| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Jackson v. Jackson |
6 Cushm. 674, High Court of Errors and Appeals of Mississippi (April 01, 1855) |
1855 |
The rule is settled in England, and the same prevails in many of the States of this Union, that the value of the property at the time of an advancement must govern in the distribution after it has been brought into hotchpot; and the same rule prevails in this State under our statute. By the terms used in the statute bringing or... |
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Cases |
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| Jackson's Adm'r v. King's Adm'r |
12 Gratt. 499, Supreme Court of Appeals of Virginia (August 27, 1855) |
1855 |
1. The creditor of a partnership may lose his remedy against the estate of the deceased partner, by his laches in prosecuting his claim against the surviving partner. 2. In such case there is no definite and fixed rule by which to measure the delay and neglect which will deprive the creditor of his remedy against the estate of the deceased partner.... |
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Cases |
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| James v. Kirk |
7 Cushm. 206, High Court of Errors and Appeals of Mississippi (April 01, 1855) |
1855 |
The statute of Louisiana provides that acts of sale may be legally made by being registered in the office of a notary who is made the depository of them. Civ. Co. Art. 2242-2247. And such an act is treated as a record. Ib. 2250. Held, that the second section of the act of congress of March 27, 1804, enumerates public acts, records, office... |
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Cases |
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| Jenkins v. McConico |
26 Ala. 213, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Sumter. Tried before the Hon. ALEX. B. CLITHERALL. |
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Cases |
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| Jenkins v. State |
1 George 408, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
1. RECORD: INDICTMENT.The record must show that the indictment on which the prisoner was tried, was returned into court by the grand jury. 2. SAME.In a change of venue in a criminal case, the record transmitted to the court to which the venue is changed, must appear to be the record of the proceedings upon the indictment on which the... |
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Cases |
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| Jennings v. Paine |
4 Wis. 358, Supreme Court of Wisconsin (June 01, 1855) |
1855 |
We have no doubt that the nonsuit in this case was rightly ordered. The testimony of the plaintiff at the trial clearly established the following facts: 1st. That the alleged slanderous words were spoken by the defendant as an attorney at law, while he was defending his client before a commissioner of the United States, while the client was being... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Jeter v. Sandall |
10 La.Ann. 237, Supreme Court of Louisiana (April 01, 1855) |
1855 |
Appeal from the District Court of East Feliciana. Sterling, J. |
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Cases |
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| Jewell v. Read |
10 La.Ann. 144, Supreme Court of Louisiana (February 01, 1855) |
1855 |
Appeal from the District Court of the Parish of Madison, -, J. |
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Cases |
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| Johnson v. Boyles |
26 Ala. 576, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Monroe. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Johnston v. Overman |
2 Jones Eq. 182, Supreme Court of North Carolina (August 01, 1855) |
1855 |
On the 8th of February, 1839, Samuel Lowrie, the intestate of the plaintiff, executed a deed, conveying certain property to H. C. Owen, the intestate of the defendants, in trust, to sell and pay the debts therein named. On 28th of April, 1841, Owen sold all, or a part of the property, and died intestate about the year 1847. At January sessions,... |
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Cases |
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| Jolly v. Jolly |
1 Clarke 9, Supreme Court of Iowa (June 01, 1855) |
1855 |
IN cases of divorce, the District Court, under section 1485 of the Code of Iowa, which provides that when a divorce is decreed, the court may make such order in relation to the children and property of the parties, and the maintenance of the wife, as shall be right and proper, may decree the wife, as her alimony, a certain portion of... |
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Cases |
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| Jones v. Central R.R. & Banking Co. |
18 Ga. 247, Supreme Court of Georgia (June 01, 1855) |
1855 |
The Court not being unanimous, delivered opinions seriatim. There are two questions presented for our determination in this bill of exceptions: 1st. Had the Superior Court of Burke County jurisdiction of the case? And, 2d, should the action have been brought within fifteen days, or at any rate, notice of the damage done, given within that time, to... |
