| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Janney's Ex'or v. Stephen's Adm'r |
Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1856) |
1856 |
This cause coming on to be heard on the transcript of the record, was argued by counsel. On consideration whereof, the court is of opinion that there is no error in the decree of the 2nd June, 1836, in establishing the amount of the plaintiff's claim at $4,130.97, with interest on $2,576.70, part thereof, from November 10th, 1832, nor so far as it... |
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Cases |
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| Jesse v. State |
20 Ga. 156, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] The Act of 1856, in relation to the qualification, selection and impanneling Juries, is constitutional, and applies to trials for offences committed before its passage. [2.] Deafness is an infirmity for which, like ordinary sickness, the Court may excuse a Juror without the consent of the prisoner. [3.] The refusal of the Court to allow a... |
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Cases |
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| Jessup v. Johnston |
3 Jones (NC) 335, Supreme Court of North Carolina (June 01, 1856) |
1856 |
What constitutes fraud is a question of law. In some cases, the fraud is itself evident, when it is the province of the Court so to adjudge, and the jury has nothing to do with it. In other cases it depends upon a variety of circumstances, arising from the motive and intent. Then, it must be left, as an open question of fact, to the jury, with... |
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Cases |
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| Jones v. Jones |
20 Ga. 699, Supreme Court of Georgia (November 01, 1856) |
1856 |
It must have been the intention of the makers of the instruments, respectively, to part with the property mentioned in their respective instruments. If so, they must each have used the word loan in the sense of the word give. Taking the word loan in the sense of the word give, are the words of the instruments such, that by the laws of entails,... |
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Cases |
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| Jones v. Moore |
11 La.Ann. 616, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Union, Richardson, J. |
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Cases |
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| Jones v. Portsmouth & C. R. R. |
32 N.H. 544, Superior Court of Judicature of New Hampshire (January 01, 1856) |
1856 |
If an officer, by direction of the creditor, take any measures which are calculated to prevent competition at the sale of property taken on execution, and the purchaser assents, the sale will be set aside as fraudulent. Where a railroad corporation, on settlement with a contractor, agreed to pay him a certain sum in shares, or bonds of the road, at... |
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Cases |
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| Jones v. Sterns |
28 Ala. 677, Supreme Court of Alabama (January 01, 1856) |
1856 |
[ASSUMPSIT ON COMMON COUNTS FOR SERVICES RENDERED.] APPEAL from the Circuit Court of Conecuh. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Jordan v. Roach |
3 George 481, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. DEFINITE FAILURE OF ISSUE.The Statute of this State, of the 18th of June, 1822, (Hutch. Code, 610, § 26,) on the subject of contingent limitations in deeds and wills, depending on the dying of any person without heirs or issue, & c., has the effect to make such limitations depend on a definite failure of issue, unless a contrary... |
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Cases |
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| Jordan v. State |
3 George 382, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. EVIDENCE: CONFESSIONS OBTAINED BY VIOLENCE NOT ADMISSIBLE.By the tenth section of the first article of the Constitution of the State, it is provided that no person shall be compelled to give evidence against himself. This protection extends as well against violence used by private individuals, as to compulsion exercised by the officers of... |
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Cases |
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| Jordan v. Thomas |
2 George 557, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. WILL: PROBATE OF.-A certified transcript of the record of the Court of Ordinary, in the State of Georgia, in which is embraced a copy of a will, and the affidavit of the subscribing witnesses proving its execution, made in open court, (before the ordinary, who is both judge and clerk;) and also a statement that the will was recorded, and copies... |
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Cases |
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| Judson v. Hertz |
11 La.Ann. 715, Supreme Court of Louisiana (November 01, 1856) |
1856 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Kathman v. City of New Orleans |
11 La.Ann. 457, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the Fifth District Court of New Orleans, Augustin, J. |
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Cases |
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| Kea v. Council |
2 Jones Eq. 345, Supreme Court of North Carolina (June 01, 1856) |
1856 |
The statute of limitations, upon which the defendants rely as a bar to the plaintiff's right of redemption, enacts that, when a mortgagor of personal property shall fail to perform the conditions of the mortgage for the space of two years from the time of performance specified in it, or shall omit for that period after the forfeiture of the... |
