| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Wolfe's Adm'r & Adm'x v. Sharp |
10 Rich. 60, Court of Appeals of Law of South Carolina (November 01, 1856) |
1856 |
An answer of a witness to one of the plaintiff's interrogatories in chief was excluded, because it appeared, that there was written evidence of the matter testified to, which was not produced:Held, that the plaintiff might read, as evidence, the answer of the same witness to a cross-interrogatory, in which he repeated the testimony given in... |
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Cases |
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| Wood v. Hardy |
11 La.Ann. 760, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Claiborne, Land, J. |
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Cases |
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| Woods v. Woods |
2 Jones Eq. 420, Supreme Court of North Carolina (June 01, 1856) |
1856 |
In fixing the construction of a will, the Court have a right to look to the state of the testator's family, and the condition of his property at the time when his will was written. The reception of an article of the same kind as that bequeathed, before the will was written, is not a satisfaction of a general bequest of an article of personal... |
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Cases |
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| Woodward v. Lurty |
11 La.Ann. 280, Supreme Court of Louisiana (April 01, 1856) |
1856 |
Appeal from the District Court, Seventh District, Parish of West Feliciana. |
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Cases |
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| Work v. Harper |
2 George 107, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. STATUTE OF LIMITATIONS.-The mortgagee of property conveyed by the judgment debtor, will not be entitled to hold it discharged of the lien of the judgment which was prior and superior to the lien of the mortgage, when the lien of the judgment has become barred by the Statute of Limitations, in a case where the judgment creditor has been... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Worthy v. Chalk's Adm'rs |
10 Rich. 141, Court of Appeals of Law of South Carolina (November 01, 1856) |
1856 |
A motion to consolidate is addressed to the discretion of the Court, and should properly be made after declaration and before plea, though if the causes of action are admitted, or certainly ascertained by affidavits, it may be made, it seems, at the return term of the writ. |
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Cases |
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| Aaron v. Beck |
9 Rich.Eq. 411, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
Testator devised and bequeathed as follows: I give all my property real and personal to my wife S. K. during her natural life and should she again marry then and in that case the whole of the property to be equally divided between her and my daughter M. E. the half of which my wife shall die possessed to be disposed of at her death as she may... |
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Cases |
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| Abbey v. Commercial Bank of New Orleans |
5 George 571, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. FEDERAL COURTS: LIENS OF JUDGMENTS RENDERED IN, GOVERNED BY LAWS OF THIS STATE.The liens of judgments rendered by the Federal Courts holden in this State, are subject to the operation of the Statute of Limitations, enacted by the legislature, and will be extinguished by the lapse of time therein prescribed. 2. BANKRUPTCY: FRAUDULENT... |
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Cases |
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| Aiken v. Cato |
23 Ga. 154, Supreme Court of Georgia (June 01, 1857) |
1857 |
Disposing of the exception to the judgment overruling the motion for a new trial, will be disposing of all the exceptions in the case. The question, therefore, may be stated to be this, was any one of the grounds of the motion for a new trial a good ground? A part of the first of those grounds, was as follows: In charging the jury upon the... |
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Cases |
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| Alexander v. Alexander |
12 La.Ann. 588, Supreme Court of Louisiana (July 01, 1857) |
1857 |
Appeal from the District Court of Caddo, Cresswell, J. |
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Cases |
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| Alexander v. Kennedy |
19 Tex. 488, Supreme Court of Texas (January 01, 1857) |
1857 |
That the possession of one co-heir or co-tenant is the possession of the other co-heirs, and is taken in trust for their benefit, is an elementary and indisputable principle of law. [22 Tex. 663.] But this possession may become adverse to the other heirs, by acts or declarations repelling the presumption that the possession is in the character of a... |
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Cases |
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| Allen v. Prater |
30 Ala. 458, Supreme Court of Alabama (January 01, 1857) |
1857 |
[ACTION ON PROMISE TO PAY IN COMPROMISE OF LEGAL CONTROVERSY.] APPEAL from the Circuit Court of Benton. Tried before the Hon. JOHN E. MOORE. |
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Cases |
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| Allison v. Allison |
