| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Babcock v. Wyman |
60 U.S. 289, Supreme Court of the United States (December 01, 1856) |
1856 |
[MR. CHIEF JUSTICE TANEY AND MR. JUSTICE DANIEL DID NOT SIT IN THIS CAUSE.] THIS was an appeal from the Circuit Court of the United States for the district of Massachusetts, sitting in equity. The bill was filed by Edward Wyman, a citizen of Missouri, and an assignee of Nehemiah Wyman, by a deed of conveyance made in 1853. The facts of the case are... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Bailey v. Brockett |
20 Ga. 148, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] Whoever has the legal title to property, is entitled to claim it wherever the equitable interest may be. [2.] Property belonging to wife and children, should not be subjected to the payment of the debts of the husband and father, because the proper party has not claimed. Motion for new trial, in Baker. In the year 1845, at the June Term of... |
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Cases |
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| Bailey v. Hicks |
16 Tex. 222, Supreme Court of Texas (January 01, 1856) |
1856 |
Where the question was, to whom the credit was given on an account, and the evidence was conflicting, the court said that the non-production of the books in which the goods were charged could but be regarded as a circumstance unfavorable to the plaintiff; one which had, and was entitled to have, its weight with the jury in forming their conclusion... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Bailey v. State |
20 Ga. 742, Supreme Court of Georgia (November 01, 1856) |
1856 |
The Legislature, at its last session, passed an Act entitled An Act declaring who are qualified to serve as Jurors in criminal cases-regulating the manner of impannelling a Jury in such cases-declaring who are competent Jurors, and the mode and manner of ascertaining such competency-and for other purposes therein mentioned. The question is,... |
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Cases |
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| Baker v. Johnson |
16 Tex. 133, Supreme Court of Texas (January 01, 1856) |
1856 |
Where the original papers in the case, including the deposition of a witness, were lost and stood charged in the clerk's receipt book to the attorney of defendant, who, in open court, disavowed all knowledge of them and declared his belief that they were returned to the clerk, and the defendant made application for a continuance in order to retake... |
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Cases |
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| Bank of Chester v. Town Council of Chester |
10 Rich. 104, Court of Appeals of Law of South Carolina (November 01, 1856) |
1856 |
The charter of the Bank of Chester, passed in December, 1852, provides, that no municipal corporation shall tax the capital stock, or profits of the Bank, without authority first had and obtained from the Legislature. By Act of December, 1853, the Town Council of Chester were authorized to impose a tax on a multitude of subjects, amongst them,... |
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Cases |
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| Barnawell v. Threadgill |
3 Jones Eq. 50, Supreme Court of North Carolina (December 01, 1856) |
1856 |
Parties to a compromise must deal with each other upon an equal footing. Where a party to a suit, with all the knowledge on his part, of the only doubtful matters in dispute, entered into an arrangement with the agent of the other party, by which the principal was to get not more than one-twentieth of his debt, and it was a part of the arrangement... |
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Cases |
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| Barnes v. Crandell |
11 La.Ann. 119, Supreme Court of Louisiana (February 01, 1856) |
1856 |
Appeal from the District Court, Tenth District, Parish of Madison, Snyder, J. |
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Cases |
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| Bartels v. Creditors |
11 La.Ann. 433, Supreme Court of Louisiana (May 01, 1856) |
1856 |
Appeal from the Fifth District Court of New Orleans, Augustin, J. |
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Cases |
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| Bateman v. Latham |
3 Jones Eq. 35, Supreme Court of North Carolina (December 01, 1856) |
1856 |
The proceeds of land, sold for partition under the provisions of our Act of Assembly, to which an infant is entitled, remain real estate until such infant comes of age and elects to take them as money. The claim which a wife has against the administrator of her husband for money arising from the sale of her land which he had received, is a simple... |
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Cases |
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| Bayne v. Garrett |
17 Tex. 330, Supreme Court of Texas (January 01, 1856) |
1856 |
There has been a great deal more difficulty in reading this record and understanding it than is presented by the law of the case. The clerk seems to have been experimenting upon how much perplexity he could throw into his transcript; and if so, he has certainly been eminently successful. Instead of the transcript presenting the different component... |
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Cases |
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| Beatty v. Dufief |
11 La.Ann. 74, Supreme Court of Louisiana (January 01, 1856) |
1856 |
Appeal from the District Court, Fifth District, Parishof Lafourche, Cole, J. |
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Cases |
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| Beck v. Searson |
8 Rich.Eq. 130, Court of Appeals of Equity of South Carolina (January 01, 1856) |
1856 |
