| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Chapman v. Campbell |
13 Gratt. 105, Supreme Court of Appeals of Virginia (February 20, 1856) |
1856 |
(Absent ALLEN, P. ) 1. The 17th section of 29 Charles 2, ch. 3, requiring that to make good a contract for the sale of goods, wares and merchandise, (for the price of £>>>10 or upwards,) the buyer shall accept and actually receive in whole or in part the thing sold, or give something in earnest to bind the bargain or in part payment; or that... |
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Cases |
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| Charles v. Dubose |
29 Ala. 367, Supreme Court of Alabama (June 01, 1856) |
1856 |
[BILL IN EQUITY AGAINST TRUSTEE FOR ACCOUNT.] APPEAL from the Chancery Court of Marengo. Heard before the Hon. WADE KEYES. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Cheek v. Bellows |
17 Tex. 613, Supreme Court of Texas (January 01, 1856) |
1856 |
Where the husband is absent, leaving no one else authorized to take care of the common property, the wife has the implied authority to do so. Where the husband is absent, there is no reason or rule of law that would prohibit the wife from making such contracts respecting the community property as are necessary for its preservation and the support... |
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Cases |
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| Chenault v. Chenault |
5 Sneed (TN) 248, Supreme Court of Tennessee (December 01, 1856) |
1856 |
The error complained of in this cause is, that upon granting a divorce from the bond of matrimony--which is not sought to be questioned--the chancellor decreed that the defendant should pay to complainant the sum of $2,700, being more than double the value of his entire estate. It seems from the proof, that the complainant is only eighteen years of... |
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Cases |
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| Christian v. Yancey |
Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1856) |
1856 |
The court is of opinion, that by the execution and recording of the deeds of trust in the record mentioned, the legal title to the property embraced by them vested in Jonathan Christian, the trustee; that his delay in accepting the trust and expression of doubts on the subject, (under the circumstances of this case,) created no bar to his... |
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Cases |
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| Christy v. Murphy |
12 How. Pr. 77, Supreme Court, New York County, New York (February 01, 1856) |
1856 |
The original establishment and designation of Christy's Minstrels, entitles the founder thereof to the protection and benefit of that appellation exclusively. Without a proper license, the assumption and use of that style and name of amusement by others, will be perpetually restrained by injunction, under the law prohibiting the pirating of... |
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Cases |
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| Christy v. Murphy |
12 How. Pr. 77 (February 01, 1856) |
1856 |
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... |
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Trial Court Orders |
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| CITY OF GEORGETOWN. |
8 U.S. Op. Atty. Gen. 546 (November 28, 1856) |
1856 |
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Administrative Decisions & Guidance |
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| City of New Orleans v. Lesseps |
11 La.Ann. 251, Supreme Court of Louisiana (March 01, 1856) |
1856 |
Appeal from the Fifth District Court of New Orleans, Augustin, J. |
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Cases |
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| Claiborne v. Tanner's Heirs |
18 Tex. 68, Supreme Court of Texas (January 01, 1856) |
1856 |
Where the deed to real property is taken in the name of the wife, and part only of the purchase money or consideration is her separate property, and her husband gives his note for part of the purchase money, upon which judgment is afterwards obtained, without making the wife a party to the suit, a sale by virtue of execution on such judgment will... |
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Cases |
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| Clark v. Terry |
25 Conn. 395, Supreme Court of Errors of Connecticut (October 01, 1856) |
1856 |
A., in February, agreed by parol to labor for B. for one year from the 1st day of April next following, at a specified price per day, payable at the end of each half year. He commenced laboring under the contract on the 1st day of April, and continued till the 11th day of June, when, without sufficient cause, he left the service of B., and in July... |
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Cases |
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| Clarke v. Clarke |
17 B.Mon. 698, Court of Appeals of Kentucky (January 01, 1856) |
1856 |
David Clarke died intestate in October, 1854. No administration seems to have been granted on his estate, but the widow and heirs entered into a written agreement that Robert Clarke, the brother, and Benjamin Clarke, one of the sons of the intestate, should make sale of, settle, and distribute his estate without the appointment of an administrator.... |
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Cases |
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| Clarke v. Rochester & S.R. Co. |
14 N.Y. 570, Court of Appeals of New York (December 01, 1856) |
1856 |
The fact that the plaintiff was allowed a passage for himself on the train in which his horses were carried did not prove conclusively, if at all, that he was to attend to their safety during the journey. It may very well be that he desired to be present at the time and place of delivery in order to take care of them there, and that the privilege... |