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Cases |
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| Jones v. Covey |
26 Ala. 464, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Tuskaloosa. Tried before the Hon. GEO. D. SHORTRIDGE. |
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Cases |
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| Jordan v. McKenzie |
1 George 32, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
1. STATUTE OF LIMITATIONS, JOINT ACTION.-It is a well established rule, both in law and equity, that if one of several persons entitled to a joint action, be capable of suing at the time the cause of action accrued against the defendant, and the suit be not instituted in the time limited by the statute, all the persons so entitled to the joint... |
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Cases |
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| JURISDICTION OF THE COURTS OF THE CHOCTAW NATION. |
7 U.S. Op. Atty. Gen. 174 (May 23, 1855) |
1855 |
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Administrative Decisions & Guidance |
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| Kea v. Melvin |
3 Jones (NC) 243, Supreme Court of North Carolina (December 01, 1855) |
1855 |
Where upon scire facias against a sheriff for not returning an execution in this Court, the parties are at issue upon matters of fact, the Court, having no power to empannel a jury, must, of necessity, decide the case upon affidavits. THIS was a SCIRE FACIAS to amerce the sheriff of Bladen county, for failing to return into the office of this... |
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Cases |
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| Keener v. State |
18 Ga. 194, Supreme Court of Georgia (June 01, 1855) |
1855 |
[1.] It is too late, after verdict, to move for a new trial on account of the incompetency of a Juror, whose disqualification was known to the prisoner before trial, and waived. [2.] A defendant in a criminal case, is entitled only to a list of the witnesses sworn before the Grand Jury. [3.] Ordinarily, a witness who testifies must state facts, and... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Kelly's Heirs v. McGuire |
15 Ark. 555, Supreme Court of Arkansas (January 01, 1855) |
1855 |
It is a general rule of construction, that a statute should be so considered as that every clause, sentence, or part, shall stand, if possible; and that general words or clauses, may be restrained by particular words or clauses in the same statute; and when there are different provisions in the same statute expressed in different words, they ought... |
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Cases |
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| Kemp v. Hutchinson |
10 La.Ann. 494, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Bossier, Drew, J. |
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Cases |
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| Kennedy v. Mason |
10 La.Ann. 519, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Ouachita, R. W. Richardson, J. |
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Cases |
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| Kingsbury's Ex'rs v. Lane's Ex'r |
21 Mo. 115, Supreme Court of Missouri (March 01, 1855) |
1855 |
This judgment must be reversed, and the cause remanded. The question is not without difficulty, and the result to which we have come has only been arrived at after a good deal of consideration. The propriety, however, of allowing a suit in replevin to be continued in the name of the administrator of a deceased defendant, considered in reference to... |
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Cases |
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| Kirksey v. Fike |
27 Ala. 383, Supreme Court of Alabama (June 01, 1855) |
1855 |
[BILL IN EQUITY FOR SPECIFIC PERFORMANCE OF AWARD ON SETTLEMENT OF PARTNERSHIP ACCOUNTS.] APPEAL from the Chancery Court of Talladega. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Kitchen v. Crawford |
13 Tex. 516, Supreme Court of Texas (January 01, 1855) |
1855 |
In the late case of Mussina v. Moore, Supra, it was held that the 129th section of the act to regulate proceedings in the District Court, which authorizes a petition of review for the reversal of judgments rendered in cases where service has been by publication only, and on an ex parte hearing, (Hart. Dig., art. 783,) does not contemplate a bill... |
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Cases |
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| Knight v. Oliver |
12 Gratt. 33, Supreme Court of Appeals of Virginia (January 29, 1855) |
1855 |
At the time when the proceedings in reference to the first division of the estate of William Carter deceased were had in the County court of Nottoway, the distribution of intestates' estates was governed by the act of 1785, which was re-enacted in 1792. The 27th section of the act provides, that when any person shall die intestate as to his... |
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Cases |
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| Lafferty v. Turley |