Bill filed in February, 1852, to set aside, on the ground of fraud and undue influence, conveyances made in February 1844, held, barred by the statute of limitations. The bill contained no allegation that the undue influence was continued until a period within four years before the filing of the bill; and, therefore, the Court refused to consider,... |
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Cases |
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| Beckam v. De Saussure |
9 Rich. 531, Court of Errors of South Carolina (May 01, 1856) |
1856 |
Testator, having three sons and three daughters, devised his lands to his youngest son, F. W., and his heirs forever; and should F. W. die without issue male living at the time of his death, then, to his son H. A. and his heirs forever; and should H. A. die without issue male living at the time of... |
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Cases |
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| Bell v. Walker & Herrington |
3 Jones (NC) 320, Supreme Court of North Carolina (June 01, 1856) |
1856 |
In an action for the breach of a covenant to teach an apprentice a trade, it is not competent for the defendant to show that he kept the apprentice at work with other apprentices of the same experience, and made no distinction between them; such evidence having no tendency, by itself, to show that the defendant had performed his covenant. THIS was... |
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Cases |
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| Belverman v. State |
16 Tex. 130, Supreme Court of Texas (January 01, 1856) |
1856 |
The defendant was indicted, under article 493 of the digest, for cutting and carrying away timber off land not his own. The state offered to prove by a witness that one Perry was the owner of the land. The defendant objected to the evidence as incompetent. The court overruled the objection and permitted the witness to testify to his knowledge of... |
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Cases |
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| Bennett v. Terrill |
20 Ga. 83, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] The declaration states that the defendant well knew that the said James O. Wilkerson was, at the time he spoke to the plaintiff of him, in bad and insolvent circumstances, and not fit to be trusted. We find no fault with the charge of the Court. It was for the Jury to deliberate on the facts and determine from them whether the defendant had... |
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Cases |
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| Bergen v. Forsythe |
17 B.Mon. 551, Court of Appeals of Kentucky (December 20, 1856) |
1856 |
1. Property conveyed to a feme covert, by an ordinary deed of conveyance, not to be held as separate estate, is not liable for the debts of the husband contracted either before or after marriage. (Rev. Stat., chap. 47, art. 2, sec. 388.) 2. But is liable for the debts of the wife contracted before marriage, and for such contracted after... |
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Cases |
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| Bermudez v. Union Bank |
11 La.Ann. 64, Supreme Court of Louisiana (January 01, 1856) |
1856 |
Appeal from the Fifth District Court of New Orleans, Augustin, J. |
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Cases |
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| Bibb v. Baker's Adm'r |
17 B.Mon. 292, Court of Appeals of Kentucky (July 01, 1856) |
1856 |
In October, 1841, James Bibb, then greatly embarrassed with debts, some of which had been reduced to judgment or were then in suit, after having applied, unsuccessfully, to each of two brothers-in-law to take a conveyance of his property, for the purpose of protecting it from his creditors until he could have time to pay his debts, made a transfer... |
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Cases |
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| Bodin v. McCloskey |
11 La.Ann. 46, Supreme Court of Louisiana (January 01, 1856) |
1856 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
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Cases |
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| Boggs v. Lynch |
22 Mo. 563, Supreme Court of Missouri (March 01, 1856) |
1856 |
1. Where in a suit against a keeper of a livery stable to recover damages for injuries sustained in consequence of the negligent driving of a carriage of defendant by one of his servants, testimony was offered on the part of defendant to show that the general character of the driver was that of a prudent and careful driver; held, that such... |
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Cases |
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| Bone v. Sparrow |
11 La.Ann. 185, Supreme Court of Louisiana (March 01, 1856) |
1856 |
Appeal from the District Court, Ninth District, Parish of Concordia, Copley, J. |
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Cases |
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| Booker v. Booker |
20 Ga. 777, Supreme Court of Georgia (November 01, 1856) |
1856 |
[1.] Every bill to perpetuate testimony, is a bill to take testimony de bene esse and the evidence thus taken cannot be read at the hearing or trial, if the witness be alive and capable of examination. [2.] Every bill to take evidence de bene esse, is a bill to perpetuate testimony. [3.] Bills of both descriptions have their origin in an order of... |
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Cases |
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| Bordelon's Heirs v. Baron's Heirs |
11 La.Ann. 676, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal from the District Court of the parish of Avoyelles, Ogden, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Boring v. Rollins |
20 Ga. 623, Supreme Court of Georgia (August 01, 1856) |
1856 |
[1.] When the answer swears off the equity of the bill, the injunction ought, in general, to be dissolved. In Equity, in Heard Superior Court. Motion to dissolve injunction. This bill was filed by Boring in right of his wife and as next friend for A. A. Houston, Brajonia Houston, B. Houston and William S. Houston, minor children of John Houston,... |