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Cases |
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| Clemmons v. Drew |
2 Jones Eq. 314, Supreme Court of North Carolina (June 01, 1856) |
1856 |
The bill states, that a marriage being about to take place between the plaintiff and one Unity Gilbert, it was mutually agreed that each party should place their property in such a condition as that they should have a joint estate in the property of each during their lives, remainder to the survivor for life, and after the death of both, if... |
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Cases |
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| Coiron v. Millaudon |
60 U.S. 113, Supreme Court of the United States (December 01, 1856) |
1856 |
THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana, sitting as a court of equity. The facts are sufficiently stated in the opinion of the court. The point upon which the case was decided was thus stated by Mr. Benjamin: I. There is an absence of the parties indispensable in the suit. The... |
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Cases |
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| Cole v. Leak |
2 George 131, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. EXECUTOR: DISTRIBUTION: RES ADJUDICATA.-If in a plenary proceeding by the heirs, or one of them, against the administrator, for distribution of the estate, the accounts of the administrator be litigated and a decree rendered, settling the contested items, and ascertaining and fixing a balance due for distribution, it will not be competent for... |
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Cases |
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| Commonwealth v. Nax |
13 Gratt. 789, Supreme Court of Appeals of Virginia (May 08, 1856) |
1856 |
In the description of many of the offenses at the common law certain technical expressions are required to be used; as in indictments for murder, burglary, mayhem, and other felonies which it is not necessary to enumerate. In such cases no other words, howsoever descriptive of the offense, will be allowed to stand in the indictment as the... |
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Cases |
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| Converse v. Converse |
9 Rich.Eq. 535, Court of Appeals of Equity of South Carolina (November 01, 1856) |
1856 |
A wife having a general power of appointment over her separate estate, may dispose of it to her husband, or for his use, subject to proof of fraud or undue influence on his part; and, as such a transaction is regarded with jealousy and suspicion, it will be set aside upon slighter proofs of fraud or undue influence than is required to invalidate... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Cooke v. Thornhill |
16 Tex. 177, Supreme Court of Texas (January 01, 1856) |
1856 |
The plea in abatement states that the estate of the said Parthenia Thornhill, before and at the time of the commencement of this suit and the filing of this amended petition, was and still is in charge of one Ross, who was and yet is the committee of her estate, duly appointed according to law, who is yet living, to wit, at, etc. This plea was... |
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Cases |
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| Coppedge v. Threadgill |
3 Sneed (TN) 577, Supreme Court of Tennessee (April 01, 1856) |
1856 |
The complainant, who is a married woman, wife of Oliver H. Coppedge, seeks by this bill to set aside an assignment of her portion, by inheritance, of the estate of her deceased mother, Elizabeth Lynch, and to have the same settled upon her, to her separate use and benefit. Elizabeth Lynch died intestate in Henderson county, Tennessee, in the year... |
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Cases |
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| Cornish v. Dews |
18 Ark. 172, Supreme Court of Arkansas (July 01, 1856) |
1856 |
If a deed of trust for the benefit of creditors was valid when executed, no subsequent conduct on the part of the grantor, or the trustee, however fraudulent, could avoid the deed, and deprive the creditors accepting it in good faith, and not participating in the fraud, of their rights under it (Hempstead v. Johnston, 18 Ark 123). And even if a... |
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Cases |
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| Cornish v. Keesee |
17 Ark. 391, Supreme Court of Arkansas (January 01, 1856) |
1856 |
This was an action of debt, brought by John H. Cornish, as administrator of John H. Hines, deceased, and assignee of Shadrack D. Drennon, sheriff, &c., against George W. Sims and Gideon Keesee, in the Union circuit court, upon a replevin bond. The declaration alleged, that, on the 26th of April, 1853, the defendant, Sims, as principal, and the... |
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Cases |
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| Cotten v. Davis |
3 Jones (NC) 355, Supreme Court of North Carolina (June 01, 1856) |
1856 |
It is well settled, that where an executor sues upon the possession of his testator, he must sue as executor, because he must make profert in his declaration of his letters testamentary; and where he sues upon his own possession, he must declare in his own name, because his possession has fixed him with assets. It is equally well settled, that when... |
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Cases |
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| Cowan v. Campbell's Adm'r |
17 B.Mon. 522, Court of Appeals of Kentucky (January 01, 1856) |
1856 |
