TitleCitationYearSummaryMost RelevantTypeStatus
Newman v. Elam 1 George 507, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. AUDITOR OF PUBLIC ACCOUNTS: INSTRUCTIONS OF: THEIR AUTHORITY: TAX COLLECTOR.The auditor of public accounts is authorized by the Revenue Act of 1846, § 65, to transmit to assessors, and collectors of taxes, such instructions as he may consider useful in enforcing the revenue laws; and these instructions, though founded on an erroneous...   Cases  
Newman v. Williams 7 Cushm. 212, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 The principle is well settled, that where a note is made without any reference to a usurious loan or raising of money, and is complete and valid in the hands of the holder, it may be sold for a sum less than its value, and at a rate of discount that would render it usurious if it had entered into the original transaction, and that the holder is...   Cases  
Noel v. Harvey 7 Cushm. 72, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 Where an executor or administrator employs counsel at a large contingent fee, whose services are shown to be necessary for the protection of the estate, it will be allowed by the probate court. Where a testator declares by his will, that I do further confer on my executors full power to sell any of my estate, real or personal, for the payment of...   Cases  
Norton v. Cammack 10 La.Ann. 10, Supreme Court of Louisiana (January 01, 1855) 1855 Appeal from the Second District Court of New Orleans, Lea, J.   Cases  
Norwood v. Cobb 15 Tex. 500, Supreme Court of Texas (January 01, 1855) 1855 This suit was brought on a decree of the court of chancery of the state of Mississippi against George Norwood. At the institution of this suit upon the decree, George Norwood was dead, and an administration on his estate had been taken. This suit was against his administratrix, one of the appellants in this court, and against the other appellants...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
O'Hara v. Conrad 10 La.Ann. 638, Supreme Court of Louisiana (September 01, 1855) 1855 Appeal from the District Court of St. Mary.   Cases  
Oliver v. Chapman 15 Tex. 400, Supreme Court of Texas (January 01, 1855) 1855 The defendant may except to the petition, for insufficiency in substance, after answering to the merits; but it is more regular to make such exceptions before answering to the merits. [11 Tex. 478; 12 Tex. 11; 18 Tex. 198; 23 Tex. 606.] Where exceptions are not well taken, so that if entertained they must have been overruled, the refusal to...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Overton v. Simon 10 La.Ann. 685, Supreme Court of Louisiana (September 01, 1855) 1855 Appeal from the District Court for the Parish of St. Martin, Dupré, J.   Cases  
Owen v. Slatter 26 Ala. 547, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Chancery Court at Mobile. Heard before the Hon. WADE KEYES.   Cases  
Ozley v. Ikelheimer 26 Ala. 332, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Chancery Court of Shelby. Heard before the Hon. JAMES B. CLARK.   Cases  
Papot v. Trowell 8 Rich. 234, Court of Appeals of Law of South Carolina (January 01, 1855) 1855 An infant beyond seas is entitled to but four years after coming of age within which to commence an action of trover.   Cases  
Pargoud v. Pace 10 La.Ann. 613, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Ouachita, R. W. Richardson, J.   Cases  
Park v. Hardy 19 Ga. 127, Supreme Court of Georgia (September 01, 1855) 1855 What did the testator, by the fourth item of his will, give to his children? He gave them so much of the rail road stock as would be sufficient to defray the expenses of their thorough classical education, and the expenses of their board during the time of the education, on condition that they had sufficient capacity to receive such an...   Cases  
Parker v. Leathers 2 Jones Eq. 249, Supreme Court of North Carolina (December 01, 1855) 1855 Where one of the legatees of an estate, being also an executor, by the consent of those interested, buys property at the executors' sale, not for the purpose of a division, but simply for his own gain and emolument, he must abide by the rule of caveat emptor; and unless he avers and proves a warranty, or a fraud practiced upon him, must bear the...   Cases  
