MUST BE PROBATED.-Before a will can be admitted in evidence, in support of title to property therein bequeathed, it must appear to have been regularly probated. 2. WILL: AUTHORITY OF CLERK TO RECORD.-The probate clerk has no authority to record a will, until it has been first duly admitted to probate, and consequently a certified copy of a...   Cases  
Fowler's Heirs v. Beatty 10 La.Ann. 275, Supreme Court of Louisiana (April 01, 1855) 1855 Appeal from the District Court of the parish of Lafourche, Cole, J.   Cases  
Freeman v. Dwiggins 2 Jones Eq. 162, Supreme Court of North Carolina (June 01, 1855) 1855 We have not had much difficulty in coming to the conclusion that the plaintiff is entitled to some relief, but have not found it so easy to determine what that relief should be. It is very certain, that at, and for some months before the time when the plaintiff contracted for the purchase of the defendant Dwiggins' store, the former had become an...   Cases  
Freeman v. Hatley 3 Jones (NC) 115, Supreme Court of North Carolina (December 01, 1855) 1855 We do not concur with his Honor in his opinion, either in respect to the deed, or the will. As to the deed, the objection is the want of proof that it had been duly proven and ordered to be registered. The proof is: the original deed is lost. In 1843, the courthouse of Montgomery was burnt, together with all the books and papers belonging to the...   Cases  
Friend v. Oliver 27 Ala. 532, Supreme Court of Alabama (June 01, 1855) 1855 [ACTION UNDER CODE FOR SPECIFIC RECOVERY OF BALES OF COTTON.] APPEAL from the Circuit Court of Greene. Tried before the Hon. EDMUND W. PETTUS.   Cases  
Fulkerson v. Bullard 3 Sneed (TN) 260, Supreme Court of Tennessee (September 01, 1855) 1855 The complainant filed his bill in the chancery court at Tazewell, praying to have decreed to him a legacy, to which he insists his intestate was entitled under the will of William Bullard, deceased. William Bullard died about June 26, 1852, having first made and published his will, which was regularly probated. George B. Bullard, one of the sons of...   Cases  
Garland v. Bowling Hempst. 710, Circuit Court, D Arkansas (April 01, 1855) 1855 Bill for injunction, before DANIEL, Circuit Justice. RINGO, District Judge, having been of counsel in the case, did not sit. The bill was brought to enjoin a judgment at law, rendered in the circuit court on the 55th of April, 1845, in favor of the defendant [William Bowling, as administrator of William J. Bowling, deceased], and against the...   Cases  
Garrison v. Brice 3 Jones (NC) 85, Supreme Court of North Carolina (December 01, 1855) 1855 Upon the first point, there can be no question; the Statute of 13 Eliz. avoids voluntary conveyances of personal property, as well as land, as against creditors; but the 27th Eliz. avoids conveyances of land only, as against subsequent purchasers. So, although the defendant is a purchaser for a full and valuable consideration, yet the deed...   Cases  
Gaw v. Huffman 12 Gratt. 628, Supreme Court of Appeals of Virginia (September 11, 1855) 1855 (Absent SAMUELS, J. ) 1. Testator says, It is my will and desire that my just debts be paid out of my estate by my executors hereafter mentioned. The debts are not thereby charged upon testator's real estate. 2. Executor having exhausted the personal estate in payment of debts, and being largely in advance to the estate for payment of...   Cases  
Gentile v. Plasencia 10 La.Ann. 203, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the parish of Assumption. Cole, J.   Cases  
George v. Bean 1 George 147, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. ADMINISTRATOR'S SALE: WARRANTY.-As a general rule, an administrator warrants neither the title nor soundness of property sold by him; a warranty of soundness cannot be presumed against him. 2. ADMINISTRATOR: FRAUDULENT REPRESENTATIONS BY.-A purchaser, at an administrator's sale, who seeks to avoid payment for the article bought, on the ground of...   Cases  
Gerald v. McKenzie 27 Ala. 166, Supreme Court of Alabama (June 01, 1855) 1855 [BILL IN EQUITY, FILED BY HUSBAND AND WIFE, TO PROTECT THE WIFE'S SEPARATE ESTATE, SECURED BY MARRIAGE SETTLEMENT, FROM SALE UNDER EXECUTION AT LAW.] APPEAL from the Chancery Court of Montgomery. Heard before the Hon. WADE KEYES.   Cases  
Gerkins v. Williams 3 Jones (NC) 11, Supreme Court of North Carolina (December 01, 1855) 1855 To support this action the defendant must be guilty of a fraudulent misrepresentation, or a fraudulent concealment--must be guilty of a moral falsehood. A person cannot be said to conceal that which he does not know to exist or does not believe to exist. If he does not believe it to exist, he is not bound to declare it to a purchaser. Hamrick v....   Cases  
Gibbons v. Gentry 20 Mo. 468, Supreme Court of Missouri (March 01, 1855) 1855 Some time in July, 1829, Isaac B. Gibbons, the ancestor of the appellants, who then resided in Green county, in the State of Kentucky, having wasted a large portion of his estate by dissipation, made a deed to trustees, of which the following is a copy: This indenture, made this 31st of July, 1829, between Isaac B. Gibbons, of the county of Green...   Cases  
Gill v. Downs 26 Ala. 670, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Lawrence. Tried before the Hon. JOHN E. MOORE.   Cases  
Gilliard v. Chessney 13 Tex. 337, Supreme Court of Texas (January 01, 1855) 1855 This was a trial of the right of property, and the issue rested exclusively upon the question whether the effects claimed had been purchased with the separate funds of the wife or not. The property consisted of a wagon and mule, and with respect to the latter, there was (it may be said) no evidence that the purchase-money was derived from the wife,...   Cases  
Glanton v. Anthony 15 Ark. 543, Supreme Court of Arkansas (January 01, 1855) 1855 Where a purchaser of a portion of the lands, donated, by the United States to this State, for purposes of internal improvement, situate in Jackson county, and for which he had executed his notes as prescribed by law, but received no certificate of purchase, conveyed by deed, all his right, title or claim of, in, and to any improvement or...   Cases  
Gourdain v. Baylies 10 La.Ann. 691, Supreme Court of Louisiana (September 01, 1855) 1855 Appeal from the District Court of St. Mary, Voorhies, J.   Cases  
Graves v. Graves 10 La.Ann. 212, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the Parish of Madison, Snyder, J.   Cases  
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