| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Green v. State |
6 Cushm. 687, High Court of Errors and Appeals of Mississippi (April 01, 1855) |
1855 |
Where a record contains the following entry: No. 400, State v. G. N. G. This day the grand-jury, under the care of their proper officer, by the hands of their foreman, J. R., returned into open court a bill of indictment against G. N. G., the defendant in this case, for murder, indorsed by the foreman of the grand-jury, a true bill:... |
|
Cases |
|
| Grimmett v. Witherington |
16 Ark. 377, Supreme Court of Arkansas (July 01, 1855) |
1855 |
In October, 1853, Maclin Grimmett filed a petition in the probate court of Union county, representing that he had been appointed by the county court of Jasper county, in the State of Texas, guardian of Newton S., Alvin M., Lucetta C., and Henrietta R. Witherington, minor heirs of James Witherington, deceased, who died intestate in said county of... |
|
Cases |
|
| Griswold v. Greer |
18 Ga. 545, Supreme Court of Georgia (August 01, 1855) |
1855 |
[1.] The defendants in error are entitled to the relief which they seek, although, in the use of the words which he has employed, the testator may have looked to an indefinite failure of issue in the line of his daughter, Mary. W. Hill. The words material to be considered, in the fourth clause of the will are, if my said daughter should at that... |
|
Cases |
|
| Hairston v. Hairston |
1 George 276, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
1. WILL: REVOCATION.-An act of cancellation, or obliteration, is equivocal in itself, and not conclusive, but only prima facie evidence of an intention to revoke; and when such act is associated with another, upon which it is dependent, and which fails of effect, the prima facie presumption of the intent to revoke is rebutted, and the obliteration... |
|
Cases |
|
| Halbert v. Halbert |
21 Mo. 277, Supreme Court of Missouri (July 01, 1855) |
1855 |
In Wilson v. Cockrill, (8 Mo. Rep. 1,) and again in Vaughn v. Guy, (17 Mo. Rep. 429,) this court decided that, after a grant of a personal chattel to one, a limitation over to another, upon the death of the first taker, was void, and that the absolute property was in the first grantee. There are two grounds upon which these decisions may be placed;... |
|
Cases |
|
| Hall v. Hall |
18 Ga. 40, Supreme Court of Georgia (May 01, 1855) |
1855 |
[1.] By the words credible witnesses, in the Statute of Frauds, competent witnesses are to be understood; and a will may be pronounced for, though the attesting witnesses depose to the incapacity of the deceased. [2.] When explaining the sense in which the term credible witnesses is to be understood, it is not error in the Court, by way of... |
|
Cases |
|
| Hamilton v. Fowlkes |
16 Ark. 340, Supreme Court of Arkansas (July 01, 1855) |
1855 |
This was a bill for specific performance, brought on the 2d December 1847, in the Lafayette circuit court, by William F. Hamilton and others, devisees of Robert Hamilton, deceased, against Edward B. Fowlkes, a purchaser, and Priscilla S. Carrington and others, heirs at law of Robert Carrington, deceased. The bill charges, that many years before the... |
|
Cases |
|
| Hamilton v. Rogers |
8 Md. 301, Court of Appeals of Maryland (December 01, 1855) |
1855 |
This is an action of trespass vi et armis, and involves a question of very great importance. It arises in the following manner:--one Joseph D. Worley of Baltimore city, purchased of Charles Rogers, the appellee, a stock of goods for $5314.80, and on the same day executed a mortgage bill of sale on said stock to secure payment of the purchase money... |
|
Cases |
|
| Hamlet v. Johnson |
26 Ala. 557, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Court of Probate of Madison. |
|
Cases |
|
| Hampton v. Hampton |
18 Ga. 513, Supreme Court of Georgia (July 01, 1855) |
1855 |
[1.] There is equity in this bill. If the trustee converts the trust property from the form in which it is, into some other form, the cestui que trust has the right to follow the property into the new form. (2 Stor. Eq. ยง 1258.) It is true, the bill is defective in some respects. It needs additional parties. It would be much the better for more... |
|
Cases |
|
| Hampton v. Rather |
1 George 193, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
1. The rule in Shelly's case, so far as personal property is concerned, has not been abolished, but still exists in this state, and will be applied, whenever it expressly or plainly appears from the instrument creating the estate, that it was the intention of the grantor, by the use of the words heirs, heirs of the body, issue, &c., to... |
