TitleCitationYearSummaryMost RelevantTypeStatus
YAZOO CITY POST OFFICE CASE. 8 U.S. Op. Atty. Gen. 489 (March 02, 1857) 1857     Administrative Decisions & Guidance  
Young v. Leaird 30 Ala. 371, Supreme Court of Alabama (January 01, 1857) 1857 [BILL IN EQUITY TO SET ASIDE OR SPECIFICALLY EXECUTE AWARD.] APPEAL from the Chancery Court of Barbour. Heard before the Hon. WADE KEYES.   Cases  
Abby v. Billups 6 George 618, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. CORPORATION: HOW IT MAY CONTRACT WHEN NO MODE IS PRESCRIBED BY ITS CHARTER.Where no particular mode of contracting is prescribed by the charter of a corporation, it may contract, or authorize its agent to contract, by vote, written or unwritten. Express parol contracts made by its agent, are binding on it; and promises by it, may be...   Cases  
Abernathy v. Abernathy 8 Fla. 243, Supreme Court of Florida (January 01, 1858) 1858 1. For the removal of a husband as a trustee for his wife by statute, something more is required in consequence of the relation than in the case of an ordinary trustee. 2. In case of desertion by the husband, or of cruelty to the wife, the Court will intercept her estate which may come to his hands or in his possession so as to secure her...   Cases  
Ableman v. Booth 62 U.S. 506, Supreme Court of the United States (December 01, 1858) 1858 THESE two cases were brought up from the Supreme Court of the State of Wisconsin by a writ of error issued under the 25th section of the judiciary act. The facts are stated in the opinion of the court. 1. The process of a State court or judge has no authority beyond the limits of the sovereignty which confers the judicial power. 2. A habeas corpus,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Airs v. Billops 4 Jones Eq. 17, Supreme Court of North Carolina (June 01, 1858) 1858 Where the only person who ought to have been made a party defendant in a bill, was named as such--an injunction prayed--a fiat made and an injunction ordered and issued against him, in which fiat a copy of the bill and a subpna were ordered to issue, which was done, and the defendant came in and answered, and moved for the dissolution of the...   Cases  
Alexander v. Hundley 13 La.Ann. 327, Supreme Court of Louisiana (May 01, 1858) 1858 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Alexander v. Torrence 6 Jones (NC) 260, Supreme Court of North Carolina (December 01, 1858) 1858 It is unnecessary to notice many of the exceptions set out in the statement of the case; because the Court is of opinion that the defendant is entitled to a venire de novo upon the merits. To maintain the action, it was necessary for the plaintiff to prove an eviction by title paramount. There was sufficient evidence of an eviction; for the fact...   Cases  
Allan v. Vanmeter's Devisees 1 Met. 264, Court of Appeals of Kentucky (October 01, 1858) 1858 1. See in this case the particular terms employed to express the devises in a will to infants, and the general provisions thereof, by which the court say each infant devisee took a vested interest in the estate devised, and which passed to the father, as heir-at-law, upon the death of the infant; and refer to 6 Dana, 162; 7 B. Mon., 628; 12 Ib.,...   Cases  
Allen v. Allen's Adm'r 26 Mo. 327, Supreme Court of Missouri (January 01, 1858) 1858 There is nothing, in our opinion, in the objection made to the form of the account. Although the calculation of the interest is not made and the sum total placed at the foot of the account, the affidavit shows that both principal and interest were demanded. The judgment is for the principal and interest in conformity to the claim. The question in...   Cases  
Alston v. Davis 2 Head 266, Supreme Court of Tennessee (December 01, 1858) 1858 The question for our determination is, what interest does the defendant Rebecca Davis, take under the will of John Swancy; is it restricted to a life-estate, or does she take the absolute estate, subject to a contingent executory limitation over, in the event of her leaving children at her death? The will of the testator, after providing for the...   Cases  
Alston v. Grantham 26 Ga. 374, Supreme Court of Georgia (August 01, 1858) 1858 [1.] In a motion for a new trial, if the rule nisi states the charge differently from the charge itself, as written out by the Judge, and sent up with the record, this Court will be governed by the charge as written. [2.] The assertion of title by the plaintiff in the absence of the defendant to the property in dispute, is inadmissible as evidence....   Cases  
Anderson v. Dunn 19 Ark. 650, Supreme Court of Arkansas (January 01, 1858) 1858 A plea, in replevin, that the property in dispute is in the succession of A., and not the property of the plaintiff, without naming the persons in succession of A., is good on demurrerthe allegation, that it is in the succession of A., being matter of inducement to the traverse of the plaintiff's title, and not an issuable allegation. A...   Cases  
