TitleCitationYearSummaryMost RelevantTypeStatus
Bost v. Bost 3 Jones Eq. 484, Supreme Court of North Carolina (December 01, 1857) 1857 We are satisfied, from a careful perusal of the will, that the widow takes, under it, the same estate in the land that she would be entitled to by her common law right of dower. The testator makes a partial allotment of his land, by directing that his son George shall have his portion laid off so as to include his improvements, and makes a similar...   Cases  
Bourgeat v. Dumoulin 12 La.Ann. 204, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of West Baton Rouge, Robertson, J. Tried by a Jury.   Cases  
Bow v. Allenstown 34 N.H. 351, Superior Court of Judicature of New Hampshire (January 01, 1857) 1857 Where no charter or act of incorporation of a place can be found, its incorporation as a town may be proved by reputation, or by long user of the corporate powers of a town, without objection, or by legislative grants, necessarily implying a town corporation. An act of incorporation, subsequently passed, does not raise any conclusive presumption...   Cases  
Bowman v. Long 23 Ga. 242, Supreme Court of Georgia (June 01, 1857) 1857 I give and bequeath to my grand-son William Henry Long, only surviving child of my late daughter, Lucy Long, the property that I gave to Lucy A. Long and her children in my will, should he live to be twenty-one years of age; but should my said grand-son die before he arrives at twenty-one years of age, the said property I give to my other lawful...   Cases  
Boyd v. Beck 29 Ala. 703, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY FOR FORECLOSURE OF MORTGAGE ON PERSONAL PROPERTY.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
Bozarth v. Bozarth's Ex'r 24 Mo. 320, Supreme Court of Missouri (January 01, 1857) 1857 This is a petition by a part of the legatees of Jonathan Bozarth, deceased, against the executor, the widow and a daughter of said Bozarth, for the purpose of requiring the executor to sell the land belonging to the estate of the testator, and divide the proceeds among the parties entitled, under the clause of the will directing this to be done....   Cases  
Bradley v. Bradley 24 Mo. 311, Supreme Court of Missouri (January 01, 1857) 1857 1. A will was executed in the following form: I, A. B., of, etc., do, etc., make this my last will and testament in manner and form following, to-wit: first, that all my just and lawful debts be paid; second, that my wife, C. D., be my sole heir to all my estate remaining on hand after the payment of my just debts, real and personal, to-wit:...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Brady v. Furlow, Price & Furlow 22 Ga. 613, Supreme Court of Georgia (June 01, 1857) 1857 By virtue of the agreement between Wright Brady and his brother, Wright Brady acquired the legal title to the fund in question, for the purpose of protecting himself against certain liabilities which he was under, for his brother. At the time when the motion was made to compel him to turn over the fund to the receiver, a part of these liabilities...   Cases  
Bragg v. French 5 Sneed (TN) 244, Supreme Court of Tennessee (December 01, 1857) 1857 Bragg was a creditor of French, who was insolvent, and files this bill to reach an interest in certain property, to which it is alleged he was entitled as the father of Ward and Sarah French, who died intestate, and in their minority, but after the death of their mother. The questions arise upon an ante-nuptial marriage contract made between W. M....   Cases  
Brander v. Bobo 12 La.Ann. 616, Supreme Court of Louisiana (July 01, 1857) 1857 Appeal from the District Court of Morehouse, Richardson, J.   Cases  
Bridges v. Maxwell 5 George 309, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. EXECUTOR AND ADMINISTRATOR: RIGHT TO SUE FOR REMOVAL OF PROPERTY BELONGS TO HEIRS ONLY.-The statute (Hutch. Dig. 665, ยง 93) which provides for an action on the bond of an executor or administrator, for a removal out of the State of property belonging to the testator or intestate, secures this remedy to the heirs only; it is not necessary or...   Cases  
Bridges v. Wilkins 3 Jones Eq. 342, Supreme Court of North Carolina (December 01, 1857) 1857 A bequest to the testator's six sisters and their issues, in one clause, to their children, in another, and to their progeny, in a third clause, while only one of the sisters was married and had issue at the date of the bequest, was Held to give an estate to each of the sisters for her life, with a remainder to her children, applying as well to...   Cases  
