| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Grier v. Ward |
23 Ga. 145, Supreme Court of Georgia (June 01, 1857) |
1857 |
[1.] If a person put his goods on another's land without the other's consent, the other has the right to remove them; but he must exercise the right so, as not to injure them unnecessarily. [2.] If in such case, the owner of the goods gets them again, the amount of his damages, cannot exceed the actual injury to the goods, and the expense of so... |
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Cases |
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| Griffin v. Justices of Inferior Court |
22 Ga. 590, Supreme Court of Georgia (June 01, 1857) |
1857 |
Is there equity in the bill? The creditor is unable to collect his debt at law, finding no assets of John Sikes on which to levy. Against whom should he go in equity? It is argued, that having obtained an absolute judgment against Griffin, as administrator, it is conclusive that he had assets with which to discharge this demand; and that if these... |
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Cases |
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| Guillotte v. City of New Orleans |
12 La.Ann. 432, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Hall v. Faust |
9 Rich.Eq. 294, Court of Appeals of Equity of South Carolina (May 01, 1857) |
1857 |
Bill by creditors of a married woman to subject her separate estate to their demands. The husband of defendant had deserted her for more than fifteen years, and was residing in another State. The defendant herself had also recently removed to Georgia, and had there obtained a divorce. Bill sustained but the recovery restricted to demands for... |
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Cases |
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| Hall v. Faust |
9 Rich.Eq. 376, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
Where the separate estate of a married woman living apart from her husband, was declared liable for necessaries furnished her, a sum exceeding the income was allowed to the creditors. The married woman during the lifetime of her father, lived with and was maintained by him, she then having no separate estate. Her separate estate afterwards acquired... |
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Cases |
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| Hall v. Robinson |
3 Jones Eq. 348, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Where a fee is limited upon a fee by way of executory devise, or bequest, if a general right to dispose of the property is given to the taker of the first fee, such right is inconsistent with the existence of the second fee, and the consequence is that the limitation over of the second fee is inoperative and void. See Newland v. Newland, 1 Jones'... |
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Cases |
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| Hamblen v. Hamblen |
4 George 455, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. SHERIFF'S SALE: LEVY ON LAND.A previous levy is essential to the validity of a sale of land by the sheriff or marshal, under an execution. 2. SAME: ENTRY OF LEVY ON LAND.The law directs that the sheriff or marshal should enter upon the execution, a levy made by him on land; but such entry is merely evidence of a levy, an act... |
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Cases |
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| Hammond v. Candler |
22 Ga. 281, Supreme Court of Georgia (May 01, 1857) |
1857 |
The record in this case, presents no intrinsic defect, which would of itself, render the judgment of the Court erroneous or reversible. It does not appear, but that the oath administered to the jury, was the oath prescribed by law, They were sworn, and the presumption of law is, that they were sworn legally. Tidd's Prac. 918; 1. Sellon's Pr. 498.... |
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Cases |
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| Hammond v. Whitehead |
4 George 213, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
PLEADING: PROMISSORY NOTE SIGNED IN BLANK: HOW AVOIDED AS TO EXCESS OF AMOUNT IMPROPERLY INSERTED.The maker of a promissory note, who signed the same in blank, but restricting his agent, to whom it was delivered, as to the amount to be inserted in it, may prove under the general issue, a violation of his instructions by the agent, and notice... |
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Cases |
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| Harbour v. Scott |
12 La.Ann. 152, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the Ninth Judicial District Court for the parish of Pointe Coupée, Cooley, J. |
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Cases |
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| Harper v. Commissioners of Town of Elberton |
23 Ga. 566, Supreme Court of Georgia (November 01, 1857) |
1857 |
[1.] The part of the Constitution which says, that trial by jury as heretofore used in this State, shall remain inviolate, does not apply to the case of a tax payer, who refuses, or fails to pay his tax. [2.] A tax ordinance of the town of Elberton, declared, that the property on which the tax was to be assessed, was to be the... |
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Cases |
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| Harrell v. Harrell |
12 La.Ann. 549, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the District Court of East Feliciana, Ratliff, J. |
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Cases |
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| Harriet v. Swan & Dixon |
18 Ark. 495, Supreme Court of Arkansas (January 01, 1857) |
1857 |