3 Jones Eq. 236, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The residuary clause in the will now under consideration is of the most comprehensive character. It embraces the balance of the testator's property of every kind not otherwise bequeathed. It must, therefore, comprehend, as was said by the Court in Sorrey v. Bright, 1 Dev. and Bat. Eq. Rep. 113, all the personalty which is not otherwise effectually... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Andrews v. Huckabee's Adm'r |
30 Ala. 143, Supreme Court of Alabama (January 01, 1857) |
1857 |
[BILL IN EQUITY FOR ACCOUNT AGAINST TRUSTEE'S ADMINISTRATOR.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Angomar v. Wilson |
12 La.Ann. 857, Supreme Court of Louisiana (August 01, 1857) |
1857 |
Appeal from the District Court of St. Landry, Dupré, J. |
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Cases |
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| Anonymous |
37 Hunt Mer. Mag. 707, District Court, D Maine (March 02, 1857) |
1857 |
In admiralty. This was a libel in rem for the purchase price of certain materials furnished for the construction of a ship, which was at the time of filing of libel in possession by the sheriff, by virtue of an attachment issued in a common law suit. Heard on plea to the jurisdiction. Overruled. |
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Cases |
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| Arms v. Middleton |
23 Barb. 571, Supreme Court, General Term, New York (March 02, 1857) |
1857 |
This case comes within the rule, that entries made by a third person in the usual course of professional employment, or of a clerkship, or agency, are, after the death of the persons making them, competent evidence as being part of the res gestæ. The cases in support and illustrative of this rule, are very numerous. Many of them will be found... |
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Cases |
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| Arms v. Middleton |
23 Barb. 571 (March 02, 1857) |
1857 |
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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| Atwell v. Miller |
11 Md. 348, Court of Appeals of Maryland (December 01, 1857) |
1857 |
In order to make the declarations of a third person evidence against a plaintiff, on the ground that he was a partner with, or the agent of, the plaintiff, sufficient proof must first be offered to satisfy the court of the existence of the partnership or agency. ??reight is the compensation for the carriage of goods, and if paid in advance, and the... |
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Cases |
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| Audrich v. Lamothe |
12 La.Ann. 76, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the District Court of Lafourche, Randall, J. |
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Cases |
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| Averitt v. Murrell |
4 Jones (NC) 322, Supreme Court of North Carolina (June 01, 1857) |
1857 |
We cannot imagine how, in any proper sense, the burning of log-heaps in one's own enclosed field, can be called burning his woods. The term woods, as used in the statute, (see Rev. Stat., ch. 16; Rev. Code, ch. 16, sec. 1) means forest lands in their natural state, and is used in contradistinction to lands cleared and enclosed for cultivation.... |
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Cases |
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| Averitt v. Murrell |
4 Jones (NC) 323, Supreme Court of North Carolina (June 01, 1857) |
1857 |
We think the law applicable to the case was fairly and fully expounded by the presiding Judge; and, for the reasons given by his Honor, we affirm the judgment. The instruction prayed by the plaintiff's counsel had no facts upon which to be based, and his Honor acted right in refusing it. |
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Cases |
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| Bair v. Abrams |
12 La.Ann. 753, Supreme Court of Louisiana (November 01, 1857) |
1857 |
Appeal from the Sixth District Court of New Orleans, Cotton, J. |
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Cases |
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| Baker v. Haldeman |
24 Mo. 219, Supreme Court of Missouri (January 01, 1857) |
1857 |
1. A father is not responsible for injuries caused by an assault made by his minor child. This was an action to recover damages for an alleged assault upon the minor son of plaintiff by the minor son of defendant. The petition charges an assault with a knife, and a cutting, maiming and disabling therewith; and a loss of service and an expenditure... |
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Cases |
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| Bank Com'rs v. Rhode Island Cent. Bank |
5 R.I. 12, Supreme Court of Rhode Island (September 01, 1857) |
1857 |
To justify the action of the bank commissioners, or of the court against a bank, under ch. 126, § 47, of the Revised Statutes, on the ground, that it is so managing its concerns, that the public, or those having funds in its custody, are in danger of being defrauded thereby, it is not necessary that either should be satisfied... |
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Cases |
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| Bankston's Adm'r v. Farris |
26 Mo. 175, Supreme Court of Missouri (January 01, 1857) |
1857 |
This is a very plain case as it appears by the record. All the difficulties which now surround it have grown out of the conduct of the suit. In the first place it is difficult to ascertain on what ground the suit is based, or, in other words, the precise remedy the party had in view when his petition was drawn. If he went for a partition of the... |