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Cases |
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| Kelly v. McCaw |
29 Ala. 227, Supreme Court of Alabama (June 01, 1856) |
1856 |
[ACTION FOR DAMAGES FOR HAVING FRAUDULENTLY AND WRONGFULLY INDUCED SHERIFF TO DISCHARGE LEVY.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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Cases |
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| Kendrick v. Rice |
16 Tex. 254, Supreme Court of Texas (January 01, 1856) |
1856 |
In the case of Turner v. Smith, 9 Tex. 626, the defendants in the original judgment not included in the execution having died, the question was, whether they were properly omitted in issuing execution. It was held that they were; because execution could not issue against their estates. [9 Tex. 626.] Where part only of several defendants appeal, and... |
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Cases |
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| Kendrick v. Whitfield |
20 Ga. 379, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] Did the Superior Court of Houston County have jurisdiction? We are clear that it did. The bill is filed to aid the defence to the action of trover. It seeks to set up an equitable bar to defeat the plaintiffs' recovery. Neither the case of Jordan & Jordan and Carter nor any other decided by this Court conflicts with this opinion. In that case,... |
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Cases |
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| Kennedy v. City of Covington |
17 B.Mon. 567, Court of Appeals of Kentucky (January 01, 1856) |
1856 |
This action was brought by the city of Covington against Robert Kennedy, to recover the sum of seven hundred and thirty dollars, for the use of plaintiff's wharf by the defendant to land his ferry-boats from the 1st day of December, 1850, until the 1st day of December, 1851. The defendant resisted the plaintiff's right to recover wharfage against... |
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Cases |
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| Kent v. Allen |
24 Mo. 98, Supreme Court of Missouri (October 01, 1856) |
1856 |
Plaintiffs, real estate brokers, allege in substance in their petition that the defendant, Allen, employed them to sell for him a certain tract of forty-one acres of land; that defendant represented to plaintiffs that he had a good and perfect title to said land, and authorized and directed plaintiffs to sell the same for the sum of $41,000, on the... |
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Cases |
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| Kent v. Bottoms |
3 Jones Eq. 69, Supreme Court of North Carolina (December 01, 1856) |
1856 |
The material allegations upon which the plaintiff founds his claim for relief, are, that he is the only legitimate child and heir-at-law of Mourning Kent, late of Nash county; that three or four years before her death, the defendant, who had married one of her illegitimate daughters, purchased and took an absolute deed, to himself, for a certain... |
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Cases |
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| Key v. Henson |
17 Ark. 254, Supreme Court of Arkansas (January 01, 1856) |
1856 |
A defendant may recoup the damages sustained by failure of consideration, as well where the action is brought upon an instrument given to secure the payment of the purchase money, on a contract of bargain and sale, as where it is brought upon the original contract. A court of law can properly afford no relief, upon the principle of recoupment,... |
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Cases |
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| Kirkman v. Benham |
28 Ala. 501, Supreme Court of Alabama (January 01, 1856) |
1856 |
[BILL IN EQUITY TO ENFORCE CONSTRUCTIVE TRUST.] APPEAL from the Chancery Court of Lauderdale. Heard before the Hon. A. J. WALKER. |
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Cases |
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| Lambert v. King |
12 La.Ann. 662, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal from the District Court of St. Landry, Dupré, J. |
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Cases |
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| Larey v. Beazley |
9 Rich.Eq. 119, Court of Appeals of Equity of South Carolina (November 01, 1856) |
1856 |
Where a wife has an expectant interest in chattels, no act of the husband, or of any third person, in vesting the husband, or the wife, or both, with the present, or particular estate, will operate to vest the future or expectant interest of the wife in the husband; and it makes no difference whether such future or expectant interest is vested or... |
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Cases |
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| Lashley v. Lashley |
3 Jones (NC) 414, Supreme Court of North Carolina (June 01, 1856) |
1856 |
The case turns upon the meaning of the word single, as used by the testator, in the bequest to his daughter, Fanny. When applied to a woman, single, in its strict literal sense, means without a husband; but in its ordinary sense, and as used in common parlance, it denotes a class; those who have never married, as distinguished from married... |
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Cases |
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| Lawrence v. Senter |