Patton v. Harris 15 B.Mon. 607, Court of Appeals of Kentucky (July 01, 1855) 1855 This cause, so far as relates to the ascertainment of the mortgage debt and the foreclosure of the mortgage, was reversed in December, 1852, and remanded in order that the respective claims of the parties arising out of the attachment and proceedings thereon, and by which the mortgage debt might be affected, should be ascertained. Before this was...   Cases  
Payne v. Raudon 10 La.Ann. 349, Supreme Court of Louisiana (May 01, 1855) 1855 Appeal from the Fourth District Court of New Orleans, Waterman & Co., intervenors, Reynolds, J.   Cases  
Penn v. Whiteheads 12 Gratt. 74, Supreme Court of Appeals of Virginia (February 05, 1855) 1855 (Absent LEE, J.) 1. A husband carries on a mercantile business as agent for his wife, and he is aided by his sons, who are minors. The business is profitable, and property is accumulated from its profits. The husband has an interest in this property, which may be subjected by his creditors to the payment of his debts. 2. Upon a bill by the creditor...   Cases  
Pennington v. Acker 1 George 161, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. HUSBAND AND WIFE.Any transaction, by which the title of the separate property of the wife becomes vested in the husband, is regarded with scrutiny and jealousy by the court; and it is incumbent on the husband to show that it was fair and honest, and such as in equity and good conscience, the wife ought to have acceded to. 2. HUSBAND:...   Cases  
People v. Toynbee 2 Parker Crim. Rep. 329, Supreme Court, General Term, New York (January 01, 1855) 1855 So much of the first section of the act of the 9th April, 1855, entitled AN ACT FOR THE PREVENTION OF INTEMPERANCE, PAUPERISM, AND CRIME, as declares that intoxicating liquor shall not be sold, or kept for sale, or with intent to be sold, except by the persons, and for the special uses, mentioned in the act,-- So much of sections six,...   Cases  
People v. Toynbee 2 Parker Crim. Rep. 329 (January 01, 1855) 1855 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Perdue v. Ellis 18 Ga. 586, Supreme Court of Georgia (August 01, 1855) 1855 [1.] The General Assembly have the right, should the public good require it, and public opinion demand it, to pass a law to restrict or even suppress the internal traffic in spirits; and this power may be delegated to a municipal corporation, to be exercised within their corporate limits. [2.] By the second section of the amended charter of 1854,...   Cases  
Perselly v. Bacon 20 Mo. 330, Supreme Court of Missouri (January 01, 1855) 1855 1. The words you swore to a lie before the grand jury held actionable. Appeal from Polk Circuit Court. Action for slander. The petition stated in substance that the defendant charged the plaintiff with swearing to a lie before the grand jury, and that this charge was made in allusion to the testimony given by plaintiff before the grand jury...   Cases  
Peru & I.R. Co. v. Bradshaw 6 Ind. 146, Supreme Court of Indiana (May 28, 1855) 1855 Minerva Bradshaw, who was the wife of George Bradshaw, brought this action against the Peru and Indianapolis Railroad Company, to recover damages for the loss of her husband, who was killed upon the road of said company. She brought the action in her character as widow of said George, under sec. 3, p. 426, of the 1 R. S. 1852. Defenses were put in,...   Cases  
Pond v. Obaugh 16 Ark. 94, Supreme Court of Arkansas (January 01, 1855) 1855 A party conveys property by deed, duly recorded in another State, to a trustee for the benefit of his wife and children; afterwards, upon the death of his wife, he removes to this State and sells the property to a third person; the purchaser cannot defend as an innocent purchaser when it appears that he was informed that the children...   Cases  
Poole v. State 18 Ga. 567, Supreme Court of Georgia (August 01, 1855) 1855 Every person against whom a bill of indictment is found, shall be tried at the term of the Court the indictment is found, unless the absence of a material witness or witnesses, or the principles of justice, shall require a postponement of the trial. [1.] Was there any material witness or witnesses for the defendant absent, to make a postponement of...   Cases  