Where the law prescribes a certain form and manner for manumission, no other manner or mode can be adopted or pursued by which it can be lawfully effected; and so a deed of emancipation in this State is inoperative unless it be proved or acknowledged in court as prescribed by the statute. The possession by an administrator of the estate of the... |
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Cases |
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| Harris v. Miller |
30 Ala. 221, Supreme Court of Alabama (January 01, 1857) |
1857 |
[BILL IN EQUITY FOR REFORMATION OF BILL OF SALE INTO MORTGAGE, AND REDEMPTION.] APPEAL from the Chancery Court of Talladega. Heard before the Hon. JOHN FOSTER. |
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Cases |
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| Harrison v. Bowe |
3 Jones (NC) 478, Supreme Court of North Carolina (December 01, 1857) |
1857 |
The claim of the plaintiffs for maintenance since their brother came of age, cannot be sustained consistently with any fair construction of the will of the defendant Bowe's testator. The primary object which the testator had in view was to provide for his own mother and the mother of his illegitimate children. He accordingly charges, first, the... |
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Cases |
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| Harrison v. U.S. |
, United States Court of Claims (December 15, 1857) |
1857 |
Judge Gilchrist's opinion. This case comes before us by virtue of a resolution of the Senate, referring to this court the memorial of the claimant with the papers on the files of the Senate relating thereto. The question is the same as that heretofore presented in the case of Letitia Humphreys, and decided by this court. The opinions heretofore... |
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Cases |
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| Haskins v. Everett |
4 Sneed (TN) 531, Supreme Court of Tennessee (September 01, 1857) |
1857 |
The plaintiffs were partners. Browden recovered a judgment against Haskins for his individual debt, and placed an execution upon the same in the hands of the defendant, a constable, which was levied upon the property now sued for in this action of replevin by the firm. The property seized belonged to the firm, and the question raised is whether the... |
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Cases |
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| Hatto v. Brooks |
4 George 575, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. CIRCUIT COURT: SPECIAL TERM.-No disposition can be made of a civil cause at a special term of a Circuit Court, which would have been irregular and improper if made at the preceding regular term; and hence, where the declaration in an action of replevin was not filed at the regular term, it will be improper to take judgment by default at the... |
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Cases |
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| Haws to Use of Thompson v. Cragie |
4 Jones (NC) 394, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The question involved in this case is, whether the common law presumption of payment, which is assumed to prevail in Virginia, where the bond was executed, or that of this State, in which the action has been brought, shall form the rule of decision. In other words, it is a question between the lex loci contractus and the lex fori; and, in our... |
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Cases |
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| Hayden's Adm'r v. Stinson |
24 Mo. 182, Supreme Court of Missouri (January 01, 1857) |
1857 |
James Stinson executed the following deed of gift to his daughter, Mary White: Know all men by these presents that I, James Stinson, of Cooper County and State of Missouri, for and in consideration of the natural love and affection which I have and bear to my beloved daughter, Mary White, of Benton county and state aforesaid, and for and towards... |
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Cases |
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| Haynie v. Baylor |
18 Tex. 498, Supreme Court of Texas (January 01, 1857) |
1857 |
If one is accustomed to undertake, for hire, to transport the goods of those who choose to employ him, though it be not his constant or usual, but only an occasional occupation, he is a common carrier within the rule laid down in Chevaillier v. Strahan, 2 Tex. 115; at least, whenever he holds himself out in any way to the public as a carrier, or... |
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Cases |
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| Heard v. Garrett |
5 George 152, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. CONTRACT: CONSTRUCTION OF: WHEN A CLAUSE IS REPUGNANT.If a clause in a written agreement be obviously repugnant to the remaining provisions, such a construction of the whole must be adopted, as is most consonant with the general spirit and objects of the instrument, to be collected from all its parts; and if such clause be doubtful, it... |
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Cases |
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| Hemphill v. Hemphill |
5 George 68, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. CIRCUIT COURT: JURISDICTION OVER THE PERSON CAN ONLY BE ACQUIRED BY SERVICE OF PROCESS, BY PLEA, OR CONFESSION IN OPEN COURT.-The Circuit Court has no jurisdiction over the person of the defendant unless he be served with legal process, or enter his appearance by plea, or unless he appear in open court in proper person, and consent that judgment... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Henderson v. Renfro |
31 Ala. 101, Supreme Court of Alabama (June 01, 1857) |
1857 |
[FINAL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS.] APPEAL from the Probate Court of Talladega. |
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Cases |
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| Henderson v. Touchstone |
