TitleCitationYearSummaryMost RelevantTypeStatus
Boulard v. Calhoun 13 La.Ann. 445, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
Boyd v. Whitfield 19 Ark. 447, Supreme Court of Arkansas (January 01, 1858) 1858 The sale of a chattel for a fair price, in the absence of proof of an express warranty of title, creates an implied warranty: and though where a chattel passes through several hands, the vendee, who is dispossessed, must look to his immediate vendor, yet where a second or third vendee, by an arrangement with all the parties, assumes the payment of...   Cases  
Boykin v. Shaffer 13 La.Ann. 129, Supreme Court of Louisiana (February 01, 1858) 1858 Appeal from the District Court of the parish of Terrebonne, Roman, J.   Cases  
Brown v. Ayer 24 Ga. 288, Supreme Court of Georgia (January 01, 1858) 1858 [1.] If a defendant appeals from a verdict rendered against him and gives security, the defendant is bound for the whole and every part of the judgment which may be recovered on the appeal, while the security is bound for that part only which his principal cannot or does not pay. [2.] If the plaintiff receive of the defendant one half of the amount...   Cases  
Brown v. Gray 6 Jones (NC) 103, Supreme Court of North Carolina (December 01, 1858) 1858 Mere silence on the part of a vendor, who has knowledge of a latent defect in the article sold, renders him liable in an action for a deceit. Aliter, where the defect is patent. Where the appellant's bill of exceptions is so drawn up as not to show whether or not the Court below erred, he is not entitled to a venire de novo. ACTION on the CASE, for...   Cases  
Brown v. State 31 Ala. 353, Supreme Court of Alabama (January 01, 1858) 1858 [INDICTMENT FOR RETAILING.] From the Circuit Court of Perry. Tried before the Hon. C. W. RAPIER.   Cases  
Brown's Lessee v. Brown 12 Md. 87, Court of Appeals of Maryland (June 14, 1858) 1858 This is an appeal from a judgment of the Circuit Court for St. Mary's county, rendered upon a case stated, wherein the appellants sued the appellee, to recover certain land mentioned in the will of Clement Brown. The plaintiffs claimed as heirs at law of the deceased, and the defence was that this land had been effectively devised by the will, and...   Cases  
Bruton v. State 21 Tex. 337, Supreme Court of Texas (January 01, 1858) 1858 Under art. 518, sec. 3, Code Criminal Procedure, which requires that on a first application for a continuance the defendant must state the facts which are expected to be proved by the witness; and it must appear to the court that they are material, a defendant will not be permitted to select a fact abstractly indifferent, in regard to which he...   Cases  
Bryan & Co. v. Spruill 4 Jones Eq. 27, Supreme Court of North Carolina (June 01, 1858) 1858 A husband has a right to assign a legacy, or a distributive share, due to his wife, for the purpose of paying his debts, and if the assignee can reduce it into possession during the life-time of the husband, the wife, surviving, cannot recover it. An allegation that a deed was fraudulent, without setting out how, or on what account, or in what...   Cases  
Bryan v. Rooks 25 Ga. 622, Supreme Court of Georgia (June 01, 1858) 1858 A wife being entitled to a legacy, dies before the husband reduces it to possession, and the husband who survives his wife twelve months, dies without administering on her estate. A stranger administers on the wife's estate. Held, that the wife's estate vested in her husband, and that when her administrator receives it, he shall hold it in trust...   Cases  
Buckholts v. Buckholts 24 Ga. 238, Supreme Court of Georgia (January 01, 1858) 1858 The libel is put upon two grounds; cruel treatment, and incest. In support of the last ground, no proof whatever, was offered. The verdict was for the plaintiff, granting a total divorce, and disposing of the whole of the defendant's property, which was quite large. The motion for a new trial was put on a number of grounds, and the judgment...   Cases  
Bullitt v. Taylor 5 George 708, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 1. FRAUD AND FRAUDULENT CONVEYANCE: VOLUNTARY SETTLEMENT BY TRADER.A person engaged in trade may, for the purpose of protecting his family from the casualties and accidents of his business, and saving his property from the payment of debts thereafter to be contracted, make a voluntary settlement of his estate for the benefit of his wife and...   Cases  