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Cases |
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| Barclay v. Sewell |
12 La.Ann. 262, Supreme Court of Louisiana (April 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Barnes v. Cunningham |
9 Rich.Eq. 475, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
Where a widow on bill filed by her for partition of her husband's estate, allows to be partitioned, and takes herself, as part of his estate, a tract of land, which, on partition, in the husband's life-time, of her father's estate, had been allotted to her husband and herself and her heirs, with a direction that the husband pay to other heirs of... |
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Cases |
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| Barrett v. Churchill |
18 B.Mon. 387, Court of Appeals of Kentucky (July 01, 1857) |
1857 |
1. No interest in lands to which infants are entitled can be sold until the conditions required by the Revised Statutes, chapter 86, article 3, page 592, shall have been complied with. (Carpenter, etc. v. Strother's Heirs, 16 B. Mon. 296.) 2. A purchaser at a commissioner's sale of infants' estate in lands, in answer to a rule to show cause why he... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Barrow v. McDonald |
12 La.Ann. 110, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the District Court of Terrebonne, Cole, J. |
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Cases |
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| Barry v. Kimball |
12 La.Ann. 372, Supreme Court of Louisiana (May 01, 1857) |
1857 |
Appeal from the Sixth District Court of New Orleans, Cotton, J. |
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Cases |
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| Bartee v. Tompkins |
4 Sneed (TN) 623, Supreme Court of Tennessee (December 01, 1857) |
1857 |
The bill in this cause was filed in the chancery court at Clarksville on the 31st of January, 1853. The decree settling the rights of the parties was made at the April term, 1856, of said court, from which both parties appealed to this court. The following facts appear from the record: In November, 1835, William B. Bartee, Clark M. Shelby, and... |
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Cases |
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| Bass v. Heard |
4 George 131, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
EXECUTOR AND ADMINISTRATOR: INSOLVENT ESTATE: EFFECT OF DECLARATION OF INSOLVENCY UPON AN EXECUTION THEN ACTUALLY LEVIED.-A declaration of insolvency, under the statute, Hutch. Dig. p. 667, § 103, secures an equal distribution of the assets of the decedent among all his creditors, whether their claims be reduced to judgment or not; but it will not... |
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Cases |
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| Bass v. Taylor |
5 George 342, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. CHANCERY: PLEADING: COMPLAINANT ENTITLED TO RELIEF, NOTWITHSTANDING AN IMMATERIAL VARIANCE BETWEEN THE BILL AND PROOF.Where the plaintiff filed his bill for a settlement of the partnership accounts, and to recover certain sums paid out by him since the dissolution of the partnership, against two defendants, whom he alleged were his... |
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Cases |
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| Beale v. Hall |
22 Ga. 431, Supreme Court of Georgia (June 01, 1857) |
1857 |
[1.] Letters of administration granted by the Ordinary to the Clerk of the Superior Court; under the 2nd section of the Act of January 20th, 1852, do not cease with the expiration of his term of office as Clerk. [2.] The pleadings need not aver the grounds upon which an administrator is entitled to the letters, even if the letters express them.... |
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Cases |
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| Becton v. Becton |
3 Jones Eq. 419, Supreme Court of North Carolina (December 01, 1857) |
1857 |
As a general rule, infant plaintiffs are as much bound by a decree as persons of full age; but they are not so bound in a proceeding by an official plaintiff, though they are styled relators, without the intervention of a prochein amy. In a bill filed by the Attorney General, or a solicitor, against a defaulting guardian, under the act of 1844, ch.... |
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Cases |
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| Beer v. Creditors |
12 La.Ann. 774, Supreme Court of Louisiana (December 01, 1857) |
1857 |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
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Cases |
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| Behn & Foster v. Young & Co. |
21 Ga. 207, Supreme Court of Georgia (January 01, 1857) |
1857 |
[1.] When the bill states all that deeds mentioned in the bill could show, if exhibits of them had been attached to the bill, against the granting an injunction; that exhibits of them are not attached to the bill is no objection to the granting of the injunction. [2.] When there is a fund in Court on which a judgment creditor can lay his hands... |
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Cases |
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| Bennett v. Bennett |
12 La.Ann. 253, Supreme Court of Louisiana (April 01, 1857) |
1857 |
Appeal from the District Court of the Parish of East Feliciana, Ratliff, J. |
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Cases |
