TitleCitationYearSummaryMost RelevantTypeStatus
RELATION OF CONSULS TO CRIMINALS. 8 U.S. Op. Atty. Gen. 380 (February 11, 1857) 1857     Administrative Decisions & Guidance  
Richardson v. Bell 12 La.Ann. 296, Supreme Court of Louisiana (April 01, 1857) 1857 Appeal from the District Court of West Feliciana, Ratliff, J. Tried by a Jury.   Cases  
Richardson v. Milburn 11 Md. 340, Court of Appeals of Maryland (December 01, 1857) 1857 This is an action of trespass quare clausum fregit, instituted in the circuit court for Saint Mary's county, by the present appellee against the appellant, and was tried upon the plea of non cul. Two bills of exceptions were taken, from which it appears the controversy between the parties grows out of the removal of a fence by the defendant,...   Cases  
Richmond v. Delay 5 George 83, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. EXECUTOR AND ADMINISTRATOR: DISTRIBUTION: REFUNDING BOND.-It is not necessary for a distributee to file a refunding bond with his petition for distribution, when presented before final settlement. It is sufficient if the petition contain an offer to execute one. See Keith & Vaiden v. Jolly, 26 Miss. R. 131. 2. HUSBAND AND WIFE: INTEREST OF THE...   Cases  
Riddle v. Kreinbiehl 12 La.Ann. 297, Supreme Court of Louisiana (April 01, 1857) 1857 Appeal from the District Court of West Feliciana, Waterston, Judge of the Eighth District, presiding. Tried by a Jury.   Cases  
Riggin v. Kendig 12 La.Ann. 451, Supreme Court of Louisiana (June 01, 1857) 1857 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Risher v. Adams 9 Rich.Eq. 247, Court of Appeals of Equity of South Carolina (January 01, 1857) 1857 By marriage settlement, the intended wife's property was limited to her separate use for life, and after the death of the said J. H., the intended wife, then to the use of her four children (she being a widow) by name, and also of the issue of the said J. H. by her intended husband, who shall be alive at the time of the death of the said J. H.,...   Cases  
Rivers v. Rivers 9 Rich.Eq. 203, Court of Appeals of Equity of South Carolina (January 01, 1857) 1857 Testator having a wife, five sons, the eldest of whom only was of age, and three single daughters, who were his three younger children, made his will, by which he directed his tract of two hundred acres of land to be reserved during the life time of his wife as a residence for her and any of his daughters who may remain single, and his...   Cases  
Roby v. Boswell 23 Ga. 51, Supreme Court of Georgia (June 01, 1857) 1857 [1.] The Act of 1845, to change and point out the mode of inheritance, in certain cases therein mentioned, divests no right of a feme-sole, who before the passing of the Act, was entitled to property by inheritance. The property vests in her. [2.] The Constitution of the United States, so far as it inhibits a State from passing a law...   Cases  
Rochel v. Berwick 12 La.Ann. 847, Supreme Court of Louisiana (August 01, 1857) 1857 Appeal from the District Court of St. Mary, A. Voorhies, J.   Cases  
Rogers v. Sample 4 George 310, High Court of Errors and Appeals of Mississippi (April 01, 1857) 1857 1. INTEREST: AGREEMENT TO PAY INTEREST FROM DATE, ON CONDITION OF FAILURE TO PAY AT MATURITY, NOT USURIOUS.-A stipulation in a contract, that if the debt be not punctually paid at maturity, the debtor shall pay interest from date, is not usurious, and interest will be given accordingly. See 1 Bibb. 242; Harper's R. 397; 1 Blackf. 69. Smith, C. J.,...   Cases  
Sadler v. Rose 18 Ark. 600, Supreme Court of Arkansas (January 01, 1857) 1857 From the record before us in this case, the following facts appear: On the 22d of October, 1855, a term of the probate court of Johnson county was commenced. On the 25th October, at the same term, Moreau Rose filed a petition in said probate court, stating as follows, etc.: That Lucien O. Sadler departed this life on or about the 11th day of...   Cases  
Sampson v. Browning 22 Ga. 293, Supreme Court of Georgia (May 01, 1857) 1857 Should the motion for a new trial have been granted? The plaintiff in error contends, that there were two grounds sufficient to support the motion. 1st. A want of proof to show that the testator, at the time of pronouncing the words propounded as his will, did bid the persons present, or some of them, bear witness that such was his last will, or...   Cases  