Burney v. Ball 24 Ga. 505, Supreme Court of Georgia (January 01, 1858) 1858 [1.] Any amendment of a bill, however trivial and unimportant, authorizes a defendant, though not required to answer, to put in an answer, making an entirely new defence, and even contradicting his former. Under the Act of 1853, a bill or answer may be amended at any stage of the proceeding in matter of form or substance; and this is the right of...   Cases  
Cabell v. Cabell's Adm'r 1 Met. 319, Court of Appeals of Kentucky (October 11, 1858) 1858 1. Marriage, though in some respects a contract, is not within the constitutional interdiction of legislation impairing the obligation of contracts. (4 Wheaton, 518; 2 Kent's Com., 108; 8 Conn. Rep., 541; 7 Dana. 184; 3 B. Mon., 90; 9 Ib., 308.) 2. An act of the legislature, divorcing husband and wife, passed in 1840-1, with the assent and for the...   Cases  
Cahill v. Owens 3 Ohio Dec.Reprint 8, Probate Court of Ohio, Hamilton County (January 01, 1858) 1858 By the testimony in this case, it appears that about the last of August or 1st of September, 1854, Chas. S. Young drew a will for Thomas Owens, now deceased, in accordance with the form laid down in Swan's Treatise; that the same was then signed and sealed by said Owens, in presence of the said Young and Dr. W. A. F. Bauer, who were the subscribing...   Cases  
Cain v. Bunkley 6 George 119, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 1. HUSBAND AND WIFE: WIFE'S POWER TO MAKE A WILL.-A feme covert has no power to dispose by will, without the consent of her husband, of her separate estate, held under the laws of this State. See Davis v. Foy, 7 S. & M. 67;Frost v. Doyle, Ib. 68; Berry v. Bland, Ib. 83; Doty v. Mitchell, 9 S. & M. 435;Curll v. Compton, 14 S. & M. 58;Selph v....   Cases  
Cain v. Wright 5 Jones (NC) 282, Supreme Court of North Carolina (June 01, 1858) 1858 An action of trover, or any other action, ex delicto for damages, may be maintained by one of several tenants in common, unless the nonjoinder be pleaded in abatement, and the plaintiff recover his aliquot part of the damages, for the reason that damages are divisible. It is otherwise in the action of detinue. Treating it as an action ex...   Cases  
Cameron v. Watson 10 Rich.Eq. 64, Court of Appeals of Equity of South Carolina (January 01, 1858) 1858 A partnership had funds in Macon, Georgia, and one of the partners sent drafts for the amount to his agent in Georgia, with directions to invest them in cotton and send the cotton to him, and the agent, having received the amount, failed, whereby the funds were lost, Held, upon the evidence, that the loss should fall upon the partnership, and not...   Cases  
Camp v. Bancroft, Betts & Marshall 25 Ga. 74, Supreme Court of Georgia (March 01, 1858) 1858 The matter of the proposed amendment, was matter of substance. The amendment act of 1854, says, That plaintiffs and defendants, whether at law, or in equity, may in any stage of the cause, as matter of right, amend their pleadings in all respects, whether in matter of form, or matter of substance. This plaintiff, then, we think, had the right...   Cases  
Camp v. Bancroft, Betts & Marshall 26 Ga. 393, Supreme Court of Georgia (August 01, 1858) 1858 The only ground of illegality alleged in the affidavit is, that the mortgage on which the writ of scire facias was issued, has been enjoined and the mortgagees restrained from enforcing it, and that since the service of the injunction, the mortgage has been foreclosed, and on the judgment of foreclosure the execution was issued. On looking into the...   Cases  
Carothers v. Thorp 21 Tex. 358, Supreme Court of Texas (January 01, 1858) 1858 The limit which the decisions of this court have assigned to the right to plead in reconvention in our practice is, that the matter pleaded, or the damages claimed, must have grown out of, or be in some way connected with or incidental to the main action. Egery v. Power, 5 Tex. 501; Walcott v. Hendrick, 6 Id. 406; Cannon v. Hemphill, 7 Id. 184. The...   Cases  
Carroll v. Carroll 20 Tex. 731, Supreme Court of Texas (January 01, 1858) 1858 The effect of previous decisions is, that where one party sues out a writ of error, or perfects an appeal, the other may assign errors, and incorporate them in the record brought up by the plaintiff; this rule relieves the appellee, in such a case, from the necessity of giving bond. Where the proof was that husband and wife separated in 1829, and...   Cases  
Carroll v. Carroll 25 Ga. 260, Supreme Court of Georgia (March 01, 1858) 1858 Though a limination over in a will is void as against the statute prohibiting entails, yet a provision that the property shall be in a trustee for the sole use and benefit of the daughter and her bodily heirs, and prohibiting its sale for any other cause and purposes, is good and effectual as to the separate estate created thereby for the daughter...   Cases  
