TitleCitationYearSummaryMost RelevantTypeStatus
Patton v. Patton 2 Jones Eq. 494, Supreme Court of North Carolina (August 01, 1856) 1856 This case comes on for further directions upon the report of the clerk and master of the Court of Equity, for the County of Buncombe, and the exceptions thereto. The exceptions of the defendants J. P. Perkins, J. N. Perkins and Mrs. Cox, are sustained, for the reason that the amount overpaid to their mother, Mrs. Smith, cannot be deducted from what...   Cases  
Payne v. Coursey 20 Ga. 585, Supreme Court of Georgia (August 01, 1856) 1856 [1.] By the VIIIth section of the Tax Act of 1804, perpetuated by subsequent statutes, it is provided, that If any person or persons shall neglect or refuse to give in a return of his, her or their taxable property, or shall be convicted of fraud or making a false return thereof, he, she or they shall be liable to pay to the Clerk of the Inferior...   Cases  
Pearsall v. McCartney 28 Ala. 110, Supreme Court of Alabama (January 01, 1856) 1856 [PETITION BY BANKRUPT FOR SUPERSEDEAS OF EXECUTION--DISCHARGE CONTESTED ON ACCOUNT OF FRAUD.] APPEAL from the Circuit Court of Morgan. Tried before the Hon. JOHN E. MOORE.   Cases  
People v. Gallagher 4 Mich. 244, Supreme Court of Michigan (January 01, 1856) 1856 The act approved February 3d, 1855, commonly entitled The prohibitory liquor law, so far as it prohibits the sale and manufacture of spirituous liquors, is constitutional. PRATT J. dissenting. There is no reported case in which a court has declared a law to be void because it conflicted with some undefined right, not secured by a...   Cases  
Person v. Rutherford 11 La.Ann. 527, Supreme Court of Louisiana (June 01, 1856) 1856 Appeal from the Third District Court of New Orleans, Kennedy, J.   Cases  
Peterson v. Matthis 3 Jones Eq. 31, Supreme Court of North Carolina (December 01, 1856) 1856 An injunction to prevent the setting up of a fraudulent deed, embracing the whole estate of an old man past the age of active labor, is a special one, and the bill of the plaintiff may be read as an affidavit in reply to the defendant's answer. The mischief in such a case is irreparable, and the injunction will be continued to the hearing. APPEAL...   Cases  
Peyton v. Richards 11 La.Ann. 62, Supreme Court of Louisiana (January 01, 1856) 1856 Appeal from the Second District Court of New Orleans. Lea, J.   Cases  
Phillips v. Hunter 22 Mo. 485, Supreme Court of Missouri (March 01, 1856) 1856 This judgment must be affirmed. Assuming that there was a proper application to the court below for a review of the finding, upon the ground that it was not warranted by the evidence, and that a case has been properly made to subject the decision of the inferior court upon that motion to review here, there is nothing in this part of the case to...   Cases  
Pierce v. Cole 17 Tex. 259, Supreme Court of Texas (January 01, 1856) 1856 This suit was brought by Cole, the appellee, on a note of hand, i. e.: One day after date, we, or either of us, promise to pay Samuel Cole, or bearer, the sum of four hundred dollars, bearing interest from date at ten per cent., for value received of him this the 21st of August, 1854. (Signed) David Pierce, George Pierce, Joseph Pierce, Josiah...   Cases  
Police Jury of parish of Orleans v. Nougues 11 La.Ann. 739, Supreme Court of Louisiana (December 01, 1856) 1856 Appeal from a judgment of the Sixth Justice of the Peace of the parish of Orleans, right bank of the Mississippi River.   Cases  
Pollard v. Scears 28 Ala. 484, Supreme Court of Alabama (January 01, 1856) 1856 [FINAL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS--APPEAL BY DISTRIBUTEE FROM ALLOWANCE OF CERTAIN CREDITS.] APPEAL from the Court of Probate of Greene.   Cases  
Pool v. Huff 20 Ga. 671, Supreme Court of Georgia (August 01, 1856) 1856 Ought the Court to have granted the motion for a new trial? We think so. There was not a particle of evidence against Pool, the defendant. What evidence there was, was all against Pool, the witness. And as against the witness, the evidence did not make out a case of damage to the amount of as much as forty-three dollars. We regret to have to...   Cases  
Pope v. Toombs 20 Ga. 762, Supreme Court of Georgia (November 01, 1856) 1856 [1.] A motion was made for a new trial, and to the motion was appended what the motion referred to as a brief of the evidence. Two of the grounds of the motion related to evidence. The Court took up the motion, and after hearing it in part, adjourned it to a specified time in vacation; and at that time, adjourned it in such a manner that it...   Cases  
