TitleCitationYearSummaryMost RelevantTypeStatus
Russ v. Wingate 1 George 440, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. DEED: CERTIFICATE OF ACKNOWLEDGMENT.A certificate of the acknowledgment of a feme covert to a deed or mortgage, need not contain a description of the officer before whom it is made; it is sufficient if his official character appear by additions and descriptions attached to his signature: and abbreviations may be used for this purpose, if...   Cases  
Sanders v. State 2 Clarke 230, Supreme Court of Iowa (December 01, 1855) 1855 Where a complaint under the act for the suppression of intemperance, alleged that certain intoxicating liquors were kept in a certain house occupied and kept by one S., on a certain lot, and intended by said S. to be sold unlawfully; and where a motion was made to quash the information, on the ground that while the liquor is charged as being...   Cases  
Sanderson v. Jones 6 Fla. 430, Supreme Court of Florida (April 01, 1855) 1855 1. Where a marriage settlement is made by husband and wife in trust to the use and behoof of husband and wife during their natural lives, it is by no means clear that a separate estate is created for the wife. 2. The husband is entitled during his life to the income of property settled upon himself and wife jointly, as a compensation for his...   Cases  
Schmidt v. Schmidt 7 Rich.Eq. 201, Court of Appeals of Equity of South Carolina (January 01, 1855) 1855 J. S., who had had possession of his children's property, in 1826 made a deed by which he conveyed to trustees, in fee, certain real estate, for the use of himself for life, and after his death for his children, with a proviso, that the share of any child who should call him to account for the property of theirs which he had in possession, should...   Cases  
Schrimpf v. McArdle 13 Tex. 368, Supreme Court of Texas (January 01, 1855) 1855 The act regulating attachments, of the 11th March, 1848, expressly repeals certain acts therein named, (Hart. Dig., art. 47,) but neither expressly, nor by necessary implication, does it repeal the 143d section of the act to regulate proceedings in the District Court. (Id., 795.) If, however, the affidavit made to obtain the attachment contains all...   Cases  
Scull v. Vaugine 15 Ark. 695, Supreme Court of Arkansas (January 01, 1855) 1855 All parties, both complainants and defendants, have appealed to this court, and the material facts of the case may be thus stated: Stephen Vaugine, son of Francis Vaugine, deceased, died intestate in Jefferson county, in this State, in or about the year 1831, seized and possessed both of real and personal estate, and leaving him surviving a widow...   Cases  
Semere v. Semere 10 La.Ann. 704, Supreme Court of Louisiana (September 01, 1855) 1855 Appeal from the District Court of St. Martin, Voorhies, J.   Cases  
Sessions v. Pintard 59 U.S. 106, 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 Arkansas. It was a sequel to the case of Goodloe's Administrator v. Pintard, decided in this court and reported in 12 How. 24. The subsequent proceedings are stated in the opinion of the court. Mr. Pike stated the question which arose in the case in this...   Cases  
Shands v. Rogers 7 Rich.Eq. 422, Court of Appeals of Equity of South Carolina (May 01, 1855) 1855 Testator devised his real estate to his five sons; and if any of my sons should die before they should come of age, or without any bodily issue, the above named land is to go to the surviving ones:-Held, that or must be construed and; and, therefore, that a son who had come of age had an absolute and indefeasible estate, although he afterwards...   Cases  
Shaw v. Reneau 10 La.Ann. 190, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the Parish of Carroll, Snyder, J.   Cases  
Shearer v. Loftin 26 Ala. 703, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Chancery Court of Sumter. Heard before the Hon. J. W. LESESNE.   Cases  
Shell v. Shell 2 Sneed (TN) 716, Supreme Court of Tennessee (September 01, 1855) 1855 This bill is filed for divorce from the bonds of matrimony. It is based upon the 19th section of the act of 1835, ch. 26, as amended by the act of 1841, ch. 133, sec. 1. The grounds of divorce from bed and board, by the former act, are made causes for the dissolution of the bonds of matrimony at the discretion of the court by the latter, and are:...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Shields v. Thomas 59 U.S. 253, Supreme Court of the United States (December 01, 1855) 1855 THIS was an appeal from the district court of the United States, for the northern District of Iowa. The case is stated in the opinion of the court. Mr. Gillett made nine points. Those which are touched upon in the opinion of the court were the following: 2. The bill is multifarious, and therefore bad. 1 Dan. Ch. Pr. 384; Cooper's Eq. Pl. 182;...   Cases  