Sanders v. Stokes 30 Ala. 432, Supreme Court of Alabama (January 01, 1857) 1857 [TROVER AGAINST SHERIFF FOR CONVERSION OF CHATTELS.] APPEAL from the Circuit Court of Perry. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Sanford v. Howard 29 Ala. 684, Supreme Court of Alabama (January 01, 1857) 1857 [ACTION ON VERBAL PROMISE TO PAY FOR GOODS FURNISHED TO THIRD PERSONS.] APPEAL from the Circuit Court of Bibb. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Scott v. Burt 9 Rich.Eq. 358, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 A bequest for life, expressly, with a general power of disposition superadded, confers only a life estate with power of appointment, which to be effectual must be exercised.   Cases  
Scott v. Jackson 12 La.Ann. 640, Supreme Court of Louisiana (July 01, 1857) 1857 Appeal from the District Court of Jackson. Richardson, J.   Cases  
Scruggs v. Driver 31 Ala. 274, Supreme Court of Alabama (June 01, 1857) 1857 [BILL IN EQUITY FOR RESCISSION OF CONTRACT. APPEAL from the Chancery Court of Madison. Heard before the Hon. JOHN FOSTER.   Cases  
Selover v. American Russian Commercial Co. 7 Cal. 266, Supreme Court of California (January 01, 1857) 1857 The points made by counsel, arise under the fourteenth section of the eleventh article of the Constitution of this State, and the Act of the Legislature of the 17th of April, 1850, defining the rights of husband and wife. The questions involved are of no ordinary difficulty, and are important in their character. At common law, the civil existence...   Cases  
Shaw v. Knox 12 La.Ann. 41, Supreme Court of Louisiana (January 01, 1857) 1857 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Shaw v. McBride 3 Jones Eq. 173, Supreme Court of North Carolina (June 01, 1857) 1857 The difficulties suggested in the construction of the will of the testator, arise, not so much from its terms, as from the effect upon it of his indebtedness, of the extent of which he appears to have been so lamentably ignorant. The pleadings show that, in addition to the funds set apart by the testator himself for the payment of his debts, there...   Cases  
Shearman's Adm'r v. Hicks 14 Gratt. 96, Supreme Court of Appeals of Virginia (November 28, 1857) 1857 Two questions are presented by the record of this case, both of which must be decided in favor of the appellants before the sentence of the Circuit court can be reversed. First. Did the deed of March 18th, 1835, executed by John Timberlake to Shearman and wife, confer on the wife a valid power of appointment? Second. If it did, was the power well...   Cases  
Shelby v. Burtis 18 Tex. 644, Supreme Court of Texas (January 01, 1857) 1857 Where an injunction is obtained against the enforcement of a deed of trust given to secure a promissory note, it is not a contempt of court for an assignee of the note, to whom it was assigned before the injunction was obtained, and who was no party to the injunction suit, to bring suit on the note, and pray an order of sale of the property...   Cases  
Sheppard v. Sheppard 22 Ga. 426, Supreme Court of Georgia (June 01, 1857) 1857 It is impossible for us to reverse the judgment of the Court below in this case, without overruling Holmes vs. Liptrot, 8 Ga. Rep. 279. That case has been directly attacked by the plaintsffs in error; and it has indirectly been admitted by them; and therefore it is perhaps, that the case has not been defended by the other side. We are not asked to...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Shewalter v. Ford 5 George 417, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. PLEADING: CROSS-ACTION: SET-OFF.The defendant cannot deny, in toto, the plaintiff's right of action, and, at the same time, set up in his answer a substantive and independent cause of action, inconsistent with the plaintiff's claim, and involving the issue of its justice and legality, and which, of itself, amounts to an assertion that the...   Cases  
Shirkey v. Hunt 18 Tex. 883, Supreme Court of Texas (January 01, 1857) 1857 There is no error in the judgment. The contract was forfeited at law, on failure to pay the first note. This was waived by the partial payment received in February, 1853. But after the maturity of the second note, the defendant acknowledged his inability to comply with the contract. There was then a second forfeiture at law, from which the...   Cases  