This action was brough by the heirs and distributees of W. G. Cowan, deceased, against the administrator of A. Campbell, for the failure of the defendant's intestate, who had intermarried with the widow of said W. G. Cowan, to make out under oath, and file for record in the clerk's office of the county court where he resided, the names of the... |
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Cases |
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| Crabtree v. McDaniel |
17 Ark. 222, Supreme Court of Arkansas (January 01, 1856) |
1856 |
Crabtree and wife, and Mary Nelson Penn, Sarah Ann Cook, Priscilla Cook and Zachariah Cook, minors, by Crabtree their next friend, in behalf of themselves, and all other heirs of Nancy McGhirt, alias Nancy McDaniel, exhibited their bill in the Lafayette circuit court, on the 25th day of January, 1853, against James McDaniel; and afterwards filed an... |
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Cases |
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| Crane v. Allen |
11 La.Ann. 496, Supreme Court of Louisiana (June 01, 1856) |
1856 |
On application for a supersedeas to stay a writ of possession. |
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Cases |
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| Crane v. Allen |
11 La.Ann. 493, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the Tenth District Court, parish of Tensas, Farrar, J. |
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Cases |
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| Crowell v. Skipper |
6 Fla. 580, Supreme Court of Florida (January 01, 1856) |
1856 |
The record presents the following state of case. On the 15th day of January, A. D., 1852, the defendant in error recovered a judgment against Bennet Whidden in the superior court of Decatur county, in the State of Georgia, for the sum of $143.64, principal, and $20.41, interest. He afterwards brought suit on said judgment in the circuit court of... |
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Cases |
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| Crown Vs. U.S. |
United States Court of Claims (July 28, 1856) |
1856 |
This claim has been pending since the year 1826a period of thirty years. It has been before Congress at fourteen sessions. Before the first session of the 29th Congress six adverse reports were made upon it. At that and subsequent sessions there were four favorable reports made upon it. We have now endeavored to analyze a rather confused... |
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Cases |
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| Curtis v. Mussey |
6 Gray 261, Supreme Judicial Court of Massachusetts (March 01, 1856) |
1856 |
Want of actual intent to vilify is no excuse for a libel. The fact that the person libelled has failed to prosecute for a previous publication of a libel is no bar to an action for a new publication thereof. Publication of a libel is not excused by the publisher's ignorance that it contains libellous matter. A discourse, delivered pending the... |
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Cases |
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| Daniel v. Leitch |
13 Gratt. 195, Supreme Court of Appeals of Virginia (March 01, 1856) |
1856 |
(Absent ALLEN, P. and DANIEL, J.) 1. D purchases a tract of land on which there is a deed of trust to secure a debt which the creditor may enforce by a sale of the land whenever he may direct, and D retains the amount of the debt out of the purchase money for the purpose of paying it. D dies largely indebted, to a much greater amount than can be... |
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Cases |
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| Daughtry v. Boothe |
4 Jones (NC) 87, Supreme Court of North Carolina (December 01, 1856) |
1856 |
The cases of Twidy v. Saunderson, 9 Ire. Rep. 5, and Manning v. Jones, Bus. Rep. 368, recently decided in this Court, are similar in principle to the present, and must govern it. The contract of hiring was by parol, one term of which was that the boy Jack was not to be carried out of the County of Gates. The bond given afterwards by the defendant... |
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Cases |
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| Davis v. Cotten |
2 Jones Eq. 430, Supreme Court of North Carolina (June 01, 1856) |
1856 |
The pleadings in this case are loosely drawn. At the last term it became necessary to direct an inquiry--did Thomas Snipes, the acting executor of Roderic Cotten, pay to Stephen W. and R. C. Cotten, the balance of $496,06 1/2, reported as the amount in his hands by his final settlement, filed at February term, 1830, of the County Court of Chatham?... |
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Cases |
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| Davis v. Moore |
9 Rich. 215, Court of Appeals of Law of South Carolina (January 01, 1856) |
1856 |
That part performance will take a case out of the statute of frauds, is a doctrine, it seems, peculiar to the Court of Equity. That the purchaser had temporary possession as a guest while the negotiation for a sale was going on, is not such part performance as will take the case out of the statute of frauds. Where the agreement for the sale of land... |
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Cases |
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| De La Croix v. Villere |
11 La.Ann. 39, 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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| Delphine v. Guillet |
11 La.Ann. 424, Supreme Court of Louisiana (May 01, 1856) |
1856 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Denson v. Patton |
19 Ga. 577, Supreme Court of Georgia (February 01, 1856) |
1856 |
