| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Sprott v. Baldwin |
5 George 327, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. EXECUTOR AND ADMINISTRATOR: NOT ENTITLED TO RECEIVE COMMISSIONS UNTIL ESTATE FINALLY SETTLED.-An administrator upon a final settlement of his accounts, is entitled to commissions only on so much of the estate as he has fully administered; but, on the remainder of the estate, which is unadministered, and must, therefore, go into the hands of an... |
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Cases |
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| Stanton v. Green |
5 George 576, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. FRAUD: AND FRAUDULENT CONVEYANCE: CASE IN JUDGMENT.-G., a debtor in failing circumstances, on the 12th day of March, 1841, and just before a term of the Circuit Court, at which judgments for a large amount were rendered against him, sold to one F., for $30,000, payable in six small annual instalments, but without interest,-all his property,... |
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Cases |
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| State ex rel. Copes v. City of Charleston |
10 Rich. 491, Court of Errors of South Carolina (January 01, 1857) |
1857 |
The City Council of Charleston have the power, under their charter, to subscribe to the stock of Railroad Companies, within and without the State, and to tax the inhabitants of the city, for the purpose of paying the subscriptions. The City Council of Charleston, having, at different times, subscribed to the stock of Railroad Companies, within and... |
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Cases |
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| State ex rel. Perkins v. Judge of the Fifth District Court |
12 La.Ann. 455, Supreme Court of Louisiana (June 01, 1857) |
1857 |
On application for a mandamus to the Judge of the Fifth District Court of New Orleans, Eggleston, J. |
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Cases |
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| State v. Ellis |
26 N.J.L. 219, Supreme Court of New Jersey (February 01, 1857) |
1857 |
A person convicted under the act entitled An act to describe, apprehend and punish disorderly persons, passed June 10th, 1799, (Nix. Dig. 857) cannot be committed to the county jail by a justice of the peace, unless such jail has been made a work-house by the proper authority. On habeas corpus to the sheriff of the county of Mercer. From the... |
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Cases |
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| State v. Goode |
24 Mo. 361, Supreme Court of Missouri (January 01, 1857) |
1857 |
1. An indictment was in the following form: The grand jurors for the State of Missouri, for the body of Putnam county, sworn, upon their oaths present that B. E. G., late of Putnam county aforesaid, on the first day of October, in the year 1855, at the county aforesaid, did then and there unlawfully buy a certain commodity, to-wit: five deer... |
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Cases |
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| State v. Henry |
5 Jones (NC) 65, Supreme Court of North Carolina (December 01, 1857) |
1857 |
It was held to be error in a Judge to tell the jury that, in a plain case, a good character would not help the prisoner; but in a doubtful case, he had a right to have it cast into the scales and weighed in his behalf; the true rule being, that in all cases, a good character is to be considered. The fact that the prosecutrix in a case... |
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Cases |
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| State v. John |
5 Jones (NC) 163, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Robbery is committed by force; larceny by stealth. The original cause for making highway robbery a capital felony, without benefit of clergy, was, an evil practice, in former days very common, of meeting travellers, and, by a display of weapons, or other force, putting them in fear, (stand and deliver,) and in this way taking their goods by... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| State v. King |
12 La.Ann. 593, Supreme Court of Louisiana (July 01, 1857) |
1857 |
Appeal from a Justice's Court of the Parish of Morehouse. |
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Cases |
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| State v. Kitty |
12 La.Ann. 805, Supreme Court of Louisiana (December 01, 1857) |
1857 |
Appeal from the First District Court of New Orleans, Hunt, J. |
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Cases |
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| State v. Le Blond |
12 La.Ann. 363, Supreme Court of Louisiana (May 01, 1857) |
1857 |
Appeal from the District Court of the parish of St. James, Duffel, J. |
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Cases |
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| State v. Mitchell |
25 Mo. 420, Supreme Court of Missouri (July 01, 1857) |
1857 |
1. An indictment, founded on section 28, of article 8, of the act concerning crimes and punishments (R. C. 1845, p. 404), charging that the defendant did willfully and contemptuously disturb a congration of people met for religious worship, etc., is bad. Appeal from Laclede Circuit Court. William Mitchell was indicted, under section... |
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Cases |
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| State v. Morgan |
12 La.Ann. 712, Supreme Court of Louisiana (August 01, 1857) |
1857 |
Appeal from the District Court of Rapides, O. N. Ogden, J. |
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Cases |
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| State v. Morrow |
26 Mo. 131, Supreme Court of Missouri (October 01, 1857) |
1857 |
1. The act of the general assembly of February 8, 1839 (see Sess. Acts, 1839, p. 311,) entitled an act to amend an act to incorporate the town of New Franklin, approved January 16, 1833, only repealed so much of the seventh section of the amended act as provided that the board of trustees of New Franklin should have... |
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Cases |
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| State v. Rucker |