Shirley v. Fearne 4 George 653, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. PRACTICE: WHAT AMOUNTS TO A CONFESSION OF A DEMURRER.If a demurrer be filed to a plea, and the defendant thereupon, under leave granted, file an amended plea, meeting the objections to the original, as set out in the demurrer, it is an admission that the demurrer is well taken; and it will not therefore, be error to submit the cause to a...   Cases  
Short v. Prettyman 1 Houst. 334, Superior Court of Delaware (April 01, 1857) 1857 The declaration may be amended after the plaintiff has opened his case to the jury, on condition of paying the costs of the term, if the amendment is such as to require a continuance on the part of the defendant. But if it is not, no terms will be imposed. The validity of a deed, acknowledged and recorded, may be impeached in a court of law, by...   Cases  
Short v. Prettyman 1 Houst. 334 (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  
Short's Adm'r v. Ramsey 18 Tex. 397, Supreme Court of Texas (January 01, 1857) 1857 The only question which it is material to consider is, whether the court erred in the charge, to the effect, that the neglect of the administrator to re-advertise and sell the property, from January, 1845, when the first sale was approved by the probate court, and the defendant was in default in not complying with the terms of the sale, until the...   Cases  
Simpson v. Mills 12 La.Ann. 173, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of East Feliciana, Ratliff, J.   Cases  
Singleton v. Cotton 23 Ga. 261, Supreme Court of Georgia (August 01, 1857) 1857 [1.] Delivery is essential to a gift, mortis causa. [2.] Saying I give, without an act, does not transfer the property. [3.] Where an actual delivery is impossible, from the nature of the case, the gift may be manifested by writing; but even this is a relaxation of the ancient rule upon this subject. In Equity, bill quia timet and rule nisi, for...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Sloan v. Webb 20 Tex. 189, Supreme Court of Texas (January 01, 1857) 1857 The statute (Hart. Dig. art. 1153) is too plain and explicit to admit of doubt or question. It declares that when the widow and children have separate property adequate to their maintenance, the allowance provided for that purpose shall not be made. The present was a case plainly within the prohibition. The judgment is affirmed. Judgment affirmed.   Cases  
Slocomb, Richards & Co. v. Blackburn 18 Ark. 309, Supreme Court of Arkansas (January 01, 1857) 1857 Where personal property is levied upon, and, by direction of the plaintiff, the sheriff permits it to remain in possession of the defendant, and returns the execution without a sale, the levy will not continue to be a lien as against intervening rights of other persons; and against other creditors is regarded as dormant and fraudulent. A judgment...   Cases  
Smith v. Croom 7 Fla. 81, Supreme Court of Florida (January 01, 1857) 1857 In a question of survivorship, arising out of a common calamity, the legal presumption, founded upon the circumstances of age, size or physical strength, does not obtain in our jurisprudence, either as a doctrine of the common law or as an enactment of the legislative authority. It is a doctrine of the civil law. But, when the calamity, though...   Cases  
Smith v. Johnson 21 Ga. 386, Supreme Court of Georgia (January 01, 1857) 1857 The testator's daughter, Catharine, was single at the date of his will and continued so down to the time of his death. In disposing of his property, he gave and bequeathed unto his beloved daughter Catharine, an equal share of his estate with each of his other children, for her own separate estate, and the same shall vest in and be held in trust by...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Smith v. Maine 25 Barb. 33, Supreme Court, General Term, New York (January 01, 1857) 1857 When actions had names, this would have been known as an action of trover, brought to recover for a package of promissory notes, the value of which, as admitted upon the trial, was $8000. The plaintiff claimed title to the notes through an executed gift, or donatio causa mortis, from George Bentley. The defendants, who are the administrators of the...   Cases  
Smith v. Maine 25 Barb. 33 (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  