|
Cases |
|
| Hannahan v. Nichols |
17 Ga. 77, Supreme Court of Georgia (January 01, 1855) |
1855 |
[1.] A ne exeat regno issues only where the claim upon the party going abroad is equitable, and it will be refused upon a mere demand at Law for money, for there it is said the defendant may be arrested and obliged to give bail, who will be liable unless they surrender him; and he may be as easily taken by that process as on a writ of ne exeat... |
|
Cases |
|
| Hansell v. Bryan |
19 Ga. 167, Supreme Court of Georgia (November 01, 1855) |
1855 |
[1.] We agree with the Court below, in the opinion, that the fact of there being no formal entry of a judgment by the Court of Ordinary, pronouncing for the will, was not a sufficient objection to the admission of the exemplification which was offered. The practice of our Courts of Ordinary, in this particular, is not very well settled, so far as... |
|
Cases |
|
| Hardesty v. Wormley |
10 La.Ann. 239, Supreme Court of Louisiana (April 01, 1855) |
1855 |
Appeal from the District Court of St. Tammany, Watterston, J. |
|
Cases |
|
| Hardy v. Hardy's Heirs |
26 Ala. 524, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Court of Probate of Dallas. |
|
Cases |
|
| Harmon v. Ryan |
10 La.Ann. 661, Supreme Court of Louisiana (September 01, 1855) |
1855 |
Appeal from the District Court of Calcasieu. |
|
Cases |
|
| Harrel v. Ward |
2 Sneed (TN) 610, Supreme Court of Tennessee (April 01, 1855) |
1855 |
The only question in this case is whether or not a sufficient foundation was laid for the reception of secondary evidence of the execution of the bill of sale exhibited in the record. The instrument purports to have been attested by two witnesses. Neither of the attesting witnesses was called to prove the execution of the instrument. Other... |
|
Cases |
|
| Harrell v. Green |
18 Ga. 711, Supreme Court of Georgia (August 01, 1855) |
1855 |
The will in this case was in the following words: Georgia, Upson County: In the name of God, amen! I, Barbary Harrell, of the County and State aforesaid, do make and ordain this my last will and testament. I recommend my soul to Almighty God. As to my worldly substance, I dispose of the same as follows: Item: I give and bequeath to my daughter,... |
|
Cases |
|
| Harris v. Hillman |
26 Ala. 380, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Franklin. Tried before the Hon. THOMAS A. WALKER. |
|
Cases |
|
| Harris v. McLaran |
1 George 533, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
1. CHATTELS: PARTIAL INTERESTS IN.-Partial and reversionary interests in chattels personal are now recognized both by courts of law and equity. 2. SAME: REVERSIONS.-Reversionary interests or quasi reversions, in chattels personal, exist now in all cases, where partial interests alone are created in them, and in all cases in which partial interests... |
|
Cases |
|
| Harris v. Smith |
16 Ga. 545, Supreme Court of Georgia (January 01, 1855) |
1855 |
[1.] It is insisted for the plaintiff in error, that in the disposition which this testator must be held to have made of the property, by the fourth clause of his will bequeathed, he intended to give the same, after the estate in his wife should terminate, to his grand-son, Daniel F. Harris, in fee tail. That such intention is, in legal... |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Harris v. Whitcomb |
4 Gray 433, Supreme Judicial Court of Massachusetts (October 01, 1855) |
1855 |
In an action against selectmen for refusing to receive the vote of an inhabitant of the town, parol evidence that the plaintiff's name was on the voting list is inadmissible without first giving notice to produce the list. The fact that a person's name is on the voting list when the meeting is opened and the voting commences is prima facie evidence... |
|
Cases |
|
| Harrison v. Johnston |
27 Ala. 445, Supreme Court of Alabama (June 01, 1855) |
1855 |
[ACTION ON PROMISSORY NOTE--APPLICATION OF PAYMENTS.] APPEAL from the Circuit Court of Greene. Tried before the Hon. EDMUND W. PETTUS. |
|
Cases |
|
| Hathaway v. Leary |
2 Jones Eq. 264, Supreme Court of North Carolina (December 01, 1855) |
1855 |
It has been too long settled to be now questioned, that in a bequest like the one before us, the interests of the legatees are vested, and if one die before the period of division has arrived, his or her share will devolve upon his or her representative. The subject is so well and so fully discussed in the cases of Perry v. Rhodes, 2 Murph. Rep.... |
|
Cases |