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| Bennett v. Calhoun Loan & Building Ass'n |
9 Rich.Eq. 163, Court of Appeals of Equity of South Carolina (January 01, 1857) |
1857 |
Where mortgaged land is sold by the sheriff, under junior executions, the purchaser takes subject to the lien of the mortgage. Where, pending a bill to foreclose a mortgage of land, the land is sold by the sheriff under junior executions, the complainant is not bound to amend his bill so as to make the purchaser at sheriff's sale a party. If the... |
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Cases |
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| Bernard v. Scott |
12 La.Ann. 489, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the District Court of East Baton Rouge, Robertson, J. |
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Cases |
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| Berry v. Jourdan |
11 Rich. 67, Court of Appeals of Law of South Carolina (December 01, 1857) |
1857 |
What is sufficient proof of loss of an original deed in order that secondary evidence of its contents may be given. A witness may, it seems, be allowed to refresh his memory as to the contents of a paper, by reading that which purports to be a copy, though it was not made by himself, provided that after reading it, he can speak to the facts from... |
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Cases |
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| Billingslea v. Young |
4 George 95, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
1. HUSBAND AND WIFE: POWER OF WIFE TO EXECUTE A RECEIPT.A feme covert may execute a valid receipt for the payment of money, which belongs to her as her separate estate. 2. SAME: SEPARATE ESTATE OF WIFE.If a deed conveying to a married woman property as her separate estate, reserve a power of revocation in the donor upon the payment of... |
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Cases |
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| Biscoe v. Royston |
18 Ark. 508, Supreme Court of Arkansas (January 01, 1857) |
1857 |
After the execution of a deed of trust the grantor has no such interest in the trust property as is the subject of sale under execution at law. (Petit et al. v. Johnson et al., 15 Ark. 55; Cornish v. Smith et al. adr., 17 Id.) The purchaser of debts secured by a deed of trust, upon taking an assignment thereof, becomes subrogated to the rights of... |
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Cases |
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| Blackburn v. Morton |
18 Ark. 384, Supreme Court of Arkansas (January 01, 1857) |
1857 |
It is purely a matter of practice, whether depositions can be taken, in a case at law, before the issues are made up: and in the absence of any rule upon the subject, depositions are not rendered irregular by being taken before issue is joined in the cause to which they apply. Where the certificate of the clerk, attesting the official character of... |
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Cases |
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| Blair v. Reid |
20 Tex. 310, Supreme Court of Texas (January 01, 1857) |
1857 |
The debtor may plead a covenant not to sue, in suspension of the action; and he may doubtless plead in reconvention against the covenantor, damages accruing from the breach of the covenant. Assignees of a note, with notice of a covenant by the payee not to sue at maturity, are bound by such covenant in so far as it operates to suspend the right of... |
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Cases |
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| Blevins v. Alexander |
4 Sneed (TN) 583, Supreme Court of Tennessee (September 01, 1857) |
1857 |
This is an action of case, instituted in the circuit court of Hawkins county by the plaintiffs in error against the defendant. The summons issued on the 16th day of August, 1856. The following are the material allegations of the declaration, which constitute the grounds of the action: On the fourth Monday of May, 1856, one John Wilder filed his... |
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Cases |
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| Bogan v. Camp |
30 Ala. 276, Supreme Court of Alabama (January 01, 1857) |
1857 |
[BILL IN EQUITY FOR SPECIFIC EXECUTION OF CONTRACT.] APPEAL from the Chancery Court of Dallas. Heard before the Hon JAMES B. CLARK. |
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Cases |
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| Bolling's Ex'or v. Harrison |
Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1857) |
1857 |
The appellants, who are judgment creditors of George W. Harrison, filed their bill in the Circuit Superior Court of Law and Chancery of Nottoway county against George W. Harrison and others, the object of which was to set aside, as fraudulent, a deed of the 4th of September, 1841, from John Bland to William R. Bland, trustee, for the benefit of... |
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Cases |
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| Bompart v. Roderman |
24 Mo. 385, Supreme Court of Missouri (January 01, 1857) |
1857 |
This was a suit for partition instituted by Louis B. Bompart and Louis F. Bompart--sons of Louis and François Bompart--against Aurore, widow of said Louis Bompart, Emelie, widow of said François Bompart, the children and grand-children of said Louis and Francois, also against Marie Madeleine Delorier, Charles Roderman and Celeste Roderman, his... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |