TitleCitationYearSummaryMost RelevantTypeStatus
Cole v. Cole 5 Sneed (TN) 57, Supreme Court of Tennessee (December 01, 1857) 1857 This bill was filed on the 11th of October, 1857, in the chancery court of Lincoln county, to rescind a contract of marriage consummated between the parties on the 16th March, 1847, upon the ground of the insanity of the complainant at the time. The chancellor dismissed the bill upon the facts, and the case is here by appeal. At the time of the...   Cases  
Com. v. White 18 B.Mon. 492, Court of Appeals of Kentucky (December 08, 1857) 1857 According to the rules laid down in the Criminal Code, an indictment must contain a statement of the acts constituting the offense, with the particular circumstances of the offense charged, where they are necessary to constitute a complete offense. The object of these and all similar provisions is, that the defendant may be informed, with...   Cases  
Commercial & Agr. Bank v. Jones 18 Tex. 811, Supreme Court of Texas (January 01, 1857) 1857 Where an agent receives money for his principal, if he deposits it in the hands of bankers, it is his duty to deposit it either in the name of the principal, or in his own name as agent of his principal, opening a new account for that purpose, if he already have one in his own name. It is an admitted general rule, that an inferior agent is only...   Cases  
Commonwealth v. Commercial Bank of Pennsylvania 28 Pa. 391, Supreme Court of Pennsylvania (January 01, 1857) 1857 The Act of 3d May, 1850, relating to district attorneys, does not take away the authority of the attorney-general to institute proceedings by quo warranto, to forfeit the charters of corporations for a violation of their fundamental law. Where the charter of a bank declared that the rate of discount at which loans may be made shall not...   Cases  
Commonwealth v. Holder 9 Gray 7, Supreme Judicial Court of Massachusetts (September 01, 1857) 1857 A majority of the court are of opinion that this case must be considered as settled by the case of Commonwealth v. Uprichard, 3 Gray, 434, and the principles stated, and the precedents cited. Though to some extent these colonies before the Revolution were distinct governments, and might have different laws, it was not unreasonable, as they all...   Cases  
COMPENSATION OF LABORERS IN THE EXECUTIVE DEPARTMENTS. 9 U.S. Op. Atty. Gen. 117 (September 30, 1857) 1857     Administrative Decisions & Guidance  
Constantine v. Twelves 29 Ala. 607, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY BY MORTGAGEES TO ENJOIN PROCEEDINGS AT LAW BY ATTACHING AND EXECUTION CREDITORS OF MORTGAGORS.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK.   Cases  
Cook v. Walker 21 Ga. 370, Supreme Court of Georgia (January 01, 1857) 1857 Mrs. Cook took a fee under the deed of settlement. The gift or settlement over of the remainder is inconsistent with the estate in fee which she holds. There can be no such remainder. Cook vs. Walker et. al., 15 Ga. Rep., 459. That is, the deed of settlement as it stands. The bill alleges that the deed as written does not express the intention of...   Cases  
Cooper v. State 19 Tex. 449, Supreme Court of Texas (January 01, 1857) 1857 It cannot be denied that the affidavit for a continuance contains a substantial compliance with the statute, if the testimony which it discloses was material. In a case where the evidence was direct and positive, circumstances of the character of those mentioned might not be deemed relevant or material. Yet in a case like the present, depending...   Cases  
Coopwood v. Morgan 5 George 368, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 PROCESS: AMENDMENT: WHEN DEFENDANT ENTITLED TO NOTICE OF AMENDMENT OF SHERIFF'S RETURN.Where the return on an execution, shows that it is satisfied, an amendment which would have the effect of restoring the liability of the defendant, if made for the benefit of the sheriff, and without notice to the defendant, would be void.   Cases  
Coppage v. Barnett 5 George 621, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. FRAUD AND FRAUDULENT CONVEYANCE: WHEN SUBSEQUENT PURCHASER BOUND BY.-A conveyance, for a valuable consideration, made with the intent on the part of the grantor to hinder and defeat his creditors, of which the grantee had notice at the time of his purchase, is not void as to a subsequent purchaser from the grantor, with notice of the grantee's...   Cases  