4 Sneed (TN) 52, Supreme Court of Tennessee (September 01, 1856) |
1856 |
This was an action of ejectment, in which the verdict and judgment were in favor of the defendant. William A. Harris was allowed by the court to be examined as a witness for the defendant, to prove the boundary line in dispute to be as contended for by the defendant, against the objection of the plaintiff, on the ground of interest. He was a very... |
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Cases |
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| Laycock v. Davidson |
11 La.Ann. 328, Supreme Court of Louisiana (April 01, 1856) |
1856 |
Appeal from the District Court, Sixth District, Parish of East Baton Rouge, Robertson, J. |
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Cases |
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| Lea v. White |
4 Sneed (TN) 111, Supreme Court of Tennessee (September 01, 1856) |
1856 |
This action for a libel was brought in the circuit court of Grainger county. The declaration charges that, in a return to a writ of habeas corpus for two apprentices which the plaintiff alleged the defendant wrongfully detained from her, and as causes why he detained them, the defendant wantonly and maliciously published a false and scandalous... |
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Cases |
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| Lee v. Bennett |
2 George 119, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. HUSBAND AND WIFE: RIGHT OF WIFE TO MAKE A WILL.-A testamentary disposition of her personal chattels, made by a feme covert, with the assent of her husband, is entitled at law, to all the effect of a will made by a person sui juris. 2. SAME: PROBATE OF A FEME COVERT'S WILL.-Whether a testamentary document, made by a feme covert, with the assent... |
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Cases |
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| Lee v. Griffin |
2 George 632, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
SURETY: RIGHT OF SUBROGATION.-A surety cannot maintain a bill in equity to foreclose a mortgage in favor of the creditor, until he has either paid or secured the debt; but it seems that he may at any time maintain a bill quia timet to prevent the persons in possession of the mortgaged property from selling or otherwise disposing of it. See 23 Miss.... |
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Cases |
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| Leverich v. Adams |
11 La.Ann. 510, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the District Court of East Baton Rouge, Burke, J. |
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Cases |
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| Levi v. Penny |
11 La.Ann. 539, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the District Court of East Feliciana, Ratliff, J. |
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Cases |
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| Levistones v. Brady |
11 La.Ann. 696, Supreme Court of Louisiana (November 01, 1856) |
1856 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
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Cases |
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| Lewis v. Taylor |
17 Tex. 57, Supreme Court of Texas (January 01, 1856) |
1856 |
Although it would seem that the plaintiff has a right, under section 7 of the act of March 18, 1848 (Hart. Dig. art. 2820), to execution on a bond given for the trial of the right of property levied on, for the amount of the valuation of the property and interest thereon, notwithstanding such valuation exceed the amount of the debt, interest and... |
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Cases |
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| Lindsay v. Wayland |
17 Ark. 385, Supreme Court of Arkansas (January 01, 1856) |
1856 |
It is by no means certain that sections 132 and 133 (chap. 126, Digest) were intended to apply to cases pending in the circuit court on appeal from a justice of the peace; and where, in such case, the court, upon consolidating several suits, upon which one action might have been brought, refuses to tax the plaintiff with the costs in all the cases... |
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Cases |
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| Linton v. Denham |
6 Fla. 533, Supreme Court of Florida (January 01, 1856) |
1856 |
1. The principle affirmed in the case of Carter vs. Bennett, et al. 6 Flor. R. 236, viz: that when all the equities of the bill are denied by the answer, it is not of course to dissolve the injunction; the granting and continuing of injunctions rest in the discretion of the court to be governed by the nature and circumstances of the case--cited and... |
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Cases |
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| Lockhart v. Cameron |
29 Ala. 355, Supreme Court of Alabama (June 01, 1856) |
1856 |
[BILL IN EQUITY FOR REFORMATION OF DEED OF GIFT.] APPEAL from the Chancery Court of Sumter. Heard before the Hon. WADE KEYES. |
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Cases |
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| Long v. Lewis |
20 Ga. 568, Supreme Court of Georgia (August 01, 1856) |
1856 |
[1.] A decision refusing a new trial, the right to which depended on the question, whether there was sufficient evidence to support the verdict or not, will not be disturbed if the case was a very small one, although the evidence to support the verdict was very slight. Assumpsit, in Henry Superior Court. This was an action brought by James H. Lewis... |
