TitleCitationYearSummaryMost RelevantTypeStatus
Irwin v. Wilson 3 Jones Eq. 210, Supreme Court of North Carolina (June 01, 1857) 1857 Under the deed of trust to Osborne, (1838,) the two notes to Irwin and Elms, assigned to Irwin, had priority over the debt due to the State Bank, with Blake and Caldwell as sureties. But no funds came to the hands of Osborne, being anticipated by the decree which directs payment of the debt due the State Bank, to be made by Wilson, the...   Cases  
Ivey v. State 23 Ga. 576, Supreme Court of Georgia (November 01, 1857) 1857 [1.] The Court below committed no error in admitting as evidence to the jury, the record of the presentment of the grand jury, on which the Solicitor General made out the bill of indictment. The mere entry on the record of the word indictment, did not change it from what we usually understand a presentment to be. It did not have the name of a...   Cases  
Jackson v. Tift 23 Ga. 46, Supreme Court of Georgia (June 01, 1857) 1857 It is no error in the Circuit Court to require the judgment of this Court to be executed according to its true intent and meaning, provided the same has been correctly interpreted. Rule to distribute money. In Dougherty. [For the facts of this case, see 15 Ga. Rep. p. 557.] Upon the former hearing of this case by the Supreme Court, the judgment of...   Cases  
Jaremillo v. Romero 1 N.M. 190, Supreme Court of the Territory of New Mexico (January 01, 1857) 1857 {1} This is an appeal from a justice of the peace to the district court in the first district, and from thence to this court. It has become our duty for the first time in this tribunal to examine and construe the laws of this territory, declaring the rights and defining the relations of masters and servants. Like all questions arising out of a...   Cases  
John Crouch & Co. v. Culbreath 11 Rich. 9, Court of Appeals of Law of South Carolina (November 01, 1857) 1857 In questions of unsoundness where the disease is chronic, like rheumatism, it is not necessary to show that the symptoms existed at the time of the sale, for subsequent incidents and appearances may show that the disease existed before the sale, although the symptoms had not then been observed. The point ruled in Stephens vs Chappell, 3 Strob. 80,...   Cases  
Johns v. Johns 23 Ga. 31, Supreme Court of Georgia (June 01, 1857) 1857 [1.] Executors are trustees, and are amenable to a Court of Chancery, for the faithful discharge of their trust. Chancery has a concurrent jurisdiction with the Ordinary in holding them to security or removing them. [2.] Receivers ought generally to be required to give security, but there are cases which might form an exception. [3.] Receivers may...   Cases  
Johnson & Sloan v. Clarke 22 Ga. 541, Supreme Court of Georgia (June 01, 1857) 1857 (1.) If evidence be taken by commission, the case in which it is taken need not be stated in the caption to the answers, if it be stated in the heading of the interrogatories, and is set forth in the commission, and all attached together are enveloped and sent by mail. 2.) If a contract is to be construed otherwise than literally expressed, there...   Cases  
Johnson v. Bloodworth 12 La.Ann. 699, Supreme Court of Louisiana (August 01, 1857) 1857 Appeal from the District Court of Natchitoches, Chaplin, J.   Cases  
Johnson v. Johnson 3 Jones Eq. 437, Supreme Court of North Carolina (December 01, 1857) 1857 We think that the obvious construction of the will of James Johnson, is that upon the return of his son Hezekiah from Texas within the time specified, he was to have an equal share, with the children named, in what the testator calls the balance of his estate. That balance included as well what was given to the children after the death of the...   Cases  
Johnson v. Miller 4 George 553, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. WILL: CONSTRUCTION OF: WIDOW'S STATUTORY PORTION.-M, by his will, gave to his widow $20,000, and the remainder of his estate to his then only child, A; after the birth of his child L, he directed, by a codicil to his will, that she should have one-fourth of the net profits of his estate until she arrived at sixteen years of age, and after that...   Cases  
Johnson v. Nelms 21 Ga. 192, Supreme Court of Georgia (January 01, 1857) 1857 [1.] Our Justices' Courts take the place of what were known before the revolution and sometime afterwards, as Courts of Conscience. They were Courts for the recovery of small debts, and examined and determined the cases by the oath of the parties or other witnesses, and decided them according to equity and good conscience; 3. Bl. Con. 82. The...   Cases  