[1.] A bequest to K to be held in trust for the use of Nancy C P during her natural life, does not create a separate estate in Nancy C P. In Equity, in Floyd Superior Court. This was a bill filed by Denson and several others, alleging that John C. Patton was trustee for Mrs. Nancy Patton, a married woman, and as trustee held certain property which... |
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Cases |
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| Desha's Ex'rs v. Robinson |
17 Ark. 228, Supreme Court of Arkansas (January 01, 1856) |
1856 |
Each party's pleading is to be taken most strongly against himself; but pleas in bar are not to be construed with the severity which is applied when testing dilatory pleas, and will be deemed sufficient, if by rational intendment they meet the cause of action in matter of substance. To an action upon a note payable to the real estate bank and... |
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Cases |
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| Devron v. His Creditors |
11 La.Ann. 482, 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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| Dick v. State |
1 George 631, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. WITNESS: RIGHT TO CROSS-EXAMINE.If a witness for the state, who has deposed to a confession of guilt, made by the prisoner to himself, state in general terms, that he soon afterwards heard the prisoner make other confessions, and to different persons, it will be error, for the court to refuse the defendant the privilege of cross-examining... |
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Cases |
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| Dick v. State |
1 George 593, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. CONFESSIONS: WHEN ADMISSIBLE EVIDENCE.To render extrajudicial confessions of guilt competent evidence against the accused, it is only necessary, that they be fully and voluntarily made, without any influence of hope or fear superinducing them: it is not necessary that the prisoner should have been previously warned, that he was not bound... |
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Cases |
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| Ditson v. Ditson |
4 R.I. 87, Supreme Court of Rhode Island (August 01, 1856) |
1856 |
By the statute law of Rhode Island, the jurisdiction of its courts in divorces, whether a mensa et thoro or a vinculo, depends solely upon the residence in the state or citizenship of the petitioner. Rules and practice in Rhode Island as to notice to an absent or non-resident party to a marriage sought to be affected or dissolved by a petition for... |
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Cases |
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| Dixon v. Chadwick |
11 La.Ann. 215, Supreme Court of Louisiana (March 01, 1856) |
1856 |
Appeal from the District Court, Tenth District, parish of Tensas, Snyder, J. |
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Cases |
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| Dobbin v. Hubbard |
17 Ark. 189, Supreme Court of Arkansas (January 01, 1856) |
1856 |
At common law, the legal existence of the wife is merged in that of the husband by the marriage, and as a general rule, her contracts are void, and cannot be enforced against her in a court of law, But it is a rule in equity that a femme couverte, in regard to her separate property, is considered a femme sole, and may, by her contracts, bind her... |
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Cases |
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| Dodeman v. Barrow |
11 La.Ann. 87, Supreme Court of Louisiana (February 01, 1856) |
1856 |
Appeal from the District Court, Fifth District, Parish of Assumption, Cole, J. |
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Cases |
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| Doe ex dem. Lafontaine v. Avaline |
8 Ind. 6, Supreme Court of Indiana (May 01, 1856) |
1856 |
The act of February 11th, 1848, repealing the act for the relief of the Miami Indians, &c., of February 3d, 1841, and the act relative to suits against the Miami Indians, of February 11th, 1843, did not repeal the 3d section of chap. 28, R. S. 1843. The courts will not construe a statute strictly, merely because it imposes disabilities, especially... |
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Cases |
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| Donnell v. Parrott |
12 La.Ann. 690, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal trom the District Court of St. Landry, Dupré, J. |
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Cases |
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| Dorsey v. Dorsey |
9 Md. 31, Court of Appeals of Maryland (June 01, 1856) |
1856 |
This is an appeal from an order of the orphans court of Baltimore city, passed the 6th day of October 1855, directing the appellant, as executor of the last will and testament of William H. Dorsey, deceased, to pay over to the appellee a certain sum of money which he has in hand, and also hereafter from time to time pay in like manner over to said... |
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Cases |
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| Dorvin v. Wiltz |
11 La.Ann. 514, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Duncan v. Rawls |
16 Tex. 478, Supreme Court of Texas (January 01, 1856) |
1856 |
Where an heir, especially after so great a lapse of time (fourteen years), sues for the share of a deceased partner in the community, the fact of indebtedness of the community, if relied upon, must be established by the defense. It is not necessary to consider what equities might be set up by a surviving husband, or his vendee, against the claim by... |
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Cases |
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