Smith v. Smith 23 Ga. 21, Supreme Court of Georgia (June 01, 1857) 1857 This bill was filed by the executors of the last will and testament of Lovett B. Smith, deceased, setting out the will, and asking the direction of the Court, as to its execution. A general demurrer for the want of equity, was filed thereto. The executors invoked the instructions of the Court as to their duty under the will, in respect to two...   Cases  
Smith v. Smith 30 Ala. 642, Supreme Court of Alabama (June 01, 1857) 1857 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Tuskaloosa.   Cases  
Smith v. Talbot 18 Tex. 774, Supreme Court of Texas (January 01, 1857) 1857 It has, on some occasions, been suggested that the act of the 19th of January, 1841, creating a system of bankruptcy, etc., was in conflict with the constitution of the republic. But, admitting that the bankrupt act is constitutional, the question is, etc. The bankrupt act is deficient in details, but its intention that the creditors should present...   Cases  
Smoke v. Smoke 10 Rich. 433, Court of Appeals of Law of South Carolina (May 01, 1857) 1857 Where in trespass to try title the defence is, that S., an entire stranger, had acquired title by adverse possession, the fact that S. had, many years before the trial, abandoned the possession, and that neither he nor any one claiming under him, had since ever claimed the land, is entitled to consideration upon the question as to the character of...   Cases  
Smyth v. Oliver 31 Ala. 39, Supreme Court of Alabama (June 01, 1857) 1857 [BILL IN EQUITY BY WIFE, FOR REMOVAL OF HUSBAND FROM TRUSTEESHIP OF SEPARATE ESTATE, AND ESTABLISHMENT OF HER INTEREST IN CHOSE IN ACTION TRANSFERRED BY HIM.] APPEAL from the Chancery Court of Butler. Heard before the Hon. WADE KEYES.   Cases  
South Carolina R. Co. v. Toomer 9 Rich.Eq. 270, Court of Appeals of Equity of South Carolina (January 01, 1857) 1857 Where the Court of Equity orders an action at law, an appeal lies from the decision of the Circuit Court at Law to the Law Court of Appeals. Where an issue is ordered, no appeal lies from the decision at law to any Court; but, on the return of the issue to the Court from which it emanated, a motion may be made for another issue, or for a new trial....   Cases  
Spear v. Spear 9 Rich.Eq. 184, Court of Appeals of Equity of South Carolina (January 01, 1857) 1857 It is a breach of trust, for a guardian or other trustee, to use, in his own business, the funds of his wards or cestui que trusts. He should invest them in public securities, or bonds secured by lien on real estate, or at least bonds of third persons with proper sureties. The reasoning of the Court in Sweet vs. Sweet, Sp. Eq., 311, discussed and...   Cases  
Spencer v. Amis 12 La.Ann. 127, Supreme Court of Louisiana (February 01, 1857) 1857 Appeal from the District Court of Madison, Farrar, J.   Cases  
Spencer v. Godwin 30 Ala. 355, Supreme Court of Alabama (January 01, 1857) 1857 [TROVER AGAINST SHERIFF'S BAILEE, BY PURCHASER FROM DEFENDANT IN EXECUTION.] APPEAL from the Circuit Court of Russell. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Spencer v. Spencer 3 Jones Eq. 404, Supreme Court of North Carolina (December 01, 1857) 1857 Where, on the day before an intended marriage, the wife secretly made a conveyance of her property to a distant relation, which was carefully concealed from the husband during his whole life, while he was permitted to use and treat the property as his own during that whole time, the fact that he had heard from rumor that his intended wife thus...   Cases  
Spicer's Creditors v. Spicer 21 Ga. 200, Supreme Court of Georgia (January 01, 1857) 1857 A testator, by his will, gives and bequeathes all his estate, both real and personal to his grand children; he directs it to be divided into nine equal shares, that being the number of his family, and divided between them; he desires that the parents of the grand children have the use and management of that portion of the estate given to their...   Cases  
Spiva v. Jeter 9 Rich.Eq. 434, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 A contract to marry on condition that the wife should receive no portion of the husband's property which he then possessed:Held, not to preclude her from demanding dower even from a purchaserit appearing that the husband had not performed his duties as husband, but on the contrary had deserted his wife for ten years before his death,...   Cases  
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