Broach v. King 23 Ga. 500, Supreme Court of Georgia (November 01, 1857) 1857 Application for a new trial is made in this case, upon the ground alone, that the damages are excessive. We are fully aware that motions for new trials in slander cases, on account of the size of the verdict, are greatly discountenanced. Indeed, Courts have gone almost the length of surrendering such actions to the despotic power of the jury, and...   Cases  
Brock v. State 23 Ga. 371, Supreme Court of Georgia (August 01, 1857) 1857 The question is, whether the sentences in those two consolidated cases, were right. The exceptions to the sentences, were couched in general terms, and were placed on no particular ground or grounds. They were in these words-To which judgment and sentence, Counsel for the defendant excepted. But a ground was taken in the bills of exceptions, why...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Brooks v. Smith 21 Ga. 261, Supreme Court of Georgia (January 01, 1857) 1857 Where the testimony seems to be equally balanced, a single witness deposing on each side, the Court will not grant a new trial, because the verdict is contrary to evidence. It is for the jury alone to decide upon the credibility of the witnesses. Action on a promissory note, from Marion Superior Court. This action was brought by John S. Brooks,...   Cases  
Brown v. Boulden 18 Tex. 431, Supreme Court of Texas (January 01, 1857) 1857 It, not unfrequently, is a question of considerable nicety and difficulty to determine in which of two places a man's domicile really is. The statute also uses the word inhabitant. An inhabitant and resident mean the same thing. Burrill, L. D. tit. INHABITANT; Hart. Dig. art. 667. And the word domicile is evidently used in the statute in the...   Cases  
Brown v. Burke 22 Ga. 574, Supreme Court of Georgia (June 01, 1857) 1857 The action at law and the bill in chancery to enjoin that action, and to set aside the title on which the plaintiff relied in his action at law, were submitted to the jury together by consent. This consent amounted to a dissolution of this injunction, and the jury returned a verdict in favor of the plaintiff in the action at law for the premises in...   Cases  
Brown v. Ector 19 Tex. 346, Supreme Court of Texas (January 01, 1857) 1857 In orer to charge the separate property of the wife, under the statute, it is necessary for the plaintiff to bring his case, by allegation and proof, clearly within the terms of the statute. Hart. Dig. art. 2423. It is not sufficient to allege and prove the insolvency of the husband, and that the debt was for necessaries for the family. In order to...   Cases  
Brown v. Freeland 5 George 181, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. CONFLICT OF LAWS: LEX LOCI GOVERNS AS TO VALIDITY OF CONTRACT.-A contract, as to its nature, construction, and validity, is governed by the law of the place where it is entered into. 2. SAME: LEX SOLUTIONIS GOVERNS, WHEN: PRESUMPTION ON THIS SUBJECT.-Where a contract is made in one country, to be performed in another, the law presumes, in the...   Cases  
Brown v. Goolsby 5 George 437, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. STATUTE OF LIMITATIONS: A PARTY MADE A DEFENDANT BY AN AMENDED BILL PROTECTED BY THE STATUTE, IF TIME ELAPSED BEFORE FILING AMENDMENT.-The date of the commencement of a suit in chancery, as to a defendant who is made a party by an amendment to the original bill, is the time of the filing of the amended bill, and he will be protected by the...   Cases  
Brown v. Kidd 5 George 291, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. EXECUTION: LEVY ON PERSONAL ESTATE PRIMA FACIE A SATISFACTION.It is well settled that a levy on personal property is prima facie a satisfaction of the execution to the extent of the value of the property levied upon, and a discharge pro tanto of the judgment debtor. 2. SAME: SAME: SURETY BOUND TO TAKE NOTICE OF PRESUMPTIVE...   Cases  
Bullock v. Ferguson 30 Ala. 227, Supreme Court of Alabama (January 01, 1857) 1857 [DEBT ON INJUNCTION BOND.] APPEAL from the Circuit Court of Barbour. Tried before the Hon. C. W. RAPIER.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Bunn v. Bunn 22 Ga. 472, Supreme Court of Georgia (June 01, 1857) 1857 Was the instrument made by Civility Bunn, a will, or a deed? The Court below held that it was a will. We think it was a deed. If it differs in any essential respect from the instrument in the case of Watson vs. Watson, decided at this Term, the difference does not make in favor of its being a will. It is true that in that instrument, the last...   Cases  
Burch v. Burch 23 Ga. 536, Supreme Court of Georgia (November 01, 1857) 1857 The Court not being unanimous, delivered their opinions seriatim. This is the fourth time that the will before us has been presented to this Court, for the determination of some matter connected with it. Change of circumstances since it was made, as well as facts unknown to the testator at the time it was written, have given rise to much doubt in...   Cases  