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Cases |
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| Bovard v. State |
1 George 600, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. INSANITY: HOW IT AFFECTS CRIME.-It is not sufficient to absolve from criminal responsibility, that the party charged was partially insane, and that such insanity was attended with delusion, unless it also appear that the act was committed under the direct, or necessary influence of such delusion. 2. SAME.-A person, although partially insane,... |
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Cases |
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| Bowman v. O'Reilly |
2 George 261, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. CHANCERY: PLEADING AND PROOF MUST CORRESPOND.It is a well settled rule of equity pleading, that every fact essential to the plaintiff's title, and to maintain his bill, and to obtain the relief sought, must be stated in the bill; and that no proof can be offered, and no relief granted, upon matters not charged in the bill; and hence, if... |
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Cases |
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| Brack v. Wood |
11 La.Ann. 512, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
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Cases |
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| Bradshaw v. Mayfield |
18 Tex. 21, Supreme Court of Texas (January 01, 1856) |
1856 |
It would seem that where an administrator sues to assert a right which is good in favor of creditors, but not in favor of heirs, it will not be presumed, in the absence of any allegation or proof, that there are creditors; but such fact ought to be alleged, and if put in issue, proved. Same case, 24 Tex. 481. Verbal sales and gifts between husband... |
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Cases |
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| Brandon v. Hoggatt |
3 George 335, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. EXECUTOR AND ADMINISTRATOR: WHEN LIABLE FOR INTEREST.-Whilst it is true, as a general rule, that an executor will not be chargeable with interest before the expiration of twelve months from the date of his qualification as such, yet, if it be clearly shown, that there was no necessity for his retaining the fund, he ought to pay interest; and his... |
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Cases |
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| Bridges v. Nicholson |
20 Ga. 90, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] A security paying off part only of a judgment debt, is not entitled, at Law, to control it against his principal. [2.] Where nominal parties in a case neglect or refuse to answer interrogatories under the Statute, the case should not, on that account, be dismissed, to the prejudice of the real persons in interest. [3.] A judgment, however... |
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Cases |
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| Brown v. Harris |
20 Ga. 403, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] The charge requested should, we think, have been given. In our opinion, a mere substitution by the plaintiff of Rogers & Meara as debtor, in the place of Brown & Harris, would, of itself, have abrogated the debt as to Brown & Harris. That, as we conceive, would be the necessary effect of such a substitution. And because the Court failed to... |
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Cases |
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| Brown v. State |
3 George 433, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. EVIDENCE: DYING DECLARATIONS.-Dying declarations are a species of hearsay evidence which the law admits in cases of homicide from reasons of public necessity. Before they can be admitted, the party offering them in evidence must prove that they were made by the deceased under a sense of impending death, and after all hopes of his recovery had... |
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Cases |
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| Browning v. State |
4 George 47, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. CRIMINAL LAW: CONTINUANCE.It is not error to refuse the prisoner's application for a continuance, when the State admits that the facts which the prisoner states in his affidavit he can prove by the absent witnesses, are true. See Domingues v. The State, 7 S. & M. 475. 2. SAME: MISTAKE IN COPY OF VENIRE FURNISHED THE PRISONER.A... |
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Cases |
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| Bryan v. Day |
11 La.Ann. 601, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Bienville, Drew, J. |
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Cases |
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| Bryan v. Walton |
20 Ga. 480, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] Presumptions of law and of fact, or such as are made by a Jury, may be rebutted by evidence. [2.] Evidence of general reputation, reputed ownership, public rumor, general notoriety and the like, is original evidence and not hearsay, and is admissible in certain cases. [3.] A witness may give his belief or opinion when it is in connection with,... |
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Cases |
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| Bullock v. Cannon |
20 Ga. 652, Supreme Court of Georgia (August 01, 1856) |
1856 |
[1.] Whenever the verdict is strongly and decidedly against the weight of evidence, the Courts are constrained, however reluctantly, to grant a new trial. Assumpsit, in Cass Superior Court. Motion for new trial. Alexander G. Bullock brought an action of assumpsit against Russell H. Cannon, administrator of the estate of Nathaniel H. Bullock,... |