|
| Heard v. Heard |
18 Ga. 739, Supreme Court of Georgia (August 01, 1855) |
1855 |
In the case of Marchman vs. Todd, (15 Geo. 37,) this Court suggested that it was questionable whether or not the Legislature had made suitable provision for carrying into effect the grant of power by the Constitution to the Superior Courts for the purpose of correcting errors by certiorari, in some cases where the proceeding by an Inferior... |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Hedrick v. Banister |
10 La.Ann. 208, Supreme Court of Louisiana (March 01, 1855) |
1855 |
Appeal from the Fifth District Court of New Orleans. Augustin, J. |
|
Cases |
|
| Hemphill v. Miller |
16 Ark. 271, Supreme Court of Arkansas (July 01, 1855) |
1855 |
Where depositions taken under a commission in a chancery cause have been filed and published several years, without objection, to allow exceptions after such a lapse of time, and such gross laches, upon the ground that the witnesses were not properly sworn, nor the depositions certified according to law, could not fail greatly to... |
|
Cases |
|
| Henderson v. Trousdale |
10 La.Ann. 548, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Union, R. W. Richardson, J. |
|
Cases |
|
| Henry's Ex'r v. Dilley |
25 N.J.L. 302, Supreme Court of New Jersey (January 01, 1855) |
1855 |
1. In an action against executors for a distributive share of an estate, it is not necessary to aver in the declaration that a refunding bond had been tendered and filed. It is for the defendants, if they insist upon it, to plead the omission in abatement. 2. A husband cannot recover a legacy or bequest to his wife, if he has not reduced it to... |
|
Cases |
|
| Herman v. State |
8 Ind. 545, Supreme Court of Indiana (October 30, 1855) |
1855 |
A law which absolutely forbids the people of the State to manufacture and sell whisky, ale, porter and beer, for use as a beverage, or at all, except for the government, to be sold by it as a medicine, and absolutely prohibits the use of these articles as a beverage, is unconstitutional. It is an invasion by the government upon the faculties of... |
|
Cases |
|
| Hewson v. Creswell |
10 La.Ann. 232, Supreme Court of Louisiana (April 01, 1855) |
1855 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
|
Cases |
|
| Heyward v. Heyward's Ex'rs |
7 Rich.Eq. 289, Court of Appeals of Equity of South Carolina (January 01, 1855) |
1855 |
Testator devised his whole estate to his wife for life, with remainder to his brother N., absolutely; provided that N. do pay unto my brother T., or his heirs, the sum of five thousand pounds-one moiety thereof to be so paid at the expiration of one year from the decease of my wife, and the other moiety thereof to be paid at the expiration of two... |
|
Cases |
|
| Hill v. McRae |
27 Ala. 175, Supreme Court of Alabama (June 01, 1855) |
1855 |
[BILL IN EQUITY BY JUDGMENT CREDITOR, WHO HAS EXHAUSTED HIS LEGAL REMEDIES, TO SUBJECT DEBTOR'S EQUITABLE ESTATE.] APPEAL from the Chancery Court of Sumter. Heard before the Hon. WADE KEYES. |
|
Cases |
|
| Hill v. Tippett |
10 La.Ann. 554, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Claiborne, Drew, J. |
|
Cases |
|
| Hill v. Whitfield |
3 Jones (NC) 120, Supreme Court of North Carolina (December 01, 1855) |
1855 |
A sheriff's deed is not made void at law by the fraudulent conduct of the plaintiff in the execution, (as, by suppressing competition at the sale and thereby getting the property at an undervalue,) there being no collusion between the sheriff and the purchaser. In such a case, the deed passes the title to the purchaser, and the defendant must seek... |
|
Cases |
|
| Hinson v. Hinson |
10 La.Ann. 580, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Morehouse, Barry, J. |
|
Cases |
|
| Hogan v. Kellum |
13 Tex. 396, Supreme Court of Texas (January 01, 1855) |
1855 |
The process under which the sheriff acted was clearly void upon its face, consequently he could not justify under it, and there was no error in the judgment sustaining exceptions to the plea of justification. But the suit was for the recovery of the mule or its value; the petition alleging a conversion by the defendant, but praying judgment... |
|
Cases |
|
| Hoggatt v. Morancy |
10 La.Ann. 169, Supreme Court of Louisiana (March 01, 1855) |
1855 |
Appeal from the District Court of the Parish of Madison, Snyder, J. |
|
Cases |
|
| Holloway v. Armstrong |
1 George 504, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
NEW TRIAL.Where the verdict of the jury is clearly in accordance with the weight of the evidence, the court will not, in a civil case, reverse for error in the instructions given by the court to the jury. |