Porterfield v. Greenwood 10 La.Ann. 51, Supreme Court of Louisiana (January 01, 1855) 1855 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
President of Police Jury of Vermillion v. Comeau 10 La.Ann. 695, Supreme Court of Louisiana (September 01, 1855) 1855 Appeal from the District Court of Vermillion, Voorhies, J.   Cases  
Pressley v. State 19 Ga. 192, Supreme Court of Georgia (November 01, 1855) 1855 [1.] It is too late to object to a correction of the lists of Jurors, directed by the Court in the progress of selecting the Jury, if the objection be made after trial and verdict. If the prisoner were deprived of any right by the proceeding, the objection should, on this account, have been made to the Court, when a correction could have been...   Cases  
Prewett v. Coopwood 1 George 369, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. DEMURRER: NEW GROUNDS.-New grounds of demurrer, not assigned in the court below, will not meet with the least favor in this court, unless it be manifest, that the court could not entertain jurisdiction over the subject-matter, or could not under well recognized principles, grant relief upon the case made by the bill. 2. FRAUDULENT...   Cases  
Priestly v. Shaughnessy 10 La.Ann. 455, Supreme Court of Louisiana (June 01, 1855) 1855 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Printup v. Johnson 19 Ga. 73, Supreme Court of Georgia (September 01, 1855) 1855 [1.] P accepts a bill of exchange, drawn on him by W & W, under an agreement that certain property of theirs, which he has in his hands, shall be applied to the payment of the acceptance. P pays the acceptance out of his own funds. After the acceptance, J levies an attachment against W & W, on the same property: Held, that the property is to be...   Cases  
Prioleau v. South Western Rail-Road Bank 16 Ga. 582, Supreme Court of Georgia (January 01, 1855) 1855 [1.] A bond under seal is, by the laws of South Carolina, assignable by indorsement, in blank, thereon. [2.] It is well settled in South Carolina, that a bond may be transferred by assignment not under seal. [3.] A power of Attorney to transfer a bond under seal, need not, itself, be under seal. [4.] Where H A M, the original payee of a bond, had...   Cases  
Read v. Manning 1 George 308, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. CODICIL: REVOCATION.A codicil, duly and legally executed, which makes a disposition of the testator's property inconsistent with the disposition made in the will, is, to the extent of such inconsistency, a revocation thereof, without an express clause for that purpose; and it will so operate, although the disposition attempted to be made...   Cases  
Reed v. State 16 Ark. 499, Supreme Court of Arkansas (July 01, 1855) 1855 It is sufficient, in an indictment for murder, to charge that the deceased was a Wyandott Indian, whose name to the jurors is unknown, without averring that the deceased was a human being. Where an indictment for murder describes the deceased as a Wyandott Indian, the description is material, and the race of the deceased must be...   Cases  
Reeves v. Cox 2 Jones (NC) 465, Supreme Court of North Carolina (August 01, 1855) 1855 For the reasons given in the case, Reeves v. Edwards, 47 N.C. 457, the judgment is affirmed.   Cases  
Reeves v. Edwards 2 Jones (NC) 457, Supreme Court of North Carolina (August 01, 1855) 1855 To entitle the plaintiffs to recover, they must show they have the legal estate and a present right to the possession. It is conceded, that the legal estate vested, upon the death of George Reeves, in his administratrix Jane Reeves, and the question is, did it pass from her to the plaintiffs, who are the children of said George; or did it pass from...   Cases  
Reeves v. Matthews 17 Ga. 449, Supreme Court of Georgia (February 01, 1855) 1855 [1.] The point first made in this case, viz: that upon the admissibility of James Reeves' testimony, is controlled by the agreement entered into between the parties, (which is set forth in the statement of facts accompanying this case,) to the effect that such evidence was to be admitted on the trial of one case as would be admissible in either of...   Cases  