Powell v. Cobb 3 Jones Eq. 1, Supreme Court of North Carolina (December 01, 1856) 1856 Where impertinent matter is introduced into the pleadings, it is, according to the course of the Court, to be stricken out at the expense of the party. This rule, and that requiring the pleadings to be signed by a solicitor of the court, is adopted for the purpose of excluding scandal and protecting a party litigant, from having his reputation...   Cases  
Pratt v. McHatton 11 La.Ann. 260, Supreme Court of Louisiana (April 01, 1856) 1856 Appeal from the District Court, Sixth District, parish of East Baton Rouge, Robertson, J.   Cases  
Price v. Notrebe's Heir 17 Ark. 45, Supreme Court of Arkansas (January 01, 1856) 1856 This bill, as well as the original one, the proceedings in which are now sought to be reviewed, was filed by Mrs. Notrebe, as widow of Frederick Notrebe, deceased, against the executors and heirs at law of the latter. Mrs. Notrebe having afterwards intermarried with Price, he therefore, was made a party complainant. The case presented on the...   Cases  
Pringle v. Hunt 2 George 351, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. PROBATE COURT: PRACTICE: DISTRIBUTION.-In a proceeding for a division of personalty belonging to a deceased person's estate, it is not necessary to make the co-heirs or co-legatees of the petitioners parties; but they are, if within the State, entitled to notice of the time and place of making the division. Hutch. Code, 670, ยง 112, and 673, art....   Cases  
Provan v. Percy 11 La.Ann. 179, Supreme Court of Louisiana (March 01, 1856) 1856 Appeal from the District Court, Seventh District, Parish of West Feliciana, Merrick, J.   Cases  
Pryor v. Ryburn 16 Ark. 671, Supreme Court of Arkansas (January 01, 1856) 1856 Where one of several defendants in chancery is merely a nominal party, having no personal interest in the result of the suitthe bill seeking no decree against himhis deposition may be taken, upon an order of court for that pupose, in favor of the complainant. Folsom v. Fowler ad., 15 Ark. Rep. 281. A complainant, prosecuting a suit in...   Cases  
Public Treasurer v. Petway 2 Jones Eq. 396, Supreme Court of North Carolina (June 01, 1856) 1856 The Act of 1854, (Rev. Code, ch. 99, sec. 20,) imposing a tax on the dividends of individual holders of bank-stock, is not unconstitutional. CAUSE removed from the Court of Equity of Edgecombe County. The bill alleges, the incorporation of the Commercial Bank of Wilmington, its organization, the subscription by the defendant for fifty shares of the...   Cases  
Rafe v. State 20 Ga. 60, Supreme Court of Georgia (June 01, 1856) 1856 [1.] The Statutes regulating the selection, drawing and summoning Jurors, are intended to distribute Jury duties amongst the citizens of the county, provide for rotation in Jury service, and to insure at each Court the attendance of persons to serve on Juries, and are no part of a regulation to secure to parties impartial Juries. [2.] Persons...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Raines v. Barker 13 Gratt. 128, Supreme Court of Appeals of Virginia (February 29, 1856) 1856 1. Testator made his will in 1842, purchased a tract of land in 1849, and died in 1852. His will, in respect to this land, is to be construed as the law was prior to the Code of 1849. 2. The construction given to the act of 1785 authorizing the devise of after acquired lands, in the case of Allen v. Harrison, 3 Call 289, adhered to. 3. Testator by...   Cases  
Raney v. Heath Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1856) 1856 Is there any decision which holds, that, because the different subjects are blended in the same bequest, the same rule shall be applied to both? Stanard. That question has not been distinctly decided; but the case, just cited, of Genery v. Fitzgerald, 4 Cond. Eng. Ch. R., applies the rule of personalty to both. This case was prematurely heard....   Cases  
Rawdon v. Rawdon 28 Ala. 565, Supreme Court of Alabama (January 01, 1856) 1856 [BILL IN EQUITY FOR DIVORCE ON GROUND OF INSANITY.] APPEAL from the Chancery Court of Talladega. Heard before the Hon. A. J. WALKER.   Cases  
Reid v. State 20 Ga. 681, Supreme Court of Georgia (August 01, 1856) 1856 [1.] It is no objection to the testimony of a witness, that he has come to the knowledge of a party's handwriting since the difficulty arose, nor that means were used to obtain that knowledge: Aliter, if the witness' knowledge was acquired under such circumstances as would show that the party had a motive for disguising it. [2.] The presumption is,...   Cases  
RELATION OF INDIANS TO CITIZENSHIP. 7 U.S. Op. Atty. Gen. 746 (July 05, 1856) 1856     Administrative Decisions & Guidance  