24 Mo. 557, Supreme Court of Missouri (March 01, 1857) |
1857 |
1. Tobacco, the growth of this state, is not one of the articles exempt from duty under the act to license auctioneers. (R. C. 1845, p. 161.) 2. A person may be guilty, under the act to license auctioneers (R. C. 1845, p. 162), of exercising a trade or business of a public auctioneer without a license, although he may receive no compensation for... |
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Cases |
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| State v. Shaw |
4 Jones (NC) 440, Supreme Court of North Carolina (June 01, 1857) |
1857 |
We see no error in the charge complained of. The defendant is indicted for petit larceny. Several exceptions were taken to the charge. First: The Court was asked to instruct the jury that twenty-three days having passed, between the time of the iron being missing, and the finding it in the possession of the defendant, the law raised no presumption... |
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Cases |
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| State v. The Judge of the Seventh District |
12 La.Ann. 48, Supreme Court of Louisiana (January 01, 1857) |
1857 |
On the application of Mills & Cleveland for a mandamus to the Judge of the District Court of East Feliciana, C. Ratliff, J. |
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Cases |
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| State v. Wetherford |
25 Mo. 439, Supreme Court of Missouri (July 01, 1857) |
1857 |
The venue in this case, so far as regards the defendant, Clemsey Wetherford, was improperly changed from Morgan Circuit Court to the Benton County Circuit Court. Clemsey Wetherford did not petition for the change--took no steps to have it ordered, and the Circuit Court of Benton county had no jurisdiction over the case, so far as relates to her.... |
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Cases |
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| State v. Whit |
4 Jones (NC) 349, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The indictment is for a burglary committed in the dwelling-house of Charles Smallwood. Burglary is a felony at common law; and a burglar is defined by Lord COKE, 3rd Institute 63, to be one that, in the night time, breaketh and entereth into a mansion-house of another, of intent to kill some reasonable creature, or to commit some other felony... |
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Cases |
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| State v. White |
10 Rich. 442, Court of Appeals of Law of South Carolina (May 01, 1857) |
1857 |
Where a fund, being in the hands of an Ordinary, under a mistaken notion as to his right to receive and hold it officially, was paid over to his successor, who threatened suit unless it was paid over:Held, That the sureties of the successor, he having wasted the fund, were not liable for it. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| State v. Wilson |
12 La.Ann. 189, Supreme Court of Louisiana (March 01, 1857) |
1857 |
Appeal from the District Court of the Parish of Iberville. Robertson, J. |
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Cases |
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| State v. Winningham |
10 Rich. 257, Court of Appeals of Law of South Carolina (January 01, 1857) |
1857 |
Under the Act of 1731, § 43, a prisoner, indicted for a capital offence, is entitled if he requires it, and upon payment of the fees for copying, to a copy of the indictment three days before his trial. The demand for a copy should be made, at the latest, when he is arraigned, and in open Court. W., one of five prisoners jointly indicted for... |
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Cases |
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| State v. Worrell |
25 Mo. 205, Supreme Court of Missouri (March 01, 1857) |
1857 |
1. Where a petition of a defendant in a criminal prosecution for a change of venue sets forth one of the statutory grounds for such change, the order removing the cause will not be rendered null and void by reason of an omission to specify therein the cause of removal. 2. Where a motion for a continuance, on the ground of the absence of a material... |
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Cases |
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| Steadman v. Holman |
4 George 550, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. HUSBAND AND WIFE: JUDGMENT AGAINST, WHEN NOT BINDING ON HER ESTATE, HELD UNDER ACT OF 1839.A judgment rendered against husband and wife upon a contract entered into during coverture, will not bind her separate estate, held under the Act of 1839. 2. HIGH COURT: PRESUMPTION IN FAVOR OF JUDGMENT, UNDER REVISION.The judgment of the... |
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Cases |
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| Stewart's Adm'r v. Stewart's Heirs |
31 Ala. 207, Supreme Court of Alabama (June 01, 1857) |
1857 |
[BILL IN EQUITY FOR SETTLEMENT OF ADMINISTRATION.] APPEAL from the Chancery Court of Lawrence. Heard before the Hon. JOHN FOSTER. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Succession of Boyd |
12 La.Ann. 611, Supreme Court of Louisiana (July 01, 1857) |
1857 |
Appeal from the District Court of Morehouse, Richardson, J. |
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Cases |
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| Succession of Broderick |
12 La.Ann. 521, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Succession of Croizet |
12 La.Ann. 401, Supreme Court of Louisiana (May 01, 1857) |
1857 |
Appeal from the District Court of West Baton Rouge, Robertson, J. |
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Cases |
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| Succession of Gilmore |
12 La.Ann. 562, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the District Court of East Baton Rouge, Robertson, J. |
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Cases |
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| Succession of Grover |
12 La.Ann. 334, Supreme Court of Louisiana (April 01, 1857) |
1857 |
Appeal from the District Court of West Baton Rouge, Robertson, J. |
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Cases |