Shultz v. State 13 Tex. 401, Supreme Court of Texas (January 01, 1855) 1855 At the spring term of the District Court for the county of Galveston and Republic of Texas, 1845, the grand jurors for the said county returned a true bill to an indictment preferred against the appellant charging him with murder. The appellant had left the country immediately after the alleged murder, and before the finding of the bill by the...   Cases  
Sims v. Sims 1 George 333, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. EXECUTOR: PAYMENT OF CLAIMS BY.-If an executor, or administrator, pay a claim against his decedent, which is duly probated and allowed, primâ facie he is entitled to an allowance for it, in his final account; but if he pay a claim not probated and allowed, primâ facie he acts in his own wrong; and he will not be entitled to an allowance for it,...   Cases  
Smead v. Williamson 16 B.Mon. 492, Court of Appeals of Kentucky (January 01, 1855) 1855 On the 19th of October, 1853, Jonathan Myers executed to O. C. Williamson a bill of sale, transferring to him, for the consideration of $15,000, acknowledged to be received for the steamer Yorktown, No. 2, and the barge Yorktown, No. 2. The bill of sale was regularly recorded in the Custom House at Cincinnati. But the consideration, instead of...   Cases  
Smith v. Brooks 18 Ga. 440, Supreme Court of Georgia (July 01, 1855) 1855 [1.] Parol evidence may be admitted, to show that the payee of a promissory note is fraudulently enforcing the same against the maker, after the consideration has failed. Complaint, in Marion Superior Court. This was an action on a promissory note for $400. Wells Smith and William Walker, the makers, pleaded, 1sta partial failure of...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Smith v. Grosjean Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1855) 1855 In January, 1845, Julia Ann Grosjean, of the State of Kentucky, exhibited her bill in the Circuit Superior Court of Law and Chancery for the county of Hanover, against Richard Smith, in which she charges: that she is the widow of John J. Grosjean, who died in the year 1819, in the State of Kentucky, having left a will, by which he devised his whole...   Cases  
Smith v. Hutchinson 8 Rich. 260, Court of Appeals of Law of South Carolina (January 01, 1855) 1855 The Mayor of the City of Charleston holding a Police Court may lawfully impose a fine upon one who had violated a city ordinance, as the alternative of his prosecution; and if the party choose to pay it he cannot afterwards recover it back.   Cases  
Smith v. Pearson 26 Ala. 603, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Chancery Court of Tallapoosa. Heard before the Hon. JAMES B. CLARK.   Cases  
Smith v. Smith 2 Sneed (TN) 473, Supreme Court of Tennessee (April 01, 1855) 1855 The plaintiff sued the defendant in the circuit court of Tipton, for oral slander. There was a verdict in his favor for $235. Thereon, on motion of the defendant, judgment was arrested; and the plaintiff appealed in error. The declaration contains several counts, stating the words spoken, which are as follows: I don't want anything to do with a...   Cases  
Smith v. Wilson 10 La.Ann. 255, Supreme Court of Louisiana (April 01, 1855) 1855 Appeal from the Second District Court of Plaquemines. Rousseau, J.   Cases  
Smith's Ex'r v. Dwight 10 La.Ann. 691, Supreme Court of Louisiana (September 01, 1855) 1855 Appeal from the District Court of St. Mary, Voorhies, J.   Cases  
Snelling v. Darrell 17 Ga. 141, Supreme Court of Georgia (January 01, 1855) 1855 [1.] Under the Act of 20th Feb. 1854, to change and simplify the practice and pleadings in this State, a motion for a new trial may be amended so as to include an additional ground, not taken at the time the application was filed. In Equity, and motion for a new trial, in Stewart Superior Court. A motion was made to amend the rule nisi for a new...   Cases  