Cornish v. Shelton 12 La.Ann. 415, Supreme Court of Louisiana (June 01, 1857) 1857 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Coussy v. Vivant 12 La.Ann. 44, Supreme Court of Louisiana (January 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Lea, J.   Cases  
Covington Drawbridge Co. v. Shepherd 61 U.S. 227, Supreme Court of the United States (December 01, 1857) 1857 THIS case was brought up, by writ of error, from the Circuit Court of the United States for the district of Indiana. Shepherd and the other defendants in error, styling themselves citizens of Ohio, brought an action of trespass on the case against the Covington Drawbridge, Company, citizens of the State of Indiana, for injuries sustained by a...   Cases  
Cowan v. Epes Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1857) 1857 Without deeming it necessary to enter into any detailed or elaborate discussion of the question arising on this appeal, I purpose to leave in the record a very brief summary of the grounds of my [*526]decision. If the solution of the question arising upon the construction of this will depended solely and exclusively upon the first disposing clause...   Cases  
Crawford v. Cato 22 Ga. 594, Supreme Court of Georgia (June 01, 1857) 1857 The seizure of property by force, and holding it until the owner executes promissory notes for its release, without the semblance of a consideration, is a species of duress, and a Court of Equity will relieve the maker by preventing their collection. In Equity in Webster Superior Court. This bill was filed by Butt L. Cato, against William Johnston,...   Cases  
Crockett v. Robinson 20 Tex. 487, Supreme Court of Texas (January 01, 1857) 1857 The ground on which the plaintiff's evidence was excluded evidently was, that his residence was outside of the lines of the section of land which he claimed as a colonist. It included his improvements, but not his residence; and the question is, whether, where the house and improvements were upon different sections, the claimant was confined to...   Cases  
Cronin v. Gay 20 Tex. 460, Supreme Court of Texas (January 01, 1857) 1857 The court did not err in dismissing the suit, either with or without a motion or demurrer by appellee: because neither the original nor amended petition contained a cause of action. The proceeding is anomalous. It does not adopt and pursue the remedy of garnishment, though it is somewhat analogous thereto. As an equitable proceeding to make...   Cases  
Crump v. Mitchell 5 George 449, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 BAILMENT: LOAN: WHEN STATUTE OF LIMITATIONS COMMENCES TO RUN AGAINST BAILOR.- A sale by the bailee of a chattel loaned, is an assertion of title adverse to the bailor, and from that time the Statute of Limitations will commence running against the bailor's claim. See Hall v. Dickey, 32 Miss. R. 208.   Cases  
Cummins v. Rice 19 Tex. 225, Supreme Court of Texas (January 01, 1857) 1857 The court charged the jury fully and fairly as to the law of the case; the case turned upon the weight of the evidence and the credibility of the witnesses. The matters are peculiarly within the province of the jury. They have found against the claimant, and there was no such preponderance of evidence in his favor as to require the verdict to be...   Cases  
Daniel v. Robinson 18 B.Mon. 301, Court of Appeals of Kentucky (October 02, 1857) 1857 On 25th day of December, 1854, Charles W. Daniel and Matilda A. Daniel, his wife, executed to Aaron Abbott their due bill of that date for $700. On the 8th day of January, 1855, Abbott assigned the due bill to Robinson by written assignment on the instrument. Robinson filed his petition in equity in the circuit court against Daniel and wife, the...   Cases  
Daret v. Gray 12 La.Ann. 394, Supreme Court of Louisiana (May 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Davidson College, Trustees of v. Chambers' Ex'rs 3 Jones Eq. 253, Supreme Court of North Carolina (June 01, 1857) 1857 Where an Act of Assembly, incorporating the trustees of a college, provided that their property should not, at any time, exceed a certain amount, in a suit brought for a legacy exceeding that amount, it was Held that only so much as was necessary to make their whole property amount to the limit specified in their charter, could be recovered, and...   Cases  
Davidson v. De Lallande 12 La.Ann. 826, Supreme Court of Louisiana (December 01, 1857) 1857 Appeal from the Sixth District Court of New Orleans, Cotton, J.   Cases  
