TitleCitationYearSummaryMost RelevantTypeStatus
U.S. v. Cobb 4 Am. Law J. (N.S.) 145, District Court, ND New York (October 20, 1857) 1857 This was an indictment against Ira H. Cobb, Moses Summers, James Davis, Stephen Porter, William L. Salmon, Harrison Allen, William Thompson, and Prince Jackson, for aiding in the escape of a fugitive from labor.   Cases  
Vaughan v. Vaughan's Heirs 30 Ala. 329, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY FOR ALLOTMENT OF DOWER AND RECOVERY OF LEGACY.] APPEAL from the Chancery Court of Marengo. Heard before the Hon. WADE KEYES.   Cases  
Voorhies v. De Blanc 12 La.Ann. 864, Supreme Court of Louisiana (August 01, 1857) 1857 Appeal from the District Court of the Parish of St. Martin, Dupré, J.   Cases  
Waddell v. Judson 12 La.Ann. 13, Supreme Court of Louisiana (January 01, 1857) 1857 Appeal from the Fifth District Court of New Orleans, Strawbridge, J.   Cases  
Walker v. Arthur 9 Rich.Eq. 397, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 Though a judgment confessed to secure future advances to the borrower himself, will, in Equity, be postponed to a subsequent bona fide judgment for a subsisting debt, except for such advances as had been made before the second judgment was obtained, yet a judgment confessed to secure existing debts which the plaintiff agrees to pay or assume to the...   Cases  
Walker v. Mitchell 18 B.Mon. 541, Court of Appeals of Kentucky (January 01, 1857) 1857 The appellant filed an ordinary petition in the Madison circuit court, stating that Mitchell (the appellee), on the _ day of _, 1850, forcibly took possession of a tract of land (which was described in the petition), of which the plaintiff was the owner for life, and kept possession of the same till about the 1st day of January, 1857; and during...   Cases  
Walker's Adm'r v. Walker 25 Mo. 367, Supreme Court of Missouri (July 01, 1857) 1857 1. Equitable relief cannot be given in a suit asserting a legal right and seeking its enforcement. 2. At law, the husband cannot make a gift direct to the wife; and though equity, where the intent is clear that she shall enjoy the property granted to her separate use, will, in such case, interfere, and constitute the husband a trustee, and compel...   Cases  
Wall v. Clark 19 Tex. 321, Supreme Court of Texas (January 01, 1857) 1857 On the death of the wife without children, the community property belongs to the surviving husband, and neither the county court nor the administrator of the wife can exercise any control over it; and it would seem that, in such case, the husband is not required to file an inventory and appraisement, under the fourth section of the act of August...   Cases  
Wall v. State 18 Tex. 682, Supreme Court of Texas (January 01, 1857) 1857 If the defendant, in a criminal case, would claim a continuance as a right under the constitution, to enable him to have process to compel the attendance of witnesses in his behalf, he must apply immediately or show good cause why he failed to do so. (Of course the circumstances under which the defendant is forced to trial, will be taken into...   Cases  
Wallace v. Canaday 4 Sneed (TN) 364, Supreme Court of Tennessee (April 01, 1857) 1857 The defendant in error brought this suit before a justice of the peace, to recover the value of a sack of flour, which was lost at the mill of the plaintiff in error. The justice gave judgment for the plaintiff: the defendant appealed to the circuit court, where the plaintiff again recovered. A new trial was refused, and the defendant prosecutes a...   Cases  
Walton v. Jordan 23 Ga. 420, Supreme Court of Georgia (August 01, 1857) 1857 An action of deceit may lie, notwithstanding the seller states that the property is unsound and refuses to warrant it on that account; still, to maintain a suit under such circumstances, the proof of fraud should be clear and unequivocal, especially where the purchaser enjoys equal opportunities with the seller, of judging of the condition of the...   Cases  
Walton v. Reager 20 Tex. 103, Supreme Court of Texas (January 01, 1857) 1857 This is a suit brought by Reager, administrator, against Walton and others, on a promissory note for nine hundred and four dollars. Defendants below plead a failure of consideration. To this plea a general exception is filed, which was sustained by the court. The ruling of the court deciding the plea to be defective, being excepted to, and assigned...   Cases  
Warner v. Norton 61 U.S. 448, 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 northern district of Illinois. It was an action of trespass brought by Norton, Jewett, & Busby, against Warner, for taking certain goods in a storehouse in the village of Lasalle. Warner justified the taking, as sheriff of Lasalle county, under certain...   Cases  