Andrews v. Avory 14 Gratt. 229, Supreme Court of Appeals of Virginia (February 16, 1858) 1858 1. Administration granted where the deceased lived and died out of the state, and left no estate within it, is not void. 2. An administrator appointed in Virginia, whose intestate lived and died in North Carolina, and left no estate in Virginia, goes to North Carolina, and without qualifying there, takes possession of the assets, and brings them to...   Cases  
Andrews v. Bonner 26 Ga. 520, Supreme Court of Georgia (November 01, 1858) 1858 The following is the sixth item of the will of James Bonner, deceased: I give and bequeath to my daughter, Nancy C. Bonner, now Nancy C. Andrews, and the legitimate heirs of her body, the following property, to-wit: A woman named Polly and her three children, viz., Mary, Susan and Ellen; also, Big Mary, having given her a mare, saddle and bridle,...   Cases  
Andrews v. Lynch 27 Mo. 167, Supreme Court of Missouri (March 01, 1858) 1858 This case was submitted to the jury upon instructions asked by the defendant, and the verdict being against him, he has certainly no right to complain of the instructions given. The third instruction he asked was properly refused, as the circumstance alluded to in that instruction was in evidence before the jury, and it was not the province of the...   Cases  
Apperson v. Smith 5 Sneed (TN) 372, Supreme Court of Tennessee (April 01, 1858) 1858 1st. The act of 1805, ch. 66, sec. 4, (C. and N. Rev. 295), requires the clerk to certify that the magistrate who granted the judgment, and issued the execution, was, at the time an acting justice of the peace in his county. In this case this is not done. The clerk only certifies as to the official character of Wiseman, the justice, at the date of...   Cases  
Augusta and Savannah R. Co. v. McElmurry 24 Ga. 75, Supreme Court of Georgia (January 01, 1858) 1858 [1.] If in a proceeding against a Railroad Company, it is alleged that the injury complained of was committed on a different day from that shown by the proof, the variance is not fatal. [2. and 3.] The law requiring blow posts to be erected by Railroads, at the distance of two hundred yards from crossings, signals to be given of the approach of...   Cases  
Bailey v. State 26 Ga. 579, Supreme Court of Georgia (November 01, 1858) 1858 A defendant pleading former acquittal, must show a record of acquittal. If on an indictment for murder, the defendant excepts to the judgment of the Court, and obtains a new trial, on a verdict of guilty of manslaughter, the whole record of acquittal is set aside, and there is nothing to support the inference of acquittal of murder. Murder, in...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Baker v. Pender 5 Jones (NC) 351, Supreme Court of North Carolina (June 01, 1858) 1858 Without entering into the question whether the word then is an adverb of time, or a mere relative adverb, about which much is to be met with in the books, we are satisfied that the words at her decease fix the happening of that event as the time at which the limitation over must take effect, if it takes effect at all; and consequently,...   Cases  
Barbee v. Wimer 27 Mo. 140, Supreme Court of Missouri (March 01, 1858) 1858 1. Debts contracted by a husband, after property has come into the possession of his wife by descent, etc., may be enforced against that property. It is not exempted from execution by the act of March 5, 1849. (Sess. Acts, 1849, p. 67.) Appeal from St. Louis Court of Common Pleas. This was an action in behalf of Elvira Barbee to recover damages for...   Cases  
Barker v. Swain 4 Jones Eq. 220, Supreme Court of North Carolina (December 01, 1858) 1858 Where a bill is filed by one in possession of a fund which he alleges is claimed by two persons whom he calls upon to interplead and settle the matter of right between them, so that he may be indemnified, shows, affirmatively, that neither of the defendants is entitled to the money, a demurrer by one of them will be sustained which will virtually...   Cases  
Barksdale v. Finney 14 Gratt. 338, Supreme Court of Appeals of Virginia (April 11, 1858) 1858 1. The president and acting manager of a private corporation is trustee in a deed of marriage settlement; and as trustee he sells the trust property, in violation of his duty as trustee, and purchases a part of it for the corporation. The corporation is a participator in the violation of the trust, and liable therefor. 2. The cestuis que trust...   Cases  
Barnett's Adm'r v. Barnett's Adm'r 1 Met. 254, Court of Appeals of Kentucky (September 25, 1858) 1858 1. A widow, who renounced her husband's will under the act of 1797 (2 Stat. Law, 1544), has no right to consider as personal estate lands which by the will were directed to be converted into money and paid over to the devisees. Although this direction of the will impressed upon the lands the character of personal property, under the doctrine of...   Cases  