Snider v. Greathouse 16 Ark. 72, Supreme Court of Arkansas (January 01, 1855) 1855 The facts necessary to a proper determination of the questions of law in this case, are, that Frederick Snider, of Hancock county, Kentucky, died intestate, and that Nicholas V. Board, and Cornelius Snider, were appointed administrators of his estate, and executed bond for the faithful performance of their duties as such administrators, with...   Cases  
Snodgrass v. Andrews 1 George 472, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. CHANCERY COURT: JURISDICTION.The Chancery Court is the proper tribunal in which the creditors of a deceased person shall seek relief against fraudulent conveyances of property, made by the decedent in his lifetime. 2. PROBATE COURT: JURISDICTION.The Probate Court has no power to compel an administrator to return property in his...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Spears v. Shropshire 10 La.Ann. 218, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the parish of East Feliciana, Sterling, J.   Cases  
Spivey v. State 26 Ala. 90, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY.   Cases  
Stanley v. Webb 21 Barb. 148, Supreme Court, General Term, New York (November 05, 1855) 1855 There was only one exception taken at the trial. The disposal of that disposes of the case. The action is for a libel; the plea the general issue, alone. There is no justification of the publication set up, and the only question is whether the defendant was properly allowed to prove that Phelps had entered the complaint against the plaintiff and...   Cases  
State v. Allen 3 Jones (NC) 257, Supreme Court of North Carolina (December 01, 1855) 1855 In trials by a jury where there is an entire absence of evidence, it is the duty of the Judge so to instruct the jury; but if there be any competent evidence, relevant, and tending to prove the matter in issue, although it be very slight, it is the true office and province of the jury to pass upon it. Where one witness, on a trial for murder,...   Cases  
State v. Barrow 14 Tex. 179, Supreme Court of Texas (January 01, 1855) 1855 Where property is acquired by husband or wife while in the course of their migration to this State, and they remove to and reside in this State, the right to such property is regulated by the laws of this State. The case of McIntyre v. Chappell (4 Tex. R., 187) commented on and qualified or explained. Appeal from Gonzales. Trial of the right of...   Cases  
State v. Bradley 9 Rich. 168, Court of Appeals of Law of South Carolina (November 01, 1855) 1855 J. B. and W. A. were jointly indicted for murder, W. A. was not arrested, and J. B. was tried separately. The jury found the following verdict. We find the defendant guilty. The presiding Judge directed the verdict to be written as follows: We find the defendant J. B. guiltywhich was done, and the first verdict...   Cases  
State v. Dick 10 La.Ann. 461, Supreme Court of Louisiana (June 01, 1855) 1855 Appeal from Justice of the Peace of the parish of St. Bernard.   Cases  
State v. Gardner 10 La.Ann. 25, Supreme Court of Louisiana (January 01, 1855) 1855 Appeal from the First District Court of New Orleans, Robertson, J.   Cases  
State v. Gates 20 Mo. 400, Supreme Court of Missouri (January 01, 1855) 1855 The questions for our consideration arise upon the rulings of the court below, 1, in refusing to sustain the defendant's motion to strike the cause from the docket, and remand the same to the Benton Circuit Court; 2, in permitting the circuit attorney to read in evidence the transcript of the record from the Benton Circuit Court; 3. in giving the...   Cases  
State v. Harlow 21 Mo. 446, Supreme Court of Missouri (July 01, 1855) 1855 Kinsolving Harlow was indicted at the May term of the Circuit Court of Chariton county, in the year eighteen hundred and fifty-five, for the murder of Green B. Andrews. He was tried at the same term and was convicted; the jury finding him guilty of manslaughter in the first degree, and assessing his punishment to ten years' imprisonment in the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Jackson 39 Me. 291, Supreme Judicial Court of Maine (January 01, 1855) 1855 The Acts prescribing the limits of towns and counties are public Acts of which the Court are bound to take notice. The offence in a criminal charge should appear to have been committed in the county named in the indictment. But an indictment which alleges an offence to have been committed in a town named, and that it belonged to the county at the...   Cases  
State v. Lathrop 10 La.Ann. 398, Supreme Court of Louisiana (May 01, 1855) 1855 Appeal from the Second District Court of New Orleans, Lea, J.   Cases  