Warner v. Warner 4 George 547, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. CHANCERY: PLEADING: CERTAINTY IN.-Every fact necessary to complainant's right to recover, should be alleged in the bill with accuracy and clearness, and with certainty as to the eventual circumstances of time, place, &c.; uncertain and ambiguous allegations will be construed most strongly against the pleader. 2. HUSBAND AND WIFE: LIFE ESTATE IN...   Cases  
Watkins v. Hailey 5 Jones (NC) 27, Supreme Court of North Carolina (December 01, 1857) 1857 The only question in the case is, whether the plaintiff is entitled to recover full costs. It is contended that he is not, by force of the 78th section of the 31st chapter of the Revised Code, which enacts that, In actions on the case for slanderous words, and in actions of assault and battery, if the jury upon the trial of the issue, or enquiry...   Cases  
Watson v. Watson 22 Ga. 460, Supreme Court of Georgia (June 01, 1857) 1857 Was the instrument made by James B. Carter, a will, or a deed? The Court below held that it was a will. An instrument is a will, if it is not to take effect until after the death of its maker; a deed, if it is to take effect before his death. Whether an instrument is to take effect before the death of its maker, or not until afterwards, depends on...   Cases  
Weaver v. Fegely 29 Pa. 27, Supreme Court of Pennsylvania (January 01, 1857) 1857 In Pennsylvania two thousand pounds avoirdupois weight constitute a ton. Evans v. Myers, 1 Casey 114. The mere grant in the federal constitution to Congress to regulate weights and measures does not extinguish the right in the states over the same subject, until Congress shall have exercised the power conferred. Such alienation of state sovereignty...   Cases  
Webb v. Webb's Heirs 29 Ala. 588, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY BY HEIRS AT LAW OF DECEASED HUSBAND FOR REFORMATION AND SPECIFIC PERFORMANCE OF ANTE-NUPTIAL CONTRACT, AND INJUNCTION OF PROCEEDINGS AT LAW BY WIDOW FOR DOWER.] APPEAL from the Chancery Court of Limestone. Heard before the Hon. E. D. TOWNES.   Cases  
Webb v. White 18 Tex. 572, Supreme Court of Texas (January 01, 1857) 1857 Where an attorney at law had control of four several executions in favor of different clients, against the same defendant, who was insolvent, three of which executions, including this plaintiff's, were levied on 9,615 pounds of cotton, and the fourth was not so levied, being then only ordered out, and not yet in the sheriff's hands; and the said...   Cases  
Wessenger v. Hunt 9 Rich.Eq. 459, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 Where there is a bequest to one for life, and at her death to be equally divided amongst a class of persons, as my children and grand-children, all who come within the terms of description at the death of the tenant for life, whether in esse at the death of the testator or born afterwards, are entitled to take; and, if there be nothing in the...   Cases  
West v. Bolton 23 Ga. 531, Supreme Court of Georgia (November 01, 1857) 1857 [1.] An advancement to the parent is an advancement to the child. Therefore, when a testator who has made advancements to a deceased child, says in his will, that the children of that child, are to account for advancements made to them, he says in law, that they are to account for the advancements made to that child, their parent. [2.] The sayings...   Cases  
Whann v. Hufty 12 La.Ann. 280, Supreme Court of Louisiana (April 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Wheeler v. Hollis 19 Tex. 522, Supreme Court of Texas (January 01, 1857) 1857 It is objected on behalf of the appellee, that the appellant is not entitled to a revision of the judgment on the merits, because the statement of facts is imperfect. It however appears by the statement of facts what the missing document was; and in the view we entertain of the main question in the case, nothing which it could contain, being but an...   Cases  
Wheeler v. Piper 3 Jones Eq. 249, Supreme Court of North Carolina (June 01, 1857) 1857 The relation of the parties, and the dependent condition of the feme plaintiff at the time she executed the deed to her father, gives her a right, upon well-settled principles of equity, to have the defendant converted into a trustee. But the deed passed the title, and Equity does not proceed upon the idea that it is void, but that the party...   Cases  
Wheeler v. State 23 Ga. 292, Supreme Court of Georgia (August 01, 1857) 1857 Wheeler, the plaintiff in error, Anderson Hudgins, and Lumpkin Pruett, were all arrested for the offence, for which Wheeler was tried, and were all, at the same time, brought down the railroad, in irons, to Forsyth. Whilst on the way, Anderson Hudgins had conversations in the cars, with persons, in reference to the offence. What he said in these...   Cases  