Johnston v. Coleman 3 Jones Eq. 290, Supreme Court of North Carolina (June 01, 1857) 1857 The fair construction of the will of the feme plaintiff's first husband, taking into consideration the condition of his family and estate is, that the testator gave her the whole produce of the estate, during widowhood, for the maintenance and support of herself and children. The latter, indeed, are not expressly named in the will, nor is there any...   Cases  
Johnston v. Fort 30 Ala. 78, Supreme Court of Alabama (January 01, 1857) 1857 [APPEAL FROM DECREE OF PARTIAL DISTRIBUTION.] APPEAL from the Probate Court of Pickens.   Cases  
Jones v. Blalock 31 Ala. 180, Supreme Court of Alabama (June 01, 1857) 1857 [BILL IN EQUITY FOR SPECIFIC PERFORMANCE OF AWARD, AND INJUNCTION OF JUDGMENT AT LAW.] APPEAL from the Chancery Court of Lawrence. Heard before the Hon. JOHN FOSTER.   Cases  
Jones v. Keaton 22 Ga. 582, Supreme Court of Georgia (June 01, 1857) 1857 A new trial granted on the ground that the verdict of the jury is contrary to evidence. Assumpsit, and motion for new trial, from Baker Superior Court. This was an action brought by William P. Jones, against Benjamin B. Keaton, administrator of Joseph J. Montgomery, deceased, for the recovery of $610.25, for work done for, and cash let to...   Cases  
Jones v. McLean 18 Ark. 456, Supreme Court of Arkansas (January 01, 1857) 1857 This was a bill to foreclose several mortgages, determined in the Lafayette circuit court. The bill was originally filed in the name of James Dick, Harry R. W. Hill and Wm. J. McLean, as surviving partners of the firm of N. & J. Dick & Co., against Isaac N. Jones, Jason C. Wilson and others. After the bill was filed, the death of James Dick was...   Cases  
Jones v. Smith 4 George 215, High Court of Errors and Appeals of Mississippi (April 01, 1857) 1857 1. TRUSTEE: PURCHASER BY: FROM CESTUI QUE TRUST.-A trustee may purchase from the cestui que trust, the trust estate; but such a transaction will be regarded with suspicion, and criticised with the utmost rigor; and, if attacked by the cestui que trust, it is incumbent on the trustee to show that it was fair and just in all respects, and consummated...   Cases  
Jordan v. Thomas 5 George 72, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. DETINUE: RIGHT OF PLAINTIFF TO A DELIVERY OF THE SPECIFIC PROPERTY RECOVERED.-The defendant in an action of detinue, against whom a judgment has been rendered for the recovery of the property, if to be had, and if not, for its value, has no right, against the plaintiff's consent, to pay the value assessed and retain the property. 2. CHANCERY:...   Cases  
Keefe v. State 19 Ark. 190, Supreme Court of Arkansas (July 01, 1857) 1857 The appellant drew his pistol, cocked it, pointed it towards the breast of F., and said, if you do not pay me my money, I will have your life, the parties being close together: Held that this was clearly an assault. Appeal from the Circuit Court of Sebastian county. The Hon. Felix J. Batson, Circuit Judge. Bryan Keefe was indicted in...   Cases  
Kellum v. Smith 18 Tex. 835, Supreme Court of Texas (January 01, 1857) 1857 We do not deem it necessary to the decision of this appeal, to consider, with the view definitively to ascertain and determine, all the questions comprehended by the very able and instructive arguments of counsel. Our view of the case will not require a final opinion on the question of the validity of the will, or the right of the plaintiff to...   Cases  
Kerr v. Webb 9 Rich.Eq. 369, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 In 1852, plaintiff claiming to be distributee of B., who was a distributee of W., filed a bill against the administrator of W., and the ordinary, for account, alleging that the estate of B., was derelict. The ordinary answered, denying all intermeddling or notice of assets. In 1854, the plaintiff administered on B's estate and filed another bill,...   Cases  
King v. Kent's Heirs 29 Ala. 542, Supreme Court of Alabama (January 01, 1857) 1857 [ACTION BY HEIRS-AT-LAW TO RECOVER ANCESTOR'S LANDS SOLD UNDER ORDER OF ORPHANS' COURT.] APPEAL from the Circuit Court of Perry. Tried before the Hon. GEO. D. SHORTRIDGE.   Cases  
King v. Phillips 1 Houst. 349 (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  