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| Succession of Lyne |
12 La.Ann. 155, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the District Court of Pointe Coupée, Cooley, J. |
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Cases |
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| Succession of Plunkett |
12 La.Ann. 558, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Succession of Pratt |
12 La.Ann. 457, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Succession of Valansart |
12 La.Ann. 848, Supreme Court of Louisiana (August 01, 1857) |
1857 |
Appeal from the District Court of St. Landry, Martel, J. |
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Cases |
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| Succession of Waters |
12 La.Ann. 97, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Succession of Wilson |
12 La.Ann. 591, Supreme Court of Louisiana (July 01, 1857) |
1857 |
Appeal from the District Court of Ouachita, Richardson, J. |
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Cases |
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| Suthon v. Castille |
12 La.Ann. 889, Supreme Court of Louisiana (August 01, 1857) |
1857 |
Appeal from the District Court of St. Landry, Martel, J. |
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Cases |
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| Taylor v. Carryl |
61 U.S. 583, Supreme Court of the United States (December 01, 1857) |
1857 |
THIS case was brought up from the Supreme Court of Pennsylvania, by a writ of error issued under the twenty-fifth section of the judiciary act. The facts of the case are particularly stated in the opinion of the court. The Reporter would be much pleased if he could place before his readers an extended report of the arguments of counsel in a case of... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Taylor v. Kelly |
31 Ala. 59, Supreme Court of Alabama (June 01, 1857) |
1857 |
[CONTEST AS TO VALIDITY OF WILL.] APPEAL from the Probate Court of Autauga. |
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Cases |
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| Taylor v. Kelly |
3 Jones Eq. 240, Supreme Court of North Carolina (June 01, 1857) |
1857 |
Where a vendor, after a contract of sale, sold at an advanced price to another person who had no notice of the former sale, Held that the seller was bound to account to the former purchaser for the advanced price. Constructive notice arising from the first purchaser's being in possession, must be taken to extend to all the circumstances attending... |
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Cases |
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| Theriet v. Voorhies |
12 La.Ann. 852, Supreme Court of Louisiana (August 01, 1857) |
1857 |
Appeal from the District Court of the parish of Lafayette, Dupré, J. |
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Cases |
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| Thompson v. Lee |
31 Ala. 292, Supreme Court of Alabama (June 01, 1857) |
1857 |
[BILL IN EQUITY FOR RESCISSION OF CONTRACT.] APPEAL from the Chancery Court of Perry. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Thompson v. Wright |
22 Ga. 607, Supreme Court of Georgia (June 01, 1857) |
1857 |
(1.) If an answer of a witness to interrogatories, understood in one way, will make his answers admissible, understood in another way, will make them inadmissible; and it is doubtful from the answer in which of the two ways it ought to be understood, the question on the answer is one of fact, and therefore, the answer and the other answers should... |
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Cases |
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| Toler v. Cushman |
12 La.Ann. 733, Supreme Court of Louisiana (August 01, 1857) |
1857 |
Appeal from the District Court of Avoyelles, Ogden, J. |
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Cases |
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| Tompkins v. Prentice |
12 La.Ann. 465, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the District Court of Carroll, Farrar, J. |
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Cases |
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| Towner v. Lucas' Ex'r |
13 Gratt. 705, Supreme Court of Appeals of Virginia (March 03, 1857) |
1857 |
It was said by the court in the Countess of Rutland's Case, 5 Coke's R. 25, that it would be inconvenient that matters in writing, made by advice and on consideration, and which finally import the certain truth and agreement of the parties, should be controlled by an averment of parties, to be proved by the uncertain testimony of slippery... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Trammell v. Trammell |
20 Tex. 406, Supreme Court of Texas (January 01, 1857) |
1857 |
Where the plaintiff recovers in the action, and there is no error in the final judgment on the merits, the refusal of the court to quash a writ of sequestration will not be revised, although the defendant may have replevied the property. It is well settled that a general demurrer in our practice will not be deemed to reach defective averments in... |
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Cases |
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| Trippe v. Trippe |
29 Ala. 637, Supreme Court of Alabama (January 01, 1857) |
1857 |
[BILL IN EQUITY FOR PARTITION AND ACCOUNT BETWEEN TENANTS IN COMMON.] APPEAL from the Chancery Court of Perry. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Tucker v. State |
11 Md. 322, Court of Appeals of Maryland (December 01, 1857) |
1857 |
Where demurrers are ruled against the party appealing, and the verdict and judgment on the issues are against the same party, the appeal from the final judgment brings up for review, in this court, the rulings upon the demurrers. Upon an appeal bond, conditioned to prosecute an appeal from a judgment of a justice of the peace to the county... |
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Cases |
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| Turner v. Smith |
12 La.Ann. 417, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the District Court of West Feliciana, Ratliff, J. |
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Cases |
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