22 Ga. 1, Supreme Court of Georgia (March 01, 1857) |
1857 |
The demurrer admits the truth of the statements in the bill, and the defendant, so far, rests his rights on the complainant's own account of his case. Upon the bill alone, therefore, we put the decision of the case. The complainant owed the defendant a sum of money, and when he came to settle, he paid all but eight hundred dollars, and the... |
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Cases |
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| Hickman v. Flenniken |
12 La.Ann. 268, Supreme Court of Louisiana (April 01, 1857) |
1857 |
Appeal from the District Court of East Feliciana, Ratliff, J. |
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Cases |
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| Higgins v. Johnson's Heirs |
20 Tex. 389, Supreme Court of Texas (January 01, 1857) |
1857 |
Where land is purchased with the funds of the community, and the deed is taken in the name of the wife, the presumption is that the land remains community property; but such presumption may be rebutted by proof that the husband declared at the time, that his intention in taking the deed in his wife's name was to make the land her separate property.... |
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Cases |
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| Hill v. Hardy |
5 George 289, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
PROBATE COURT: JURISDICTION.-The Court of Probates has no jurisdiction to entertain a petition against the administrator and a distributee, to enforce an alleged assignment by such distributee, of his interest in the estate, to the petitioner. |
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Cases |
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| Hillebrant v. Ashworth |
18 Tex. 307, Supreme Court of Texas (January 01, 1857) |
1857 |
Whatever adversity of opinions and decisions there may have been in other courts, upon the question whether a party to negotiable paper shall be permitted to give testimony to invalidate it, since the decision of the case of Parsons v. Phipps (4 Tex. 341) it has not been considered an open question in this court. In that case the question underwent... |
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Cases |
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| Hobbs v. Riddick |
5 Jones (NC) 80, Supreme Court of North Carolina (December 01, 1857) |
1857 |
In a suit upon a contract to employ an overseer for a year, at stipulated wages, it appearing that the employee had staid the year out, the employer cannot give in evidence, that the overseer was lazy and trifling and made a poor crop. ACTION of ASSUMPSIT, tried before CALDWELL, J., at the Fall Term, 1857, of Hertford Superior Court. It appeared on... |
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Cases |
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| Hoggatt v. Gibbs |
12 La.Ann. 770, Supreme Court of Louisiana (November 01, 1857) |
1857 |
Appeal from the District Court of Madison, Farrar, J. |
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Cases |
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| Holland v. Miller |
12 La.Ann. 624, Supreme Court of Louisiana (July 01, 1857) |
1857 |
Appeal from the District Court of Morehouse. Richardson, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hollomon v. Hollomon |
12 La.Ann. 607, Supreme Court of Louisiana (July 01, 1857) |
1857 |
Appeal from the District Court of Bienville, Egan, J. |
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Cases |
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| Holman v. Murdock |
5 George 275, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. HIGH COURT: BILLS OF EXCEPTION: EXCEPTIONS TO THE INTRODUCTION OF EVIDENCE MAY BE TAKEN IN A BILL OF EXCEPTIONS TAKEN ON A MOTION FOR A NEW TRIAL.If the bill of exceptions taken to the decision of the Circuit Court on a motion for a new trial, recite that exceptions were taken, at the time, to the rulings of the court upon the admission... |
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Cases |
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| Holt v. Holt |
23 Ga. 5, Supreme Court of Georgia (June 01, 1857) |
1857 |
Does the mode for the foreclosure of mortgages on personal property, authorized by the eighteenth section of the Judiciary Act of 1799, apply to cases in which the paper containing the evidence of the mortgage has been lost, or destroyed? The words of that section, giving the mode, are as follows: Any person or persons holding a mortgage on... |
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Cases |
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| Homesley v. Hogue |
4 Jones (NC) 481, Supreme Court of North Carolina (August 01, 1857) |
1857 |
Only such estate as a debtor has, passes by virtue of an execution sale. The owner of an ultimate estate in chattels, cannot maintain an action against a sheriff, who has an execution against the owner of a particular interest, for selling it, although he professes to sell the entire property in such chattels. This was an action of TROVER, with a... |
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Cases |
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| Hooper v. Moore |
5 Jones (NC) 130, Supreme Court of North Carolina (December 01, 1857) |
1857 |
What is the law of another State, or of a foreign country, is as much a question of law, as what is the law of our own State. There is this difference, however: the court is presumed to know judicially the public laws of our State, while in respect to private laws, and the laws of other States and foreign countries, this knowledge is not... |
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Cases |
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| Horsey v. Horsey's Ex'rs |