King v. State 21 Ga. 220, Supreme Court of Georgia (January 01, 1857) 1857 [1.] No error in the ruling of the Court, that the prisoner should first answer, whether he was ready for trial. [2.] The questions prescribed by the statute to try the competency of jurors to try a particular case, are the only questions proper to be asked them, but those questions may be so varied in form as to enable jurors properly to...   Cases  
Kirkland v. Lowe 4 George 423, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. CONFLICT OF LAWS: PARTIES TO ACTIONS REGULATED BY THE LEX FORI.Questions, as to who are the proper parties to suits, relate rather to the form of the remedy than to the right and merit of the claim, and are therefore to be determined by the law of the forum. See Story Conflt. Laws, § 565. 2. SAME: FOREIGN ASSIGNMENTS: HOW FAR...   Cases  
Knapp v. Mills 20 Tex. 123, Supreme Court of Texas (January 01, 1857) 1857 Where one of several makers of a promissory note, agreed in consideration of forbearance, to pay twelve per cent. interest per annum on the amount of the note, from maturity until paid, it was held that it was not a misjoinder of actions, to sue all the makers upon the original contract, and the one upon the subsequent contract for additional...   Cases  
Knight v. Knight 12 La.Ann. 396, Supreme Court of Louisiana (May 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Knight v. Knight 3 Jones Eq. 167, Supreme Court of North Carolina (June 01, 1857) 1857 It appears by the will that the testator knew that his daughter Louisa was alive, hence the limitation to the heirs of her body must mean her children or descendants, (so as to take in a grand-child, if the parent be dead). This is a familiar rule of construction, as a consequence of the axiom nemo est hæres viventis. We have then, a limitation of...   Cases  
Knox v. Thompson 12 La.Ann. 114, Supreme Court of Louisiana (February 01, 1857) 1857 Appeal from the District Court of Carroll, Farrar, J.   Cases  
Kohlheim v. Harrison 5 George 457, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. STATUTE OF LIMITATIONS: MORTGAGOR AND MORTGAGEE.The Statute of Limitations will commence running against the right of the mortgagor to redeem, whenever the mortgagee, with notice to the mortgagor, asserts an absolute title in himself to the mortgagee's property in his possession. 2. SAME: DEVISE OF MORTGAGED PROPERTY BY WILL, IS AN...   Cases  
La Salle v. Whitfield 12 La.Ann. 81, Supreme Court of Louisiana (February 01, 1857) 1857 Appeal from the Third District Court of New Orleans, Kennedy J.   Cases  
Lallerstedt v. Jennings 23 Ga. 571, Supreme Court of Georgia (November 01, 1857) 1857 We acknowledge the obligation upon the Court to apply itself with all diligence to find out the meaning of the testator, in this as in every other will; and to give effect to the same, if it be practicable to do so. This Court has uniformly evinced its loyalty to this principle. And yet, after all, we are not without some misgiving that, in our...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Lawson v. Cunningham 21 Ga. 454, Supreme Court of Georgia (January 01, 1857) 1857 The Court below overruled the demurrer. The question is, were any of the grounds of the demurrer good? The main ground of the demurrer was that relying on the statute of limitations. Was this a good ground? The statute of limitations does not run in favor of one whose possession or claim is not adverse to that of the true owner. One whose...   Cases  
Layton v. City of New Orleans 12 La.Ann. 515, Supreme Court of Louisiana (June 01, 1857) 1857 Appeal from the Sixth District Court of New Orleans, Cotton, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Lea v. McKenzie 3 Jones Eq. 232, Supreme Court of North Carolina (June 01, 1857) 1857 Jesse B. Reeves was the owner of an undivided moiety of a tract of land, lying in Ashe county, containing fifty acres. The bill states that the plaintiffs, through their agent, Caswell Lea, one of the plaintiffs, made a parol contract with Reeves, to purchase one half of his interest in the said tract, at $4000. The stipulations of the contract, as...   Cases  
Lee v. McElvy 23 Ga. 129, Supreme Court of Georgia (June 01, 1857) 1857 Was there any equity in the bill? There was not, if the words of the will were such, that they would, if the property had been real property, have created by the statute de donis, an estate tail in Mrs. McElvy, for in that case the words would, by our act of 1821, have vested the absolute estate in her, and through her, in the defendant who was her...   Cases  
