TitleCitationYearSummaryMost RelevantTypeStatus
Magee v. Catching 4 George 672, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. CONTRACT: CONSIDERATION.-Any loss or injury to the promissee, or benefit to the promissor, however trivial, is a sufficient consideration to uphold a contract. 2. SAME: AGREEMENT BY DEBTOR FOR ANOTHER TO PURCHASE FOR HIS BENEFIT.-Where a debtor, whose property is about to be sold under judicial process, or a mortgage, or deed of trust, contracts...   Cases  
Major v. State 4 Sneed (TN) 597, Supreme Court of Tennessee (September 01, 1857) 1857 The indictment contains two counts: the first for an assault with intent to commit a rape; the second for a rape. At the March term, 1854, an attempt was made to empanel a jury, and the court being satisfied that a fair and impartial trial could not be had in the county of Scott, where the indictment was found, changed the venue to the county of...   Cases  
Manice v. Duncan 12 La.Ann. 715, Supreme Court of Louisiana (August 01, 1857) 1857 Appeal from the District Court of Natchitoches, Ogden, J.   Cases  
Manion's Adm'rs v. Titsworth 18 B.Mon. 582, Court of Appeals of Kentucky (December 26, 1857) 1857 Adam Cooper died intestate in the State of South Carolina in the year 1822. He left a widow and two infant children, one of whom afterward died unmarried and in infancy. Administration on his estate was granted by the court of ordinary, in the year 1823, to his widow and his brother, George B. Cooper. Martin Manion afterward intermarried with the...   Cases  
Manly v. Culver's Heirs 20 Tex. 143, Supreme Court of Texas (January 01, 1857) 1857 It would seem that the provisions of the act to prevent frauds and fraudulent conveyances, of January 18th, 1840 (Hart. Dig. p. 835), requiring voluntary conveyances of personal property to be proved by two or more witnesses and recorded, is modified by subsequent acts which provide, in general terms, for the proof of all deeds, for record, by one...   Cases  
Manly v. Kidd 4 George 141, High Court of Errors and Appeals of Mississippi (April 01, 1857) 1857 1. CHANCERY: RES ADJUDICATA: WHEN DECREE A BAR TO SUBSEQUENT SUIT.-A decree rendered in a former suit will be a bar to a subsequent one, when it is between the same parties, upon the same subject-matter, and in the same right. 2. SAME: RES ADJUDICATA: IF PARTIES ARE SUBSTANTIALLY IDENTICAL, IT IS SUFFICIENT.-It is not necessary, in order to...   Cases  
Maples v. Mitty 12 La.Ann. 759, Supreme Court of Louisiana (November 01, 1857) 1857 Appeal from the District Court of St. Tammany, Watterson, J.   Cases  
Marble v. Whaley 4 George 157, High Court of Errors and Appeals of Mississippi (April 01, 1857) 1857 1. CHANCERY: PARTIES: TRUSTEE, AND CESTUI QUE TRUST, PROPER JOINT COMPLAINANTS.-A party holding the legal title to property for the benefit of another, may confess the trust, and unite with the beneficiaries as co-complainants, in a suit in equity to recover it. 2. SAME: SUPPLEMENTAL BILL ALLOWABLE, AFTER THE ABOLITION OF THE CHANCERY COURT.-When...   Cases  
Marshall v. McGriff 23 Ga. 473, Supreme Court of Georgia (November 01, 1857) 1857 A. and B. had each a fi. fa. against C., A's being the older. The attorney of A., C., D., and E. agreed, that E. should advance to such attorney, for A., the amount due on A's fi. fa; that such attorney should procure a transfer of the fi. fa., from A. to D.; and that C., with D. as his surety, should sign a note to E., for the money so advanced to...   Cases  
MARTIAL LAW. 8 U.S. Op. Atty. Gen. 365 (February 03, 1857) 1857     Administrative Decisions & Guidance  
Martin v. McRee 30 Ala. 116, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY FOR CONSTRUCTION OF WILL AND REMOVAL OF TRUSTEE.] APPEAL from the Chancery Court of Montgomery. Heard before the Hon. WADE KEYES.   Cases  
Martin v. Solomons 10 Rich. 533, Court of Appeals of Law of South Carolina (January 01, 1857) 1857 A garnishee in foreign attachment is not entitled to set off the amount due by him to the absent debtor, against his liability as accommodation endorser of the absent debtor, on a promissory note not due when the writ in attachment was served, although the garnishee, before making his return, and also before the note fell due, paid the note by...   Cases  