Davis v. Hoopes 4 George 173, High Court of Errors and Appeals of Mississippi (April 01, 1857) 1857 1. CHANCERY: PLEADING.Where D. obtained an injunction, restraining all proceedings in execution of a judgment rendered against him as an individual and also as executor, it will be intended that he did so in both capacities. So, if a bill in equity should be afterwards filed against D. by the plaintiff on the judgment thus enjoined, seeking...   Cases  
Davis v. Hunter 23 Ga. 172, Supreme Court of Georgia (June 01, 1857) 1857 The proper interpretation of the deed made by old man Burks is, that the title or inheritance as he calls it, to the property conveyed by the instrument, was intended to be given to his grand children; and that they, together with their mother, his daughter, and her husband, should enjoy jointly, the usufruct during their mother's life. And a...   Cases  
Davis v. Oswalt 18 Ark. 414, Supreme Court of Arkansas (January 01, 1857) 1857 By the common law, a fieri facias had relation to its teste, though in fact issued subsequently; and bound the goods of the defendant from that date: consequently, if tested before the death of the defendant, it could be taken out afterwards, and executed against his goods and chattels regardless of his death. By our statute (Dig., ch. 67, sec....   Cases  
De Witt v. Monroe & Bro. 20 Tex. 289, Supreme Court of Texas (January 01, 1857) 1857 Where the plaintiff in execution moved to set aside the entry of satisfaction entered thereon, and there was no citation or notice in the record, and the entry of the judgment of the court, sustaining the motion, did not show that the defendant appeared, either in person or by attorney, but there was a statement of facts in the record, which was...   Cases  
Dearmond v. Courtney 12 La.Ann. 251, Supreme Court of Louisiana (April 01, 1857) 1857 Appeal from the District Court of East Feliciana, Ratliff, J.   Cases  
Denson v. Denson 4 George 560, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. PROBATE COURT: BILL OF REVIEW: WRIT OF ERROR.Error in the dismissal of a bill of review, as well as errors in the decree sought to be reviewed by the bill, may be examined by one and the same writ of error. 2. BILL OF REVIEW: PRACTICE: PROBATE COURT.A bill of review may be filed for errors apparent upon the face of the decree and...   Cases  
Devane v. Larkins 3 Jones Eq. 377, Supreme Court of North Carolina (December 01, 1857) 1857 The only question in the case is, whether the plaintiff's intestate, Porter R. Moore, took a vested or a contingent interest in the residue of the personal property bequeathed to him and others in that clause of his father's will. In support of the demurrer, the counsel for the defendants, contend that the share given to the testator's widow was...   Cases  
DIPLOMATIC PRIVILEGES. 9 U.S. Op. Atty. Gen. 7 (March 30, 1857) 1857     Administrative Decisions & Guidance  
Drane v. Beall 21 Ga. 21, Supreme Court of Georgia (January 01, 1857) 1857 Upon the following clauses in the will of Thomas E. Beall, to wit: Item Ninth: I reserve the tract of land situate, lying and being in the County of Columbia on the waters of Sweet Water Creek, adjoining lands belonging to the trustees of the Methodist Episcopal Camp Ground, it being the tract of land that I purchased from Morgan, and formerly...   Cases  
Duckworth's Ex'rs v. Butler 31 Ala. 164, Supreme Court of Alabama (June 01, 1857) 1857 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Dallas.   Cases  
Dugan v. Hollins 11 Md. 41, Court of Appeals of Maryland (June 01, 1857) 1857 Before considering this case on the merits, it is necessary to dispose of a preliminary question, involving the appellant's right to have the chancellor's order, of the 26th of January 1854, reviewed on his appeal. It appears that the complainant, in his bill, asserted four items of claim. The chancellor, in his opinion filed with the above...   Cases  
Dumesnil v. Dupont 18 B.Mon. 800, Court of Appeals of Kentucky (January 01, 1857) 1857 1. The jurisdiction of courts of equity to suppress nuisances has long been exercised, both in England and America, and can not now be doubted; but the case must be clearly made out to authorize the application of this extraordinary power. (2 Story's Eq., sec. 292, and authorities there cited; Earl of Ripon v. Hobart, 1 Cooper Sel. Cas.) 2. That a...   Cases  
Duncan v. McMahan 18 Tex. 597, Supreme Court of Texas (January 01, 1857) 1857 Where cotton is sold for a certain price, to be delivered in future, and the price is not paid in advance, and the seller hauls the cotton to market, and sells it to another person, the first purchaser is entitled to recover from the seller, at least the excess of the price which he received for the cotton above what the first purchaser was to pay...   Cases  
