Title | Citation | Year | Summary | Most Relevant | Type | Status |
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... |
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Cases |
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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... |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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. |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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.... |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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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... |
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Cases |
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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.... |
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Cases |
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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. |
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Cases |
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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,... |
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Cases |
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RELATION OF INDIANS TO CITIZENSHIP. |
7 U.S. Op. Atty. Gen. 746 (July 05, 1856) |
1856 |
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Administrative Decisions & Guidance |
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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. |
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Cases |
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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,... |
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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,... |
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Cases |
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RIGHT OF EXPATRIATION. |
8 U.S. Op. Atty. Gen. 139 (October 31, 1856) |
1856 |
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Administrative Decisions & Guidance |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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,... |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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,... |
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Cases |
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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... |
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Cases |
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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. |
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Cases |
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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... |
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Cases |
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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... |
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Cases |
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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. |
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Cases |
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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... |
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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... |
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Cases |
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