Mason v. Hall 30 Ala. 599, Supreme Court of Alabama (January 01, 1857) 1857 [ACTION AT LAW ON PAROL CONTRACT.] APPEAL from the Circuit Court of Monroe. Tried before the Hon. C. W. RAPIER.   Cases  
Mason v. Towne 12 La.Ann. 194, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of Madison, Farrar, J.   Cases  
Massey v. Massey 20 Tex. 134, Supreme Court of Texas (January 01, 1857) 1857 The verdict does not rest upon the uncorroborated testimony of a single witness deposing to the admissions of the trustee. The testimony of the witness is strongly corroborated by other evidence in the case. The answer of the defendant, Thomas, expressly admits the trust. And however little weight that may be entitled to, having been made after the...   Cases  
Massey v. Steeg 12 La.Ann. 78, Supreme Court of Louisiana (February 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Maxwell v. Morgan 20 Tex. 202, Supreme Court of Texas (January 01, 1857) 1857 That the heirs of the mother's community interest have been advanced by, and have inherited from, the father, to the extent of the value of their inheritance from their mother, is a good defense to a suit by such heirs to recover their mother's community interest in property disposed of by the father after her decease; and see this case for...   Cases  
McCalla's Adm'r v. Patterson 18 B.Mon. 201, Court of Appeals of Kentucky (July 01, 1857) 1857 This was an action against Samuel W. Patterson, as administrator of Samuel Patterson, deceased, and his sureties in his official bond, for a devastavit, and failure on the part of the administrator to satisfy a decree in favor of the plaintiff against the estate of his intestate. The defendants resisted a recovery upon three grounds, set out in the...   Cases  
McCandlish v. Keen 13 Gratt. 615, Supreme Court of Appeals of Virginia (February 03, 1857) 1857 1. A conveys real and personal property on a consideration of a sum of money and of an annuity for the life of the grantor, if she survives the grantee, from the death of the grantee; and in the deed the grantee covenants that his estate shall pay to the grantor if she survives him, the annuity. HELD: 1. This does not create a charge upon the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
McCay v. Chambliss 12 La.Ann. 412, Supreme Court of Louisiana (June 01, 1857) 1857 Appeal from the Fourt District Court of New Orleans, Reynolds, J.   Cases  
McCutchon v. Wilkinson 12 La.Ann. 483, Supreme Court of Louisiana (June 01, 1857) 1857 Appeal from the District Court of Plaquemines, Rousseau, J.   Cases  
McDermott v. Board of Police of Metropolitan Police Dist. 5 Abb.Pr. 422, Supreme Court, New York (January 01, 1857) 1857 By chapter 302 of the Laws of 1846, the watch department of the city of New York and various other offices were abolished, and a police force for said city organized. By this act, as amended by chapter 436 of the Laws of 1849, the officers and policemen were to be appointed by the mayor, on the nomination of the alderman and assistant of each ward...   Cases  
McDermott v. Board of Police of Metropolitan Police Dist. 5 Abb.Pr. 422 (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  
McEachin v. McRae 5 Jones (NC) 19, Supreme Court of North Carolina (December 01, 1857) 1857 We concur in the decision made by his Honor in the Court below. The only fair construction of which the seventh clause of the will (on which the question is raised) admits, is that each share became absolute in the child to whom it was allotted. The death, without legal issue, of either of the children to whom a share had been allotted is not...   Cases  
McFaul v. Ramsey 61 U.S. 523, Supreme Court of the United States (December 01, 1857) 1857 THIS case was brought up, by writ of error, from the District Court of the United States for the district of Iowa. The case is stated in the opinion of the court. Where the only bills of exception were to the refusal of the court to grant a continuance and change the venue, the judgment of the court below must be affirmed, as these matters are not...   Cases  
McGavoch v. Woodlief 61 U.S. 221, 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 eastern district of Louisiana. The case is stated in the opinion of the court. Mr. Benjamin for plaintiff in error: It is difficult to institute an argument on a proposition which appears so plain as that the plaintiff's case was not made out on the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