3 Sneed (TN) 157, Supreme Court of Tennessee (September 01, 1855) |
1855 |
This bill was filed on the 3d day of May, 1852, in the chancery court at Rutledge, for an account of the estate of Jenkin Whitesides, of whom Thomas Whitesides, the testator, of the defendant Turley, was the administrator. Jenkin Whitesides died a citizen of Davidson county, in August, 1822, unmarried, and without lawful issue. His brother Thomas... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Landman v. Snodgrass |
26 Ala. 593, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Madison. Tried before the Hon. THOS. A. WALKER. |
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Cases |
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| Lang v. Phillips |
27 Ala. 311, Supreme Court of Alabama (June 01, 1855) |
1855 |
[MOTION AGAINST SHERIFF FOR FAILING TO PAY OVER MONEY COLLECTED UNDER EXECUTION--QUESTION OF PRIORITY BETWEEN EXECUTION CREDITORS.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Larche v. Kent |
10 La.Ann. 146, Supreme Court of Louisiana (February 01, 1855) |
1855 |
Appeal from the District Court of the Parish of Carroll, Perkins, J. |
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Cases |
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| Lavender v. Thomas |
18 Ga. 668, Supreme Court of Georgia (August 01, 1855) |
1855 |
[1.] Mortgages are not, within the Act of 1818, to prevent assignments, by debtors unable to pay all their debts, to some creditors in preference to others. [2.] It is not unlawful for a debtor, who is unable to pay all his debts, to replace a note for more than thirty dollars, given for one of the debts, with notes for less than thirty dollars,... |
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Cases |
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| Lebeau v. Trudeau |
10 La.Ann. 164, Supreme Court of Louisiana (February 01, 1855) |
1855 |
Appeal from the District Court of the Parish of Point Coupée, Cooly, J. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Ledoux v. Her Husband |
10 La.Ann. 663, Supreme Court of Louisiana (September 01, 1855) |
1855 |
Appeal from the District Court of St. Martin. |
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Cases |
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| Lemon's Heirs v. Rector |
15 Ark. 436, Supreme Court of Arkansas (January 01, 1855) |
1855 |
The appellants allege, in their bill, that they are the heirs at law of James Lemon, who died many years ago. That, on the 28th of April, A. D. 1832, their ancestor filed his bill in chancery, against the appellees (on whom process was served), but died intestate before final decree. That, after his death, the cause was revived by Thomas Mathers,... |
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Cases |
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| Leonora v. Scott |
10 La.Ann. 651, Supreme Court of Louisiana (September 01, 1855) |
1855 |
Appeal from the District Court of St. Martin. |
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Cases |
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| Lewis v. Peets |
10 La.Ann. 489, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Claiborne, Jones, J. |
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Cases |
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| Lightfoot v. Lightfoot's Ex'r |
27 Ala. 351, Supreme Court of Alabama (June 01, 1855) |
1855 |
[MARSHALLING OF ASSETS BETWEEN HEIR AND LEGATEE, ON BILL FILED BY EXECUTOR FOR SETTLEMENT OF ESTATE IN EQUITY.] APPEAL from the Chancery Court of Madison. Heard before the Hon. E. D. TOWNES. |
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Cases |
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| Linney v. Maton |
13 Tex. 449, Supreme Court of Texas (January 01, 1855) |
1855 |
It must be admitted that, according to the great weight of authorities, the slanderous words charged in the petition are not actionable at the common law without the proof of special damage. It is now too late (said Ch. J. Savage, in Bradt v. Towsley) to interrupt the current of authority adjudging that words charging a female with lewdness are... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Locke's Ex'r v. Palmer |
26 Ala. 312, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Lockett v. Toby |
10 La.Ann. 713, Supreme Court of Louisiana (November 01, 1855) |
1855 |
Appeal from the District Court of Jefferson, Clarke, J. |
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Cases |
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| Loftis v. Glass |
15 Ark. 680, Supreme Court of Arkansas (January 01, 1855) |
1855 |
A testator directs that his real estate be sold by his executor, and the proceeds divided among his children: such proceeds are personal property; and, upon the death of the children without issue, will be distributed to their mother as next of kin. Kelly's Heirs v. McGuire et al. 15 Ark. 555. Appeal from the Circuit Court of Lafayette County in... |
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Cases |
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| Logan v. McGill |
8 Md. 461, Court of Appeals of Maryland (December 01, 1855) |
1855 |