Burnley v. Rice 18 Tex. 481, Supreme Court of Texas (January 01, 1857) 1857 It sufficiently appears from the evidence, that Love (by whom the debt sued for was contracted) and the plaintiff in error, Burnley, were joint owners and partners in the proprietorship and carrying on of the plantation. He contracted the indebtedness in question on account of, and to carry on the business of the co-partnership; and pledged the...   Cases  
Bustamento v. Analla 1 N.M. 255, Supreme Court of the Territory of New Mexico (January 01, 1857) 1857 {1} Juana Analla sued out a writ of habeas corpus against Marcellina Bustamento, before Chief Justice Deavenport, and district judge of the first judicial district. Petitioner for the writ alleged that she was the mother and natural guardian of Catalina Bustamento, a minor, under the age of twenty-one years; that as such mother and guardian she was...   Cases  
Cabiness v. Crawford 21 Ga. 312, Supreme Court of Georgia (January 01, 1857) 1857 In Equity, in Bibb Superior Court. Marshalling Securities, and Injunction. This bill was filed by James R. Crawford and Martha J. his wife, formerly Martha J. Bell, against Allen Sutton, the security of James Bell, deceased, the late guardian of said Martha, and others, creditors of said Allen Sutton. The bill alleges that Mrs. Crawford was...   Cases  
Cain v. State 18 Tex. 387, Supreme Court of Texas (January 01, 1857) 1857 However little apparent reason there may be for still adhering to the technical language of the common law in framing indictments, or applying its strict rules of construction to criminal proceedings, the courts have not felt at liberty to depart from or disregard them, without legislative sanction. The word feloniously is essential to all...   Cases  
Cain v. State 20 Tex. 355, Supreme Court of Texas (January 01, 1857) 1857 In the construction of acts of the same session, the rule is that the whole must be taken as one act; and to make a latter provision repeal a former, there must be an express repeal, or an irreconcilable repugnancy between them; and then the latter will control. 5 Tex. 418; 7 Tex. 76; 8 Tex. 62; 17 Tex. 596; 26 Tex. 178; 27 Tex. 68. The codes were...   Cases  
Cain v. State 18 Tex. 391, Supreme Court of Texas (January 01, 1857) 1857 Where an indictment, after the words state of Texas, county of Fayette, and the usual commencement, charged that James Cain, late of Travis county aforsesaid, yeoman, with force of arms, in the county aforesaid, on, etc., did then and there feloniously steal, take and carry away, etc., it was held that a motion in arrest...   Cases  
Caldwell v. Sawyer 30 Ala. 283, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY TO SUBJECT SEPARATE ESTATE OF MARRIED WOMAN.] APPEAL from the Chancery Court of Shelby. Heard before the Hon. JAMES B. CLARK.   Cases  
Candler v. Hammond 23 Ga. 493, Supreme Court of Georgia (November 01, 1857) 1857 [1.] In some special cases, a motion for a new trial may be made after a motion in arrest of judgment. [2.] In extraordinary cases, where the ends of justice require it, and the cause is still within the control of ihe Court, a rule nisi may be moved after the expiration of the Term at which the trial was had. [3.] If a brief of evidence on a...   Cases  
Carlisle v. Tuttle 30 Ala. 613, Supreme Court of Alabama (June 01, 1857) 1857 [PROCEEDING BEFORE PROBATE COURT FOR REMOVAL OF WARD'S PROPERTY TO ANOTHER STATE.] APPEAL from the Probate Court of Perry.   Cases  
Carmichael v. Buck 10 Rich. 332, Court of Appeals of Law of South Carolina (January 01, 1857) 1857 C. employed H. to take a raft of timber down the Pee Dee river, and deliver it in Georgetown to his factor. H. before reaching Georgetown, represented himself to be the owner, and sold the timber to B.; and this was an action of trover by C. against B. for the conversion:Held, that if B. could show that he purchased in entire good faith...   Cases  
Carmouche v. Carmouche 12 La.Ann. 721, Supreme Court of Louisiana (August 01, 1857) 1857 Appeal from the District Court of Avoyelles, Ogden, J.   Cases  
Carradine v. Carradine 4 George 698, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. GRANT: RESTRICTIONS INCONSISTENT WITH THE ESTATE GRANTED ARE VOID.-If the import of the previous provisions in a deed be such as to vest an absolute estate in fee, in the first taker, subsequent restrictions inconsistent with such an estate are void. See 1 Prest. on Est. 365, 366; 2 Blackstone's R. 698; Fearne on Rem. 174. 2. SHELLEY'S CASE:...   Cases  