Whitby v. Whitby 4 Sneed (TN) 473, Supreme Court of Tennessee (April 01, 1857) 1857 This was a bill for the specific execution of a contract for the purchase of a lot of ground in the town of Memphis. The bill was dismissed on the hearing, and the complainants appealed to this court. The complainants are the heirs at law of John Whitby, who died intestate in Shelby county in 1843; and the defendants are the children and heirs at...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Williams v. Cotten 3 Jones Eq. 395, Supreme Court of North Carolina (December 01, 1857) 1857 It is now a settled rule in this State, that if a mixed and indiscriminate fund of goods and other things is given as a residue to one for life, with a limitation over, it is the duty of the executor to sell the property, and pay the interest to the first taker during his life, keeping the principal for the remainderman; on the ground, that this is...   Cases  
Williams v. Talbot 12 La.Ann. 407, Supreme Court of Louisiana (May 01, 1857) 1857 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Williamson v. Downs 5 George 402, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. HUSBAND AND WIFE: RIGHT OF WIFE TO ANTICIPATE SURPLUS OF HER MORTGAGED PROPERTY.If, in a mortgage deed executed by a feme covert, to secure a debt then past due, it be stipulated, that any surplus remaining, on a sale of the property, should be paid to her, or her order, she may anticipate the surplus before a sale; and...   Cases  
Williamson v. Williams 3 Jones Eq. 446, Supreme Court of North Carolina (December 01, 1857) 1857 A court will not entertain the question of nullity of marriage on account of imbecility, incidentally, but will stay proceedings in the suit in which such issue is made, that it may be determined by a direct sentence in either a superior court of law or a court of equity. CAUSE removed from the Court of Equity of Mecklenburg county....   Cases  
Williamson v. Williamson 18 B.Mon. 329, Court of Appeals of Kentucky (October 06, 1857) 1857 The last will and testament of General James Taylor contains the following devise of land owned by him in Kenton county in this State: I direct twelve hundred acres of my Bank Lick tract (except the part hereinafter devised to my daughter Jane) be divided into four tracts or parcels, all of which shall be of equal value, as near as may be...   Cases  
Wilson v. Anthony 19 Ark. 16, Supreme Court of Arkansas (July 01, 1857) 1857 A bond payable after date without any stipulation for interest, does not bear interest until it is due: and so, if assigned, to be collected by the assignee and applied in payment of claims held by him against the assignor, the assignee cannot be held to account for interest until the maturity of the bond. Where there is a legal and equitable...   Cases  
Wilson v. Hendry 12 La.Ann. 244, Supreme Court of Louisiana (March 01, 1857) 1857 Appeal from the District Court of Tensas, Farrar, J.   Cases  
Wilson v. McConnell's Adm'rs 9 Rich.Eq. 500, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 Where a husband dies insolvent, his widow has the right to require his administrators to apply the personal estate to a specialty debt secured by a mortgage of land, given before the marriage, so as to subject the land to her claim of dower, discharged from the incumbrance of the mortgage. Where a copartner, having a separate estate, dies, the...   Cases  
Wilson v. Wilson 30 Ala. 670, Supreme Court of Alabama (June 01, 1857) 1857 [FINAL SETTLEMENT OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Pickens.   Cases  
Wittick v. Traun 31 Ala. 203, Supreme Court of Alabama (June 01, 1857) 1857 [CONTEST AS TO VALIDITY OF WILL.] APPEAL from the Probate Court of Dallas.   Cases  
Wolf v. Wolf 12 La.Ann. 529, Supreme Court of Louisiana (June 01, 1857) 1857 Appeal from the Fifth District Court of New Orleans, Augustin, J.   Cases  
Wood v. Chambers 20 Tex. 247, Supreme Court of Texas (January 01, 1857) 1857 The seventh and eighth instructions, complained of, are objectionable as calling the minds of the jury to particular parts of the evidence, and giving those parts undue prominence, instead of leaving the question of intention to be decided by them in view of all the circumstances of the case. The example of this objectionable mode of asking...   Cases  
Woodward v. Woodward 5 Sneed (TN) 49, Supreme Court of Tennessee (December 01, 1857) 1857 The complainant is the widow of Jesse Woodward, who departed this life in Dickson county, in February, 1856, and she seeks by this bill to enforce her rights, as widow, to dower, and a distributive portion of the estate of her deceased husband. It is attempted to repel her by force of an antenuptial marriage contract, alleged to have been entered...   Cases  