This is an appeal from the decision of the Circuit Court of Washington County on a case stated. The facts which it is necessary to notice are these:--certain parties obtained a judgment before a justice of the peace against the defendant, Charles McGill, and caused to be issued thereon a fieri facias, which was delivered to the appellant, as... |
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Cases |
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| Long v. Hickingbottom |
6 Cushm. 772, High Court of Errors and Appeals of Mississippi (April 01, 1855) |
1855 |
In every sale of a chattel, if possession be at the time in another, and there be no covenant of warranty of title, the rule of caveat emptor applies, and the party buys at his peril. But if the seller has possession of the article sold, and he sells as his own, and not as agent for another, and for a fair price, he is understood to warrant the... |
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Cases |
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| Long v. State |
27 Ala. 32, Supreme Court of Alabama (June 01, 1855) |
1855 |
[INDICTMENT FOR RETAILING SPIRITUOUS LIQUORS WITHOUT LICENSE.] FROM the Circuit Court of Butler. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Lucas v. Lucas |
7 Rich.Eq. 180, Court of Appeals of Equity of South Carolina (January 01, 1855) |
1855 |
Testator directed his executors to manage his estate until all his children should marry, or attain twenty-one years of age, and then to make division of the same-his minor children and some of his minor grand-children to be, in the meantime, maintained and educated out of the general income; and he fully empowered his executors, if, in their... |
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Cases |
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| Lunsford v. Smith |
12 Gratt. 554, Supreme Court of Appeals of Virginia (September 07, 1855) |
1855 |
1. Certain legal questions are submitted by parties to a controversy to an arbitrator, and they agree to be bound by his award. Upon a suit being afterwards instituted by one of the parties against the other in relation to the subject matter of the submission, the award of the arbitrator deciding the questions submitted to him, is the law of the... |
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Cases |
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| Macon & W.R. Co. v. Davis |
18 Ga. 679, Supreme Court of Georgia (August 01, 1855) |
1855 |
[1.] When a plaintiff declares, as executor or administrator upon a cause of action arising in the lifetime of his testator or intestate, and makes profert of the probate or letters of administration, the defendant cannot, at the trial, deny the title of the plaintiff, as executor or administrator, unless there be a plea of ne unques executor, or... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Madison & I.R. Co. v. Bacon |
6 Ind. 205, Supreme Court of Indiana (May 29, 1855) |
1855 |
Suit by Euphemia W. Bacon, as the widow of Horace Bacon, deceased, against the Madison and Indianapolis Railroad Company, to recover damages for the loss of her husband, killed on said road while traveling, she alleges in her declaration, as a passenger in the car of the company. The seventh defense set up in the answer of the company alleges, that... |
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Cases |
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| Madre v. Saunders |
3 Jones (NC) 1, Supreme Court of North Carolina (December 01, 1855) |
1855 |
We are unable to discover any ground upon which the action can be sustained. It is not pretended that the boy Davy was carried out of the county, or employed at any fishery. It seems to us to be equally clear that he was not employed on water. Whatever extent of signification may be given to the words, employed on water, we cannot see how they... |
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Cases |
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| Maiben v. Bobe |
6 Fla. 381, Supreme Court of Florida (April 01, 1855) |
1855 |
1. Where a deed of gift in trust for the separate use of a married woman was made in Alabama, by parties living there at the time of its execution, the laws of that State as to the rights of the parties under it, as administered by her judical tribunals form the rule of decision of the case. Her Courts having adopted the English rule as to the... |
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Cases |
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| Malone v. Kitching |
10 La.Ann. 85, Supreme Court of Louisiana (January 01, 1855) |
1855 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Manes v. Kenyon |
18 Ga. 291, Supreme Court of Georgia (July 01, 1855) |
1855 |
[1.] In the case of Chandelor vs. Lapus, error was brought in the Exchequer Chamber, because the declaration contained not matter sufficient to charge the defendant, viz: that he warranted it to be a bezoar-stone, or that he knew that it was not a bezoar-stone. And all the Justices and Barons, (besides Anderson) held, that for this cause it... |
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Cases |
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