RESPONSIBILITY OF THE GOVERNMENT. 7 U.S. Op. Atty. Gen. 350 (July 17, 1855) 1855     Administrative Decisions & Guidance  
Reynolds v. Walker 7 Cushm. 250, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 The court reviewed and placed a proper construction upon the cases of Hendrick v. Huddleston, 5 S. & M. 42;Austin v. Lamar, and Same v. Dean, 23 Miss. 189, and Browne v. Mullins, 24 Ib. 204; - the latter case was overruled as being contrary to the provisions of the statute, Hutch. Co. 506, § 133. In any sense in which the term balance is used in...   Cases  
Richard v. Ouviere 10 La.Ann. 723, Supreme Court of Louisiana (November 01, 1855) 1855 Appeal from the Second District Court of New Orleans, Lea, J.   Cases  
Richards v. Fuqua 6 Cushm. 792, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 A keeper of a ferry authorized by law, is bound to keep a good and secure boat, suitable and safe in all respects, both to receive and to transport all such property and vehicles as are usually required to be conveyed across public ferries. He is bound to make all provisions which under the circumstances and the situation of the ferry, were...   Cases  
Rider v. Wright 10 La.Ann. 127, Supreme Court of Louisiana (February 01, 1855) 1855 Appeal from the District Court of the Parish of Terrebonne, Cole, J.   Cases  
Rivers v. Thayer 7 Rich.Eq. 136, Court of Appeals of Equity of South Carolina (January 01, 1855) 1855 A covenant before marriage to settle the husband's property, or property to be purchased by him, to the use of the intended wife, is supported by the valuable consideration of marriage, and, in the absence of actual fraud, is valid against his creditors. If the property be sufficiently described in the body of the marriage articles, no schedule is...   Cases  
Rives v. Rives 7 Rich.Eq. 353, Court of Appeals of Equity of South Carolina (January 01, 1855) 1855 Equity will not enjoin an execution on the ground, that the plaintiff in execution is insolvent, and at the time his judgment was recovered was indebted to the defendant in execution, which indebtedness the bill seeks to set-off against the judgment.   Cases  
Robards v. Cooper 16 Ark. 288, Supreme Court of Arkansas (July 01, 1855) 1855 Upon a bill to foreclose a mortgage given to secure the payment of a promissory note for the purchase of real estate, sold and conveyed by deed of warranty, it is no defense to set up, that at the time of the sale there was an incumbrance on the real estate, and that the vendor promised to remove the incumbrance before the note became due, and has...   Cases  
Roberts v. Lesly 8 Rich.Eq. 35, Court of Appeals of Equity of South Carolina (December 01, 1855) 1855 Testator bequeathed property real and personal to M. R., a single woman, to her, and her heirs forever, and directed that the property be turned into money, that the money be put out at interest, and the interest paid annually to her; and he appointed J. C. trustee and executor with full powers to carry this will into effect; and should J. C....   Cases  
Robertson v. Wallis 10 La.Ann. 214, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the Parish of Terrebonne. Cole, J.   Cases  
Ross v. Lister 14 Tex. 469, Supreme Court of Texas (January 01, 1855) 1855 Property reserved by law for the family and exempt from execution is not subject to be levied on, though with the consent of the head of the family, and therefore where such property is pointed out by the defendant in execution, the sheriff cannot properly receive it. Where the defendant in execution seeks to enjoin a sale under the execution on...   Cases  
Roussel v. Phipps 10 La.Ann. 119, Supreme Court of Louisiana (February 01, 1855) 1855 Appeal from the District Court of the Parish of Terrebonne, Cole, J.   Cases  
Ruffners v. Putney 12 Gratt. 541, Supreme Court of Appeals of Virginia (September 07, 1855) 1855 R takes a conveyance from his son in law P of the equity of redemption in certain land, and salt manufactories and implements thereon, which P had derived from R, and which he had previously conveyed in trust to secure certain debts, for some of which R was his surety, and among them two debts which were due to two of the sons of R; and R covenants...   Cases  
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