Barr v. Haseldon 10 Rich.Eq. 53, Court of Appeals of Equity of South Carolina (January 01, 1858) 1858 Where the bill of an executor, or other representative, who has no means of knowing the facts, states a case within the jurisdiction, and prays discovery, specific and general relief, and the answer, denying the facts as stated, discloses a case in which the remedy is properly at law, the Court may nevertheless sustain the bill and decree for...   Cases  
Barron v. Alexander 27 Mo. 530, Supreme Court of Missouri (October 01, 1858) 1858 1. Where a vendor knows the existence of a latent defect in an article sold by him, and sells the same for a sound price, without disclosing the defect to the vendee, he is guilty of a fraud; such fraud may be set up as a defense to an action founded on a note given for the price of the article sold; it is not necessary that there should be any...   Cases  
Barrow v. Shields 13 La.Ann. 57, Supreme Court of Louisiana (January 01, 1858) 1858 Appeal from the District Court of the parish of Terrebonne, Cole, J.   Cases  
Bartee v. James 33 Ala. 34, Supreme Court of Alabama (June 01, 1858) 1858 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Chambers.   Cases  
Bearden v. Smith 11 Rich. 554, Court of Appeals of Law of South Carolina (December 01, 1858) 1858 By written contract, not under seal, S. acknowledged himself to owe or to forfeit to B., one hundred dollars, if there should be default made in the condition underwritten, which was that S. should, by a certain day, put B. in possession of a certain house and lot:-Held, that the one hundred dollars was a penalty and not liquidated damages.   Cases  
Beasley v. Jenkins 2 Head 191, Supreme Court of Tennessee (December 01, 1858) 1858 The questions in this cause arise upon the construction of the will of Nimrod Jenkins, who died in Rutherford county, in August, 1837. The fifth item of the will is as follows. I give all the balance of my land to my brother, Hiram, during his natural life; and, at his death, my will is that all my lands be sold--except what I have given above...   Cases  
Beck v. Beck 7 George 72, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. CHANCERY: PRACTICE: DEMURRER NOT PROPER TO PLEA OR REPLICATION.-A demurrer to a plea or replication in chancery, is not the proper mode of testing its sufficiency; the established practice is, to set down the plea or replication for hearing. 2. SAME: PLEADING: PLEA IN ABATEMENT.-The same strictness in framing pleas in abatement is required in...   Cases  
Belk v. Massey 11 Rich. 614, Court of Appeals of Law of South Carolina (November 01, 1858) 1858 Where a deed of land is recorded after the time prescribed by law, notice will be presumed from the time it is recorded. Possession after an absolute conveyance of land is a badge, but not conclusive evidence, of fraud. The facts reviewed and the verdict held not to be so clearly against the evidence, that the Court would be justified in setting it...   Cases  
Bell v. Morrisett 6 Jones (NC) 178, Supreme Court of North Carolina (December 01, 1858) 1858 Evidence of the nature of that given on the part of the plaintiff, is natural evidence on the question of the health of the person declaring his symptoms and sufferings; and they are admissible from necessity; Roulhac v. White, 9 Ire. Rep. 63. Of course, they are only evidence of the condition of the person at the time they are made. The objection...   Cases  
Belote v. State 7 George 96, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. EVIDENCE: ACTS DONE IN CONSEQUENCE OF INADMISSIBLE CONFESSION, ARE COMPETENT EVIDENCE.Whether confessions improperly obtained, and which are verified and corroborated by facts and circumstances afterwards found to be in accordance with the statement of facts made in the confession, are admissible in evidence on account of the...   Cases  
Belouguet v. Lanata 13 La.Ann. 2, Supreme Court of Louisiana (January 01, 1858) 1858 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Bentley v. State 32 Ala. 596, Supreme Court of Alabama (June 01, 1858) 1858 [INDICTMENT FOR GAMING.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Berthlett Jones & Co. v. Folsom 21 Tex. 429, Supreme Court of Texas (January 01, 1858) 1858 The unexplained understanding of one witness, and the hearsay of another, not developing the particulars of a change in title to property from one person to another, and where no notoriety or publicity was given to the transaction, and was never acted on by the parties, not sufficient to establish such a change. It is the policy of the law to...   Cases  