State v. Moore 6 Ind. 436, Supreme Court of Indiana (June 12, 1855) 1855 This was an indictment against Martin Moore, charging him with having, on, & c., at the county of Tippecanoe, in this state, unlawfully and feloniously, with intent then and there to defraud one John Mahar, of said county, uttered and published to said Mahar, &c., as true and genuine, a certain false, forged and counterfeit instrument in...   Cases  
State v. Noyes 10 Fost. 279, Superior Court of Judicature of New Hampshire (January 01, 1855) 1855 A statute making bowling alleys, situate within twenty-five rods of a dwelling house, nuisances, is not unconstitutional. Nor will it be so, though the statute is to be in force only in those towns in which it is adopted in town meeting. A grant to a municipal corporation of a power to make by-laws and ordinances, not inconsistent with the laws of...   Cases  
State v. Parnell 16 Ark. 506, Supreme Court of Arkansas (July 01, 1855) 1855 An indictment, charging that the defendant, on Sunday, the 2d day of April, 1854, in the county where the indictment was found, did sell to divers persons, a large quantity of ardent spirits, to-wit, &c., without setting out the names of the persons to whom the spirits were sold, or that they were sold to some person, to...   Cases  
State v. Porte 10 La.Ann. 148, Supreme Court of Louisiana (February 01, 1855) 1855 Appeal from the District Court of Point Coupée, Cooley, J.   Cases  
State v. Prats 10 La.Ann. 785, Supreme Court of Louisiana (December 01, 1855) 1855 Appeal from the First District Court of New Orleans, Robertson, J.   Cases  
State v. Robbins 3 Jones (NC) 249, Supreme Court of North Carolina (December 01, 1855) 1855 If a Judge, in charging a jury in a case of homicide, lay down a series of abstract propositions, some of which are not strictly applicable to the facts of the case, and there be error therein, which however, is corrected in a part of the same charge that applies those propositions to the facts, it is not a cause for a venire de novo. THIS was an...   Cases  
State v. Sewell 3 Jones (NC) 245, Supreme Court of North Carolina (December 01, 1855) 1855 The efficacy of a plea of insanity in shielding from punishment for crime; the necessity of drawing the dark picture of such a state of mind, and tracing out the minute and delicate shades of this sorest affliction to which humanity is subject, is not required at our hands at this time. It is not denied, that insanity, to protect from punishment,...   Cases  
State v. Steedman 8 Rich. 312, Court of Appeals of Law of South Carolina (May 01, 1855) 1855 An indictment charging, generally, that defendant unlawfully did sell and retail spirituous liquors, that is to say, in quantities less than three gallons, he then and there not having any license or permit, &c., without specification of any person to whom the sale was made, or of any other identifying circumstance, is bad.   Cases  
State v. Thompson 10 La.Ann. 122, Supreme Court of Louisiana (February 01, 1855) 1855 Appeal from the District Court of the Parish of Iberville, Robertson, J.   Cases  
State v. Williams 2 Jones (NC) 194, Supreme Court of North Carolina (June 01, 1855) 1855 The defendant, in his bill of exceptions, presents two objections to the proceedings on his trial, either or both of which, he contends, entitle him to have the verdict set aside and a venire de novo awarded. The first is, that the presiding Judge submitted to the jury the question of his guilt on the count for petit larceny, without any testimony...   Cases  
State v. Williams 14 Tex. 98, Supreme Court of Texas (January 01, 1855) 1855 See this case for a discussion of the certainty requisite in indictments and in petitions in actions for penalties. The practice of delivering to the defendant a bill of particulars is not known in our courts. Where the statute imposed a penalty on the use or exercise of banking or discounting privileges, and also on the issue of each bill, check,...   Cases  
State v. Williams 2 Jones (NC) 257, Supreme Court of North Carolina (June 01, 1855) 1855 Where a witness has wilfully perjured himself in the oath taken on the trial then in progress, in any one particular, the Court should instruct the jury, as a rule of law, that his whole testimony should be disregarded. INDICTMENT for MURDER, tried before his Honor Judge DICK, at the Spring Term, 1855, of Person Superior Court. On the trial, a...   Cases  
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