Wootten v. Wootten's Ex'or Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1857) 1857 I felt at first some difficulty in the construction of the will in this case, being inclined to the opinion, from the structure of the will, that the testator intended to preserve the devise to his two grandsons, Willis and Thomas Wootten, in that branch of his family, if either of them left issue. But if such was [*497]his intention, he has failed...   Cases  
Work v. Glaskins 4 George 539, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. HUSBAND AND WIFE: SEPARATE ESTATE OF WIFE: PROMISSORY NOTE PAYABLE TO THEM JOINTLY.In the absence of all proof to the contrary, the presumption is, that a promissory note, executed between the date of the Married Woman's Law of 1839, and the amendment thereto in 1846, and payable to husband and wife, domiciled in this State, is not the...   Cases  
Wornell v. Williams 19 Tex. 180, Supreme Court of Texas (January 01, 1857) 1857 The question is, whether there was error in the ruling of the court sustaining exceptions to the plea, and excluding evidence in support of it; and we are of opinion there was not. The substantive matter of the plea is, that the defendants became sureties for the purchaser of the property, in the expectation and confidence that the administrator...   Cases  
Wright v. Delafield 23 Barb. 498, Supreme Court, General Term, New York (February 12, 1857) 1857 Previous to November, 1835, Peter, John, Thomas and Collin Mitchell, Richard Carnochan, Thomas Vermilyea, B. W. Rogers, John Graham and Benjamin Marshall were interested in lands in Florida, known as Forbes & Co.'s purchase, and amounting to about 1,200,000 acres. Their title had been in dispute, but was confirmed by a decision of the supreme court...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Wright v. Delafield 23 Barb. 498 (February 12, 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 The case or administrative decision is no longer good law for at least one of the points it contains.
Wright v. Smith 19 Tex. 297, Supreme Court of Texas (January 01, 1857) 1857 Where the ground for attachment is that the defendant is about to remove out of the state, it is not necessary to add that the plaintiff will thereby probably lose his debt; such additional statement is only necessary where the ground is that the defendant is about to remove his property beyond the limits of the state. [17 Tex. 597.] None but an...   Cases  
Wright v. Wilson 11 Rich. 144, Court of Appeals of Law of South Carolina (December 01, 1857) 1857 B. having a patent for certain improvements in looms, assigned to A. with warranty, that the invention was original, and made upon an entirely new principle in mechanics never before patented. In an action of covenant by A. against B. in which the breaches were assigned, in the terms of the warranty, held, that the Court had jurisdiction of the...   Cases  
Wyatt v. Mansfield's Heirs 18 B.Mon. 779, Court of Appeals of Kentucky (January 01, 1857) 1857 As the defendants, James Mansfield and Jane Mansfield, were proceeded against as non-resident infants, it was irregular to render any judgment in the cause until a guardian ad litem had been appointed to defend for them. And as the suit was brought to sell real estate in which they had an interest, it was necessary, in order that the sale might be...   Cases  
Wyley v. Stanford 22 Ga. 385, Supreme Court of Georgia (May 01, 1857) 1857 (1) The Court is not bound to give in charge, a request not warranted by the evidence. (2.) The dismissal of a levy made on realty of the principal, by the plaintiff, in fi fa. does not prejudice the surety to the fi fa., and therefore does not discharge him. (3.) The Court told the jury, that the evidence on a particular point, was such, that it...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Wynn v. Garland 19 Ark. 23, Supreme Court of Arkansas (July 01, 1857) 1857 A simple or voluntary license is merely an authority, without reward or consideration to do a particular act or series of acts, on another's land without passing any interest or estate in the soil, and need not be in writing. Such license is revocable at the pleasure of the grantor; but its revocation will not be allowed, where the grantee has been...   Cases  
Yancey v. Stone 9 Rich.Eq. 429, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 The notes of evidence taken at the trial of a former suit between the same parties cannot be read at the trial of another action relating to the same subject matter. In such case, in order that the testimony given at the first trial may be proved at the second, it must appear that the witness is dead, or absent from the State, or kept away by the...   Cases  
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