Carroll v. Roberts 23 Ga. 492, Supreme Court of Georgia (November 01, 1857) 1857 The only question in this case is, whether it is error in the Court to charge the jury, that certain portions of the testimony which have been submitted during the trial is, competent evidence? The complaint is, that the jury may have misunderstood the Judge; and have supposed that he meant, that the proof referred to, was sufficient to control the...   Cases  
Carter v. King 11 Rich. 125, Court of Appeals of Law of South Carolina (November 01, 1857) 1857 An instrument under seal, in form a single bill, given and delivered by a grand-father to the husband of his grand-daughter, and intended as an advancement, payable one day after date, but with right of collection postponed until donor's death:Held, valid between the parties, and binding as an irrevocable contract upon the executors of the...   Cases  
Case v. City of Mobile 30 Ala. 538, Supreme Court of Alabama (January 01, 1857) 1857 [PROCEEDING FOR VIOLATION OF MUNICIPAL ORDINANCE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY.   Cases  
Chaffin v. Lawrance 5 Jones (NC) 179, Supreme Court of North Carolina (December 01, 1857) 1857 The facts of the case, as they appear in the plaintiff's bill of exceptions, did not justify the instruction which his counsel called upon the Court to give. There was very slight, if any, evidence that the mare came to her death by slipping, supposing that the lot where the transaction took place was a little sidling and very slippery, and that...   Cases  
Chaires v. Shepard 7 Fla. 77, Supreme Court of Florida (January 01, 1857) 1857 John S. Shepard having died in the year 1853, his widow, heirs and distributees finding that the will made by him was incomplete and insufficient to accomplish its objects, owing to the want of the number of witnesses required by our statute, entered into an agreement on the 29th day of June, 1853, for the allotment of dower to Mrs. Shepard, for...   Cases  
Charlotte v. Chouteau 25 Mo. 465, Supreme Court of Missouri (October 01, 1857) 1857 1. Judicial notice will not be taken of the laws of a foreign country. 2. If the foreign law is unwritten, it may be proved by parol; it will not be presumed to be in writing. 3. Foreign written laws must be proved by the laws themselves, properly authenticated. 4. It is the province of the court to instruct the judges as to the meaning and effect...   Cases  
Chevalier v. Whatley 12 La.Ann. 651, Supreme Court of Louisiana (July 01, 1857) 1857 Appeal from the District Court of Catahoula, Barry, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
CHICKASAW CONSTITUTION. 8 U.S. Op. Atty. Gen. 300 (January 07, 1857) 1857     Administrative Decisions & Guidance  
Choate v. Redding 18 Tex. 579, Supreme Court of Texas (January 01, 1857) 1857 A rifle gun is not exempt from forced sale under the statute of 1839, unless, perhaps, it appear that the owner is a hunter or frontiersman. Where the defendant in execution objects to a levy, on the ground that while he was absent from home, the sheriff came and levied upon a favorite piece of property (personal property), without calling upon...   Cases  
City of New Orleans v. McArthur's Estate 12 La.Ann. 47, Supreme Court of Louisiana (January 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Clark v. Norwood 12 La.Ann. 598, Supreme Court of Louisiana (July 01, 1857) 1857 Appeal from the District Court of Ouachita, Richardson, J.   Cases  
Clayton v. Glover 3 Jones Eq. 371, Supreme Court of North Carolina (December 01, 1857) 1857 Had his Honor, after hearing the report of the clerk and master, and the affidavits produced by the purchaser, refused to set aside the sale, upon the ground that the purchaser had shown no sufficient cause for relief, there might have been a question, whether upon an appeal, we could review his decision; but he declined to grant relief upon...   Cases  
Clements v. Glass 23 Ga. 395, Supreme Court of Georgia (August 01, 1857) 1857 [1.] G., by his will, gave certain property to his wife, during her natural life, or widowhood; in the event of her marrying again, the property was to be equally divided between her and the children of the testator; should she marry a future husband and leave no child or heir by him, at her decease, the share allotted to her upon the second...   Cases  
Cocke v. Rucks 5 George 105, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. GUARDIAN AND WARD: LEGAL TITLE TO NOTE BELONGING TO WARD IS IN THE GUARDIAN.-A trustee is clothed with the legal title whenever it is necessary to enable him to execute a trust created by law; and hence, it being the duty of a guardian to collect all debts due to his ward, he may maintain an action in his own name to enforce the collection of a...   Cases  
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