Bigby v. Powell 25 Ga. 244, Supreme Court of Georgia (March 01, 1858) 1858 This case was before this Court at February Term, 1854. It came up then on an exception to the decision of the Court below, allowing the defendant in that Court to enter up a judgment, nunc pro tunc, on the verdict which had been rendered in his favor, this Court having reversed the judgment of the Court below, which had granted a new trial in said...   Cases  
Billingslea v. Ware 32 Ala. 415, Supreme Court of Alabama (January 01, 1858) 1858 [BILL IN EQUITY TO OPEN SETTLEMENT OF PARTNERSHIP ACCOUNTS.] APPEAL from the Chancery Court at Montgomery. Heard before the Hon. WADE KEYES.   Cases  
Birch v. Benton 26 Mo. 153, Supreme Court of Missouri (January 01, 1858) 1858 I. To say of a man that he whipped his wife is not actionable. The first and third counts contain words making this charge alone. Defendant's fourth instruction should have been given. II. The words as charged must be proved, or a sufficient number of them to contain the charge must be proved. It is not sufficient to prove equivalent words. The...   Cases  
Bivingsville Cotton Mfg. Co. v. Bobo 11 Rich. 386, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 A judgment confessed by one partner in the name of the firm may be ratified by the other partner so as to make it valid, and the same rule applies to a corporation where the charter makes the corporators liable as partners. The evidence examined and held sufficient to shew the ratification of such a judgment.   Cases  
Black v. McAulay 5 Jones (NC) 375, Supreme Court of North Carolina (June 01, 1858) 1858 It is settled, that when a limitation over is made, if the taker of the first estate, dies before arriving at full age, or without children, the word or is construed to mean and, so that the limitation over does not take effect, unless both contingencies happen, and the first estate becomes absolute upon the happening of either; 2 Fearne, 97,...   Cases  
Blackwell v. Ridgill 10 Rich.Eq. 341, Court of Appeals of Equity of South Carolina (November 01, 1858) 1858 The testator, by his will, which was in one paragraph, without dot, division or mark of punctuation, first devised and bequeathed to his brother, J. R., who resided with him, some real and personal estate, and then declared as follows: I give and bequeath to my wife M. all the lands where I now reside on I also give to my wife M all of my personal...   Cases  
Blackwell's Adm'r v. Blackwell's Distributees 33 Ala. 57, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY FOR DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Blair v. Marks 27 Mo. 579, Supreme Court of Missouri (October 01, 1858) 1858 The validity of the title in dispute in this case depends mainly upon questions of fact. The controversy turns principally upon the ascertainment of the true location of the southwest corner of the tract conveyed by Chouteau to Merriwether Lewis. Whether this corner was fixed by Chouteau in what is now known to be the eastern line of the common...   Cases  
Block v. Cross 7 George 549, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. HUSBAND AND WIFE: JURISDICTION OF THE WIFE, AS TO HER SEPARATE ESTATE. Where the instrument creating a separate estate in a married woman (in cases not governed by the statutes of the State on that subject) is silent, as to her power of disposition over it, neither restricting it, nor prescribing the mode in which it is to be exercised,...   Cases  
Blount v. Hawkins 4 Jones Eq. 161, Supreme Court of North Carolina (December 01, 1858) 1858 The first exception is, that the commissioner has allowed the tenant for life, interest, paid by her on certain debts of the testator accrued before and after his death. This exception is founded upon the following clause of the testator's will: In the first place, I do hereby devise all my estate, both real and personal, to my wife, Elenor...   Cases  
Blue v. Penniston 27 Mo. 272, Supreme Court of Missouri (July 01, 1858) 1858 Upon a more careful examination of the case since the argument, we have not been convinced of the propriety of excluding the testimony offered to show the true date of the plaintiff's debt. The evidence, it is conceded, was competent, and the only ground of its exclusion was irrelevancy. This is rather unsafe ground when the question at issue is...   Cases  
Board of Sup'rs of Ramsey County v. Heenan 2 Minn. 330, Supreme Court of Minnesota (December 01, 1858) 1858 The defendant is the register of deeds of Ramsey county, and this is an application for a peremptory writ of mandamus to compel him to deliver to the board of supervisors certain books and papers relating to the taxes of the county. The application is made under ยง 9 of the act of August 13, 1858, p. 206, Laws 1858. Against the issuing of the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Boone v. Pelichet 13 La.Ann. 203, Supreme Court of Louisiana (March 01, 1858) 1858 Appeal from the District Court of the Parish of Iberville, Beale, J.   Cases  
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