Reynolds v. Batson 11 La.Ann. 729, Supreme Court of Louisiana (December 01, 1856) 1856 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Reynolds v. Lansford 16 Tex. 286, Supreme Court of Texas (January 01, 1856) 1856 Where property is conveyed by a debtor in failing circumstances to a third person, and by the latter conveyed by deed of gift to the wife of the former, it is prima facie fraudulent and void as to antecedent creditors. Though the deed of the vendor may be fraudulent and void as to his creditor, yet, if the vendee go into possession actual,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Rice v. Johnson 20 Ga. 639, Supreme Court of Georgia (August 01, 1856) 1856 [1.] A Tax Collector's sale must take place in the county in which the property to be sold is. Ejectment, in Chattooga Superior Court. This was an action of ejectment, brought by the defendant in error against the plaintiffs in error, for the recovery of lot of land No. 195, in the 6th district of the 4th section, in Chattooga County. On the trial,...   Cases  
RIGHT OF EXPATRIATION. 8 U.S. Op. Atty. Gen. 139 (October 31, 1856) 1856     Administrative Decisions & Guidance  
Ritter v. The Jamestown 23 Mo. 348, Supreme Court of Missouri (October 01, 1856) 1856 This is a proceeding, under the act of this state concerning boats and vessels, against the steamboat Jamestown, for furnishing said boat with provisions, stores and supplies, to the amount of three hundred and ninety-four dollars and six cents. These provisions were alleged to have been furnished said boat on account of Capt. Dodge, who was then...   Cases  
Robinson v. Com. 16 B.Mon. 609, Court of Appeals of Kentucky (February 01, 1856) 1856 By the Revised Statutes, art. 17, sec. 1, p. 264, it is provided that, If any person unlawfully shoot at another, with intent to kill or wound such person, without inflicting a wound, he shall be fined not exceeding $500, and imprisoned not less than six, nor more than twelve months. Under this provision an indictment was found, in...   Cases  
Robinson v. Varnell 16 Tex. 382, Supreme Court of Texas (January 01, 1856) 1856 It would seem that the court will not, of its own motion, order a certiorari to perfect the transcript, although the appellant has appeared by brief only, and the omission has escaped the notice of his counsel; at all events, where it is apparent that it would make no difference in the decision of the cause. A mere omission in one part of the...   Cases  
Rogers v. French 19 Ga. 316, Supreme Court of Georgia (January 01, 1856) 1856 [1.] Was the Court right in refusing to give the first charge as requested, without the modification and explanation which accompanied it in the charge as given? In ex parte Pye, (18 Vesey, 152,) Lord Eldon observes, that where a father gives a legacy to a child, the legacy coming from the father to his child must be understood as a portion,...   Cases  
Roper v. Roper 29 Ala. 247, Supreme Court of Alabama (June 01, 1856) 1856 [BILL IN EQUITY TO REMOVE HUSBAND AS TRUSTEE OF WIFE'S SEPARATE ESTATE.] APPEAL from the Chancery Court of Lowndes. Tried before the Hon. WADE KEYES.   Cases  
Ross v. Davis 17 Ark. 113, Supreme Court of Arkansas (January 01, 1856) 1856 On the 7th day of February, 1854, Ross et al. filed their original bill on the chancery side of the Clark circuit court, against Henry Davis, his wife, Mary T. Davis, and William Davis, charging in substance therein, that, on the 9th January, 1848, their testator, Wiley Newberry, made and published his will, in which they are appointed executors...   Cases  
Sadler v. Anderson 17 Tex. 245, Supreme Court of Texas (January 01, 1856) 1856 See this case as to the necessity of proving the law of another state where the rights of parties depend on transactions occurring there. A bill of sale under execution by a sheriff in another state will be presumed to conform to the laws of such other state until the contrary appears. It would seem to be no objection to the validity of a bill of...   Cases  
Sadler v. Hoover 2 George 260, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. CONTRACT: CONSIDERATION.-H. had a judgment against C., and C. had a judgment against S. By agreement of all the parties, S. executed his promissory note to H. for the amount, and in satisfaction of his judgment against C., and received a credit for the amount of his note on the judgment he owed to C. Held, that H.'s judgment against C., being...   Cases  