|
Cases |
|
| Holmes v. Bacon |
6 Cushm. 607, High Court of Errors and Appeals of Mississippi (April 01, 1855) |
1855 |
Where J. K. with E. as security or indorser, was indebted to J. B., who was secured by a deed in trust, and afterwards E. applied to J. B. through his agent to pay the debt by giving a sight draft on A. & Bro., which the agent was assured would be paid promptly; and relying upon the promises of E. the agent took the draft and delivered the note to... |
|
Cases |
|
| Holmes v. Caldwell & Co. |
8 Rich. 247, Court of Appeals of Law of South Carolina (January 01, 1855) |
1855 |
Defendants, co-partners and factors, doing business in Charleston, employed plaintiff, and contracted to give him all their draying. Defendants afterwards dissolved their partnership, and the new firm, employed another drayman:Held, that the contract terminated with the partnership, and that the new firm did not employ the plaintiff was no... |
|
Cases |
|
| Holmesly v. Hogue |
2 Jones (NC) 391, Supreme Court of North Carolina (August 01, 1855) |
1855 |
We are not sure that we have been able rightly to understand the case sent us in this record, or the intended bearing of the testimony excepted to. This obscurity may be the effect of haste in drawing up the exceptions, (which should ever present the point in contest with clearness and brevity,) or of imperfect chirography, rendering it sometimes... |
|
Cases |
|
| Homochitto River Com'rs v. Withers |
7 Cushm. 21, High Court of Errors and Appeals of Mississippi (April 01, 1855) |
1855 |
The legislature has general power to pass laws providing for measures of internal improvement of the public rivers and other highways within the limits of the State, subject only to the restrictions and limitations in the constitution. One of these restrictions is, that private property shall not be taken or applied to the public use, without just... |
|
Cases |
|
| Hooper v. Taylor |
39 Me. 224, Supreme Judicial Court of Maine (January 01, 1855) |
1855 |
The book of a party, containing his original entries of charges fairly and honestly made, in the regular course of his business, and at or about the time of the transactions to which they refer, with his suppletory oath, is admissible as testimony in support of the items therein. What may be the form or construction of the book, or of what material... |
|
Cases |
|
| Howard v. Copley |
10 La.Ann. 504, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Ouachita, R. W. Richardson, J. |
|
Cases |
|
| Howze v. Howze |
14 Tex. 232, Supreme Court of Texas (January 01, 1855) |
1855 |
Appeal from Rusk. Suit by appellant against appellee, commenced May 7, 1853, for a wagon and yoke of oxen and damages for their detention. The petition alleged that the plaintiff was the relict of James Howze, who died in June, 1852; that said James had left a will, which had been regularly probated, and of which the defendant was executor; that... |
|
Cases |
|
| Hull v. Dowdall |
20 Mo. 359, Supreme Court of Missouri (January 01, 1855) |
1855 |
1. The provision in the new practice, authorizing clerks to enter judgments on the confession of the party, is constitutional. 2. The supreme court will not reverse a judgment overruling a motion to quash an execution upon a judgment by confession, because of an omission by the clerk to indorse the judgment upon the written statement of the... |
|
Cases |
|
| Humphreys v. Caraway |
10 La.Ann. 617, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of the parish of Bossier, Jones, J. |
|
Cases |
|
| In re Williamson's Case |
3 Am. Law Reg. 741, Supreme Court of Pennsylvania (January 01, 1855) |
1855 |
A petition for habeas corpus will be denied when it appears by the petitioner's own showing that he is legally confined. Upon a habeas corpus the judgment even of a subordinate state court having jurisdiction of the subject-matter, cannot be reviewed in this court; but such judgment, however erroneous, must be taken as legal and valid until... |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Isaac v. Graves' Ex'r |
16 B.Mon. 365, Court of Appeals of Kentucky (December 15, 1855) |
1855 |
This petition was filed by Thomas Jett, executor of Nelson Graves, deceased, to obtain a construction of the will of his testator, and a determination of the rights growing out of it as they might affect his own action in the management of the estate, and in fulfillment of the trust confided in him. The will, which was admitted to record in August,... |
|
Cases |
|