1 Houst. 438, Superior Court of Delaware (October 01, 1857) |
1857 |
The testator by his will, after his just debts and funeral expenses were paid, and his wife's thirds were taken out, bequeathed and devised certain portions of his real estate and certain pecuniary and specific legacies, and also the residue of his real and personal estate, to his two children. Held, that the wife was entitled to one-third of the... |
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Cases |
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| Horsey v. Horsey's Ex'rs |
1 Houst. 438 (October 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... |
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Trial Court Orders |
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| Howard v. Carpenter |
11 Md. 259, Court of Appeals of Maryland (December 01, 1857) |
1857 |
An agreement between A and B, in which the former agrees to give the latter a lease, for ninety-nine years, of certain land for a stipulated rent, as soon as he shall comply with certain conditions manifestly prepared and intended to be executed by both, but signed by A alone, with the day of the month left blank, and never signed or attempted to... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Howell v. Crane |
12 La.Ann. 126, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the District Court of the parish of St. James, Ratliff, Judge of the Seventh District, presiding. |
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Cases |
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| Howell v. Johnston |
4 Jones (NC) 502, Supreme Court of North Carolina (August 01, 1857) |
1857 |
Several interesting questions are presented by this case. First: Can an executor give a qualified assent to a legacy? Secondly: Where there are several legatees, who are interested in a joint fund, can the executor give a conditional assent to the legacy to one, and refuse it to another? A bequest, properly made in a will, vests in the legatee upon... |
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Cases |
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| Howze v. Howze |
19 Tex. 553, Supreme Court of Texas (January 01, 1857) |
1857 |
The only question necessary to be noticed in this case is as to the construction given by the court below to the words of the will under which appellee claims the wagon and oxen in dispute. By the charge of the judge, it was held that under the words all of my stock, of different kinds, a wagon as well as a yoke of oxen would pass to the legatee.... |
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Cases |
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| Huff v. McDonald |
22 Ga. 131, Supreme Court of Georgia (March 01, 1857) |
1857 |
(1.) If one tenant in common, receive more than his just share, he is liable to account to his co-tenant for such surplus, and for all the profits which he makes out of such surplus; and if there is proof that he used such surplus, and no proof as to whether he made any profit out of it or not, the presumption is, that he made profits out of it,... |
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Cases |
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| Huger v. Huger |
9 Rich.Eq. 217, Court of Appeals of Equity of South Carolina (January 01, 1857) |
1857 |
Executors having a general power to sell, are not restricted to any particular mode of selling. They may sell either at public or private sale, and without advertising. Executors may purchase, at their own sale, either real or personal estate; and the giving of a bond to the Ordinary, as directed by the Act of 1839, is not essential to the validity... |
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Cases |
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| Hunt v. Knox |
5 George 655, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. PRINCIPAL AND SURETY: CONTRACT OF FORBEARANCE.-In order to discharge the surety on account of an agreement for forbearance of suit, there must be a new contract between the creditor and the principal, founded on a new and distinct consideration, extending the time of payment without the consent of the surety; whereby the creditor is bound in law... |
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Cases |
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| Hutchinson v. Owen |
20 Tex. 287, Supreme Court of Texas (January 01, 1857) |
1857 |
The motion cannot be granted. If the appellants had filed their assignments of error in due time, upon finding that the appellee had prematurely taken out the transcript, they might have obtained another transcript of the record with their assignments of error annexed thereto, and filed the same in this court. The motion being disposed of, we are... |
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Cases |
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| In re Ramsden |
13 How. Pr. 429, Superior Court of New York (January 01, 1857) |
1857 |
The power conferred by the constitution of the United States upon congress to establish a rule of naturalization, is of that class which leaves authority in the states, until congress exercises the delegated right. And when so exercised, the act of congress becomes necessarily exclusive over the whole subject--that is, a power exclusively to... |
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Cases |
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| In re Ramsden |
13 How. Pr. 429 (January 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... |
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Trial Court Orders |
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| IRREGULAR APPLICATION FOR ADVICE. |
9 U.S. Op. Atty. Gen. 95 (September 24, 1857) |
1857 |
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Administrative Decisions & Guidance |
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