McGowan v. Laughlin 12 La.Ann. 242, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of Carroll, Farrar, J.   Cases  
McHardy v. McHardy's Ex'r 7 Fla. 301, Supreme Court of Florida (February 01, 1857) 1857 The claimant of a Ganancial right under the laws existing in the Province of Florida, whilst it was part of the Spanish dominion, takes subject to the debts contracted during the marriage, which are to be paid out of the common property--he cannot take this property and leave the debts unpaid. To recover an interest of this kind there should be a...   Cases  
McKenzie v. Bentley 30 Ala. 139, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY FOR ATTACHMENT AGAINST NON-RESIDENT DEBTORS.] APPEAL from the Chancery Court at Wetumpka. Heard before the Hon. A. J. WALKER.   Cases  
McKimmon v. Rogers 3 Jones Eq. 200, Supreme Court of North Carolina (June 01, 1857) 1857 A conveyance of property in trust to hold the same, and receive the profits and apply them to the sole and exclusive benefit of a son who was greatly indebted, does not place it beyond the reach of creditors in a Court of Equity. CAUSE removed from the Court of Equity of Wake County. Daniel Rogers, the father of William A. Rogers and Isaac Rogers,...   Cases  
McLean v. Hardin 3 Jones Eq. 294, Supreme Court of North Carolina (June 01, 1857) 1857 Personal property arising in another State to a married woman domiciled with her husband in this State, belongs to the husband according to our laws, and is not governed or controlled by the laws of the State from which it was derived. THIS cause was removed from the Court of Equity of Alamance. The plaintiff, Mrs. McLean, is the wife of Thos. G....   Cases  
McLemore v. Pinkston 31 Ala. 266, Supreme Court of Alabama (June 01, 1857) 1857 [BILL IN EQUITY FOR FORECLOSURE OF MORTGAGE.] APPEAL from the Chancery Court of Montgomery. Heard before the Hon. WADE KEYES.   Cases  
McLeran v. Melvin 3 Jones Eq. 195, Supreme Court of North Carolina (June 01, 1857) 1857 The first question which this case presents is, whether it is properly constituted in the Court. The counsel for the defendants contend, that the writ of certiorari will not lie to bring up any cause from the Courts of Equity to the Supreme Court, but that if it will, this is not a proper case for its application. The ground of objection to the use...   Cases  
McRae v. Purvis 12 La.Ann. 85, Supreme Court of Louisiana (February 01, 1857) 1857 Appeal from the Ninth District Court for the Parish of Pointe CoupĂ©e, Cooley J.   Cases  
Meyer v. Fogg 7 Fla. 292, Supreme Court of Florida (February 01, 1857) 1857 In the matter of the application for probate of the last will and testament of Green R. Meyer, deceased. The will of Green R. Meyer, late of Marion county, was, in January, 1836, duly admitted to probate, and letters testamentary issued by the Judge of Probate to Muscow B. Fogg, his executor. In April of the same year, B. F. Meyer and F. Meyer gave...   Cases  
Miller v. Stewart 12 La.Ann. 170, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of Carroll, Farrar, J. Tried by a Jury.   Cases  
Mills v. Richards 5 George 77, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 HUSBAND AND WIFE.-M. and his wife agreed upon articles of separation. The wife relinquished her right to dower in his estate, and her father executed a bond to indemnify M. against any debts or liabilities the wife might thereafter contract; and M., in consideration thereof, released and conveyed to his wife directly all the property he had...   Cases  
Mitchell v. State 22 Ga. 211, Supreme Court of Georgia (March 01, 1857) 1857 [1.] It is the privilege of the party who complains of the judgment in the Court below, to make out and tender to the Judge, who presided in the case, his bill of exceptions; and if it be consistent with what transpired in the cause; in other words, if it contain the truth, the whole truth, and nothing but the truth, and all the evidence material...   Cases  
Mitchell v. Tallapoosa County 30 Ala. 130, Supreme Court of Alabama (January 01, 1857) 1857 [ACTION FOR MEDICAL SERVICES RENDERED TO PRISONERS.] APPEAL from the Circuit Court of Tallapoosa. Tried before the Hon. JNO. GILL SHORTER.   Cases  