Sadler v. Sadler 16 Ark. 628, Supreme Court of Arkansas (January 01, 1856) 1856 The plaintiffs suing as administrators, having proved by the record of the probate court, upon an issue to the plea of ne unques administrators, that letters of administration upon the estate of their intestate, had been granted to the defendant, and afterwards revoked; and that administration was then granted to themthe reading, by the...   Cases  
Sam v. State 2 George 480, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. NEW TRIAL: PREJUDICED JUROR.If after verdict it appear that a juror, who had stated on his voir dire that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner, had prejudged the case, and had expressed an opinion unfavorable to the prisoner, and that the prisoner was ignorant of the fact at the trial, a...   Cases  
Sanders v. Sanders 17 B.Mon. 10, Court of Appeals of Kentucky (July 01, 1856) 1856 This petition was filed by the executors and devisees of James Sanders, deceased, to sell the real estate, as it could not be divided without injury to the estate, and to distribute the proceeds, etc. All the devisees are plaintiffs except three, and two of these three file their answers, making them cross-petitions, and charging that the paper...   Cases  
Sanders v. State 18 Ark. 198, Supreme Court of Arkansas (July 01, 1856) 1856 Benjamin F. Sanders was indicted in the Drew circuit court for obstructing a public road by felling trees and timber across it. Upon the plea of not guilty he was tried by a jury, convicted and fined one cent. He moved for a new trial on the grounds that the verdict was contrary to the law and evidence; the motion was overruled by the court, and he...   Cases  
Scaggs v. Baltimore & W.R. Co. 10 Md. 268, Court of Appeals of Maryland (December 01, 1856) 1856 By the act of 1837, ch. 309, rail road companies are made responsible for injuries to woods and fields occasioned by fire from their engines, and by the act of 1838, ch. 244, the same remedy is applied to injuries to any stock as cattle, horses, sheep, hogs, et cetera. The act of 1841, ch. 266, a supplement to both the previous acts,...   Cases  
Scott v. Doneghy 17 B.Mon. 321, Court of Appeals of Kentucky (July 04, 1856) 1856 Although in an action by ordinary proceedings, when the plaintiff desires to obtain an attachment, the Code requires him to file, in the clerk's office of the court in which the action is brought, an affidavit, showing the nature and justness of his claim, and the amount which he believes he ought to recover, together with the grounds upon which he...   Cases  
Scott v. Key 11 La.Ann. 232, Supreme Court of Louisiana (March 01, 1856) 1856 Appeal from the District Court, Tenth District, parish of Carroll, Snyder, J.   Cases  
Scott v. State 2 George 473, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. HIGH COURT: NEW TRIAL: EXCEPTIONS.This court cannot review the action of the Circuit Court overruling a motion for a new trial, unless the judgment on the motion be excepted to in that court. 2. HIGH COURT: INSTRUCTIONS MUST BE EXCEPTED TO.Unless the instructions given by the Circuit Court be excepted to in that court; this court...   Cases  
Scott v. Winship 20 Ga. 429, Supreme Court of Georgia (June 01, 1856) 1856 [1.] In all cases of claim, where the transaction is between relatives, especially a mother and her son, it is a fact of vital importance that the bona fides of the consideration upon which it purports to be founded, is not disputed. [2.] Where property is fairly purchased from a debtor in failing circumstances, and the money paid, the creditors...   Cases  
Semere v. Semere 12 La.Ann. 681, Supreme Court of Louisiana (August 01, 1856) 1856 Appeal from the District Court of St. Martin, A. Voorhies, J.   Cases  
Semmes v. Mayor & Council of Columbus 19 Ga. 471, Supreme Court of Georgia (January 01, 1856) 1856 [1.] Defendants to a bill in Equity, may be called out of the county of their residence, and out of the county in which the suit is pending, to argue a motion to dissolve an injunction. [2.] Injunctions granted on the ex parte showing of the applicant, are, under the 4th rule of Equity practice, granted on terms. [3.] If there are more defendants...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Servis v. Beatty 3 George 52, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. CHANCERY: EVIDENCE: WHAT PARTIES MAY BE WITNESSES, AND WHEN.A defendant may be examined as a witness by the complainant, and where he has no interest in the matter upon which it is proposed to examine him, he may be examined for his co-defendant; but in no case can a complainant be examined as a witness, either for a co-complainant or a...   Cases  
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