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Cases |
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| Burch v. Breckinridge |
16 B.Mon. 482, Court of Appeals of Kentucky (January 10, 1856) |
1856 |
(1.) The act of 1796, subjecting estates held in trust to the payment of debts, has no application in a case of this kind. The deed vests in the wife a separate estate, which belongs to her, exclusive of her husband, and which in many respects is entirely dissimilar to other estates that are held in trust. (Sharp v. Wickliffe, 3 Litt. 12.) (2.) As... |
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Cases |
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| Burnley v. Sharp |
16 Tex. 234, Supreme Court of Texas (January 01, 1856) |
1856 |
The main question in this cause is, can the defendant claim the benefit of the statute of limitations? James Love and the plaintiff, Albert T. Burnley, were part owners, or partnership owners, of a stock of cattle on a rancho not far from a plantation owned by them in Brazoria county. Burnley resided abroad, and the affairs of the joint concern... |
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Cases |
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| Calahan's Adm'rs v. Depriest |
13 Gratt. 274, Supreme Court of Appeals of Virginia (March 10, 1856) |
1856 |
The action in this case is upon the same bond which was the foundation of the action in the case of Lewis Franklin's adm'r against Patsy Depriest; but it was against another of the sureties and was at the relation of John R. Depriest as trustee of Patsy Depriest and her children and not at the relation of Patsy Depriest herself; and the object of... |
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Cases |
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| Callaway v. Jones & Quattlebum |
19 Ga. 277, Supreme Court of Georgia (January 01, 1856) |
1856 |
[1.] Where the answer to a charge in a bill is a mere matter of opinion, a denial, founded upon belief only, does not swear off the equity, so as to entitle the defendant to a dissolution of the injunction. [2.] A general warranty of soundness may cover even patent defects. [3] Where the Court gets jurisdiction of the person or property of a... |
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Cases |
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| Calvit v. Mulhollan |
11 La.Ann. 681, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal from the District Court of the parish of Rapides, Chaplin, J. |
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Cases |
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| Campbell v. Webster |
2 George 345, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
WILL: PROBATE.-It makes no difference whether a will has been probated or not, so far as relates to the title of the legatees to the property bequeathed, if the will makes that disposition of the estate which the law would have done in case of intestacy. |
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Cases |
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| Carpenter v. Bridges |
3 George 265, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
EVIDENCE: MORTGAGE: PRESUMPTIONS OF PAYMENT.-Possession by the mortgagor after the maturity of the mortgage, of the property pledged, is not presumptive evidence of the satisfaction of the mortgage debt, without proof that the property had once been delivered to the mortgagee: aliter, where the property had been in the mortgagee's possession, and... |
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Cases |
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| Carson v. Duffy |
2 Jones Eq. 507, Supreme Court of North Carolina (August 01, 1856) |
1856 |
The pleadings are loosely drawn, owing, we presume, in some measure, to the fact that it is a friendly suit; the main object being to obtain the opinion of the Court in regard to the conflicting rights of the creditors of Mrs. Mills and of the children who claim under the will of their father. The creditors of Mrs. Mills are properly represented by... |
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Cases |
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| Carson v. Johnson |
11 La.Ann. 757, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Jackson, Richardson, J. |
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Cases |
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| Carter v. McMichael |
20 Ga. 96, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] A distributee against whom the administrator had recovered a judgment at Law for $3000 filed his bill to restrain the collection of the debt, and suggesting that the defendant had funds in his hands, coming to him, to the amount of about $5000; that he had held the estate for six or seven years, and that he believed him to be insolvent: Held,... |
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Cases |
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| Central Military Tract R. Co. v. Rockafellow |
17 Ill. 541, Supreme Court of Illinois (June 01, 1856) |
1856 |
No replication to third plea is copied into the record, but it shows that one was filed, and issue joined, and was tried. This is sufficient to preclude advantage being taken of its absence from the record. The evidence clearly fails to show gross negligence in plaintiff in killing the ox, and the jury were erroneously instructed as to the degree... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Chambers v. Davis |
17 B.Mon. 526, Court of Appeals of Kentucky (January 01, 1856) |
1856 |
This case has been heretofore before this court, and the opinion then rendered is referred to for a general statement of the facts. It is reported in 15 B. Mon. 522. On the return of the cause to the circuit court, an estimate was made of the rents of the land during the time it had been in the possession of the devisee for life, and the amount,... |
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Cases |
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