Lemmon v. People ex rel. Napoleon 26 Barb. 270 (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...   Trial Court Orders  
Leonard v. Dyer 26 Conn. 172, Supreme Court of Errors of Connecticut (March 01, 1857) 1857 The question whether the performance by one of the parties to a contract of particular stipulations therein, is a condition precedent to his right to demand performance by the other party, is to be determined by the intention of the parties as ascertained by the application of common sense rather than of technical rules to the construction of the...   Cases  
Lewis v. City of New Orleans 12 La.Ann. 190, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the Sixth District Court of New Orleans, Cotton, J.   Cases  
Lewis v. State 30 Ala. 54, Supreme Court of Alabama (January 01, 1857) 1857 [INDICTMENT FOR RAPE.] From the Circuit Court of Dallas. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Linton v. Wikoff 12 La.Ann. 878, Supreme Court of Louisiana (August 01, 1857) 1857 Appeal from the District Court of St. Landry, A. Voorhies, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Livingston v. Commonwealth 14 Gratt. 592, Supreme Court of Appeals of Virginia (November 07, 1857) 1857 (Absent ALLEN, P. and LEE, J.) 1. Under a common law indictment for murder, the prisoner may be found guilty of murder in the first or second degree, or manslaughter. 2. QUÆRE: If a prisoner has been convicted of murder in the second degree, or manslaughter, and obtains a new trial, whether he can be put upon his trial again for a higher...   Cases  
Lockhart v. Lockhart 3 Jones Eq. 205, Supreme Court of North Carolina (June 01, 1857) 1857 In Bivens v. Phifer, 2 Jones' Rep. 436, some pains are taken to collate the cases upon the subject of taking per capita and per stirpes. The general rule is admitted to be that legatees take per capita. But an exception is made if there be any thing in the will indicative of an intention that they shall take as families. When such an...   Cases  
Lockridge v. Baldwin 20 Tex. 303, Supreme Court of Texas (January 01, 1857) 1857 The district court from which an execution issues has jurisdiction of a motion against a bidder to recover twenty per cent. on the value of property bid off by him at a sale under such execution, where he fails to comply with the terms of the sale (Hart. Dig. art. 1338), although the amount to be recovered may be less than one hundred dollars. The...   Cases  
Loubiere v. Le Blanc 12 La.Ann. 210, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of West Baton Rouge, Robertson, J.   Cases  
Love v. Wyatt 19 Tex. 312, Supreme Court of Texas (January 01, 1857) 1857 Where the charge of the court submits issues to the jury which are not raised by the pleadings or evidence, and it is not clear that the jury were not misled thereby, the judgment will be reversed. Whether the administrator of a fraudulent vendor, representing creditors, can impeach the deed or conveyance of his intestate, on the ground that it was...   Cases  
Lovelady v. Davis 4 George 577, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. EXECUTOR AND ADMINISTRATOR: ESTOPPEL.-A party who has procured an authenticated copy of a foreign will, to be recorded in this State, and taken out letters of administration with the will annexed, will be estopped from denying that the will has been legally probated. 2. PROBATE COURT: JURISDICTION: ANCILLARY ADMINISTRATION: TRUSTS.-A Probate...   Cases  
Lowber v. McCoy 12 La.Ann. 795, Supreme Court of Louisiana (December 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Luna v. Edmiston 5 Sneed (TN) 159, Supreme Court of Tennessee (December 01, 1857) 1857 This was an action of debt brought by the plaintiff, as executor of Augustine Claiborne, against the defendants, as exeutors of R. L. Brown, to recover $1,350, with interest from 1836. The instrument declared upon in one count, is as follows: This is to certify that I purchased of Augustine Claiborne and Robert L. Brown, in 1836, a mulatto woman,...   Cases  
Maddox v. Rowe 23 Ga. 431, Supreme Court of Georgia (August 01, 1857) 1857 Was Shadrack Rowe, the complainant in the bill, entitled to have a specific performance of his father's promise to devise to him, the two lots of land mentioned in the bill? If he was, there is equity in the bill; and if there is equity in the bill the overruling of the demurrer was right. It is a general principle, that part performance of a...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
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