Mitchell v. Vickers 20 Tex. 377, Supreme Court of Texas (January 01, 1857) 1857 Nuncupative wills are not favorites of the law; and it is a well established rule that strict proof is required, of all the requisites prescribed by the law. It may be laid down as a general rule, that the testimony of the witnesses (to a nuncupative will) must agree, at least substantially, as to the words spoken or the dispositions made by the...   Cases  
Molaison v. Hebert 12 La.Ann. 232, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of West Baton Rouge, Robertson, J.   Cases  
Monk v. Pinckney 9 Rich.Eq. 279, Court of Appeals of Equity of South Carolina (May 01, 1857) 1857 Where an executor or other trustee neglects to obey an order to invest in bank stocks, he will not be exempted from the payment of interest on the ground of laches in the cestui que trutss in demanding payment.   Cases  
Montan v. Whitley 12 La.Ann. 175, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of East Baton Rouge, Robertson, J.   Cases  
Montgomery v. Culton 18 Tex. 736, Supreme Court of Texas (January 01, 1857) 1857 The effect of an ordinary transfer of property from one person to another, with the agreement on the part of the latter that he will pay the just demands against the former, is to raise a trust for the creditors of the assignor, though the transfer was made without their knowledge; and they may maintain their actions against the assignee; and the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Moody v. Farr 4 George 192, High Court of Errors and Appeals of Mississippi (April 01, 1857) 1857 1. EJECTMENT: LEGAL TITLE ESSENTIAL TO ENABLE PLAINTIFF TO RECOVER.It is well settled, that where a party has purchased land, and paid the purchase-money, and has taken only a bond for title, he has a mere equitable title, and must go into equity to divest his vendor's title; and until such title be conveyed, he cannot recover in ejectment....   Cases  
Moore v. Felkel 7 Fla. 44, Supreme Court of Florida (January 01, 1857) 1857 Where a defendant was both executor and guardian of an infant distributee of the estate and had been sued at law upon his guardian bond and a recovery obtained against him, upon a bill filed for an account against him in his two-fold character, he pleaded that recovery as a full bar to a decree. Held, That the bar was good to the extent of the...   Cases  
Moore v. Hood 9 Rich.Eq. 311, Court of Appeals of Equity of South Carolina (May 01, 1857) 1857 Bill for account will lie in this State, against a guardian appointed in North Carolina, and his surety, they having removed to this State. Without legal authority from a Court of competent jurisdiction, a guardian cannot sell the property of his ward; and to any application to a Court for such authority, the ward is a necessary party. A guardian,...   Cases  
Morris v. Rippy 4 Jones (NC) 533, Supreme Court of North Carolina (August 01, 1857) 1857 Where the real purchaser of property has the title made fraudulently to another, in secret trust for himself, it cannot, at law, be subjected to the purchaser's debts, but must be pursued in a court of Equity. Witnesses summoned by one suing in forma pauperis, are entitled to their costs for attendance. Officers of the court only, are included in...   Cases  
Morris v. Stokes 21 Ga. 552, Supreme Court of Georgia (January 01, 1857) 1857 [1.] The sayings of a principal legatee under a will, though not a party to the recordadmissible in evidence, so as to affect his own interest only. [2.] Any acts or declarations in connection with these acts, by the principal legatee, who procures the will under which he claims to be written, may be given in evidence as a part of the res...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Mount v. Brown 4 George 566, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. EXECUTOR AND ADMINISTRATOR: SALES BY: PURCHASER REFUSING TO COMPLETE HIS PURCHASE LIABLE FOR LOSS ON RESALE.-If the vendee at an administrator's sale refuse to complete the purchase by giving bond and security, as required by the terms of the sale, the administrator may resell and hold the purchaser responsible for the loss sustained by the...   Cases  
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