Dunnica v. Coy 24 Mo. 167, Supreme Court of Missouri (January 01, 1857) 1857 1. Where a party purchasing land causes the legal title to be placed in a third person with a view to defraud his creditors, there will be a resulting trust to himself for the benefit of such creditors, and this interest may be seized and sold on execution under a judgment against him in favor of one of those creditors; and the purchaser may then,...   Cases  
Dupree v. Dupree 4 Jones (NC) 387, Supreme Court of North Carolina (June 01, 1857) 1857 The purchase of a particular estate in land by a reversioner, is no evidence tending to show that a claim for damages, which the purchaser had, on account of waste theretofore committed, was settled in that purchase. It is no objection to an action on the case in the nature of waste, that the reversioner purchased the estate of the particular...   Cases  
Duval v. Malone 14 Gratt. 24, Supreme Court of Appeals of Virginia (May 18, 1857) 1857 1. A declaration on an indemnifying bond in the name of the administrator de bonis non of the high sheriff, sets out the bond as made to himself: and without craving oyer of the bond, the defendants demur. As there is enough in the declaration to enable the court to proceed to judgment according to law and the very right of the cause, the demurrer...   Cases  
Dwight v. Mason 12 La.Ann. 846, Supreme Court of Louisiana (August 01, 1857) 1857 Appeal from the District Court of St. Mary, A. Voorhies, J.   Cases  
Eaken v. Boyd 5 Sneed (TN) 204, Supreme Court of Tennessee (December 01, 1857) 1857 The plaintiffs moved for judgment in the court below, against Boyd, the sheriff of Coffee county, and his sureties, for an insufficient return of an execution. The motion was refused. It appears that an execution in favor of the plaintiffs, against J. D. Smith and four others, for $138.39, issued from the office of the circuit court of Coffee on...   Cases  
Eberlin v. City of Mobile 30 Ala. 548, Supreme Court of Alabama (June 01, 1857) 1857 [PROCEEDING FOR VIOLATION OF MUNICIPAL ORDINANCE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTY.   Cases  
Edelen v. Edelen 11 Md. 415, Court of Appeals of Maryland (December 01, 1857) 1857 Where objection is made to the passage of an administration account, and full proof demanded of all the credits therein claimed, before payment thereof, the fact that a claim has been passed by the orphans court, is no evidence of its correctness, but it must be supported by testimony substantially sufficient to establish the facts before a jury....   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Edwards v. Edwards 30 Ala. 394, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY FOR DIVORCE AND ALIMONY.] APPEAL from the Chancery Court of Jefferson. Heard before the Hon. JAMES B. CLARK.   Cases  
Edwards v. Glasson 12 La.Ann. 586, Supreme Court of Louisiana (July 01, 1857) 1857 Appeal from the District Court of Union, Richardson, J.   Cases  
Elam v. Rawson 21 Ga. 139, Supreme Court of Georgia (January 01, 1857) 1857 The principal and sureties in a promissory note were sued jointly, and judgment and fi. fa. went against them jointly. The sureties paid off the fi. fa. and the Sheriff made an entry to that effect on the fi. fa. Held, That the sureties had no right to return the fi. fa. and take out a ca. sa. and arrest the principal. Ca. sa. in Sumpter Superior...   Cases  
Ellis v. Kelso 18 B.Mon. 296, Court of Appeals of Kentucky (July 01, 1857) 1857 The facts of this case are stated in the opinion reported in 10 B. Mon. 36. The case was afterward again before this court, and a judgment which had been rendered for the appellant in the court below was reversed upon the ground that the replication to the plea of the statute of limitations was insufficient. The cause was remanded, and a third...   Cases  
Elzey v. Elzey 1 Houst. 308, Superior Court of Delaware (April 01, 1857) 1857 Imbecility of mind is not a sufficient ground of divorce, unless it amounts to idiocy or insanity. Nor will intoxication at the time of the marriage, accompanied with circumstances of fraud, combination, or circumvention on the part of the father and friends of the wife, to induce the petitioner to marry his daughter, give the Court jurisdiction to...   Cases  
Elzey v. Elzey 1 Houst. 308 (April 01, 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...   Trial Court Orders  
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