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Cases |
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| Louis v. Richard |
12 La.Ann. 684, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal from the District Court of Lafayette, Dupré, J. |
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Cases |
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| Lucas v. D'Armond |
11 La.Ann. 168, Supreme Court of Louisiana (March 01, 1856) |
1856 |
Appeal from the District Court, Seventh District, Parish of East Feliciana, Merrick, J. |
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Cases |
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| Lusk v. Lewis |
3 George 297, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. PROBATE COURT: JURISDICTION OF, TO SET ASIDE PROBATE OF WILL FOR ILLEGALITY OF BEQUESTS.-The Probate Court has no jurisdiction to entertain a petition filed by the heir, to set aside the probate of a will, on the ground of the illegality of some of the bequests therein made, and to re-admit it to probate, so far as the bequests are legal; in a... |
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Cases |
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| Lyons v. Andrews |
12 La.Ann. 685, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal from the District Court of St. Landry, Dupré, J. |
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Cases |
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| Lyons v. Field |
17 B.Mon. 543, Court of Appeals of Kentucky (December 20, 1856) |
1856 |
1. Mortgages and deeds of trust conveying personal property do not come within the rule which requires that the possession shall accompany the title; they are each regarded as merely incumbrances upon property, the interest of the grantor in each being liable to sale under execution. (Rev. Stat. 327.) 2. By the act of 1820 (Stat. Law, 449), any... |
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Cases |
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| Macon & W.R. Co. v. Winn |
19 Ga. 440, Supreme Court of Georgia (January 01, 1856) |
1856 |
[1.] Our judgment in this case is, that it was error in the Court not to have given the third charge, as requested by Counsel for the defendant; and that a new trial, on that account, should be granted. It contains, we think, the law which should control this case. When the case of the Macon & Western Rail Road Co. against Davis, was before this... |
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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. Whiteneck |
8 Ind. 217, Supreme Court of Indiana (November 01, 1856) |
1856 |
If a party voluntarily abstain from claiming the right of trial by jury in a given case, it may be judicially held that is waived. Hence the statute (2 R. S. 115) enacting that such act shall be regarded as a waiver, is valid. The whole of the act of 1853 entitled, An act to provide compensation to the owners of animals killed or injured by... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Maranthe v. Hunter |
11 La.Ann. 734, Supreme Court of Louisiana (December 01, 1856) |
1856 |
Appeal from the District Court of the parish of Point Coupée, Cooley, J. |
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Cases |
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| Marlow v. King |
17 Tex. 177, Supreme Court of Texas (January 01, 1856) |
1856 |
Martha A. Marlow departed this life without issue, leaving David M. Marlow, one of the appellants, her surviving husband. Her mother had died a long time previous to her death, and her father married subsequently to her mother's death, and there were several children, the issue of this second marriage. These children, being the half brothers and... |
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Cases |
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| Martel's Adm'r v. Martel |
17 Tex. 391, Supreme Court of Texas (January 01, 1856) |
1856 |
This suit was brought by the administrator de bonis non against the former administrator and his security on his administration bond, alleging as a breach of the bond, that divers articles enumerated, and sums of money, assets of the estate, had come to the hands of the former administrator, and by him were never accounted for in his... |
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Cases |
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| Martin v. Bell |
9 Rich.Eq. 42, Court of Appeals of Equity of South Carolina (November 01, 1856) |
1856 |
Testator declared as follows, The property, real or personal, that my three daughters, M. M., N. J., and M. S., may or do receive by this, my will, I hereby settle it on them and the lawful issue of their bodies forever, and I do declare that it shall in no wise be subject the debts of their husbands, in no case... |
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Cases |
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| Martin v. State |
28 Ala. 71, Supreme Court of Alabama (January 01, 1856) |
1856 |
[INDICTMENT FOR ARSON.] FROM the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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Cases |
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| Mastin v. Cullom |
28 Ala. 670, Supreme Court of Alabama (January 01, 1856) |
1856 |
[ASSUMPSIT AGAINST SHERIFF TO RECOVER FEES ILLEGALLY EXACTED.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. JOHN GILL SHORTER. |
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Cases |
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