Carter v. Estes 11 Rich. 363, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 Where an executor or administrator may sue without mentioning his representative character he is liable for costs. For a conversion after the death of the intestate, the administrator may sue in trover without naming himself administrator, and he is therefore liable for costs even though he names himself administrator.   Cases  
Chaffe v. The St. Charles 13 La.Ann. 415, Supreme Court of Louisiana (July 01, 1858) 1858 Appeal from the District Court of the Parish of Caddo, Creswell, J.   Cases  
Chapman v. Chapman 32 Ala. 106, Supreme Court of Alabama (January 01, 1858) 1858 [ACTION AT LAW BY WARD AGAINST GUARDIAN.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. JOHN GILL SHORTER.   Cases  
Chapman v. Chapman 13 La.Ann. 228, Supreme Court of Louisiana (April 01, 1858) 1858 Appeal from the District Court of East Feliciana, Ratliff, J.   Cases  
Chicago & A.R. Co. v. Thompson 19 Ill. 578, Supreme Court of Illinois (April 01, 1858) 1858 This was an action on the case, brought to the November term, 1854, of the Kane Circuit Court. The declaration contains two counts essentially alike. The first count alleges, that on the 19th of January, 1854, the defendant was, and now is, a common carrier of goods and chattels for hire, from Aurora, in the county of Kane, to Earlville, in the...   Cases  
Churchill v. Corker 25 Ga. 479, Supreme Court of Georgia (June 01, 1858) 1858 [1.] Where the admission or exclusion of certain testimony cannot affect the real merits of the case, and no new trial is asked, the judgment of the Court below will not be reversed on account of any error as to the competency of said proof. [2.] The Act prohibiting attorneys from testifying in certain cases, (Cobb, 280,) does not apply, where the...   Cases  
City of New Orleans v. City of Baltimore 13 La.Ann. 162, Supreme Court of Louisiana (March 01, 1858) 1858 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
City of Richmond v. Daniel 14 Gratt. 385, Supreme Court of Appeals of Virginia (May 11, 1858) 1858 The shares of a rail road company are not liable to be taxed by the council of the city of Richmond, either under the charter of the city or § 19 of ch. 54 of the Code. This was an action of assumpsit brought by Peter V. Daniel, jr. against the city of Richmond, to recover back the sum of two hundred and twenty-two dollars and seventy-six...   Cases  
Clague v. City of New Orleans 13 La.Ann. 275, Supreme Court of Louisiana (May 01, 1858) 1858 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Clark's Ex'r v. Trail's Adm'rs 1 Met. 35, Court of Appeals of Kentucky (June 12, 1858) 1858 1. In inquest of lunacy, although conclusive evidence of the condition of the party at the date of the inquest, is only prima facie evidence of his condition at any subsequent period; being a mere presumption, it may be repelled by oral testimony. 2. The saving of the statute of limitations applies to the disability arising out of the unsoundness...   Cases  
Clark's Heirs v. Lusk 1 Met. 447, Court of Appeals of Kentucky (December 21, 1858) 1858 1. The effect of the exceptions to the jurisdiction of the court of appeals contained in section 16 of the Civil Code, relating to judgments or orders by quarterly, county, police, city, and justices' courts, is to prevent appeals from the final judgments of such courts to the court of appeals, where appeals are allowed from such courts to the...   Cases  
Cleghorn v. Love 24 Ga. 590, Supreme Court of Georgia (January 01, 1858) 1858 [1.] It is competent for a Court of Chancery to adjust, in one suit, the rights of all parties who complain of the breach of a trust growing out of the same transaction, when an investigation of one involves an enquiry into the other. [2.] If trustees to sell and pay debts, sell within a reasonable time for afair value, and apply the proceeds...   Cases  
Close v. Close 13 La.Ann. 590, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases  
Cogan v. Frisby 7 George 178, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. EVIDENCE: REGISTRATION: DEED OF GIFT OF PERSONALTY MAY BE RECORDED.-The second section of the Statute of Frauds, Hutch. Dig. 638, provides for the registration of deeds of gift of personal property, and gives efficacy and validity to such deeds when recorded, in certain important legal respects; and hence, a certified copy of such a deed, duly...   Cases  
Colbert v. Daniel 32 Ala. 314, Supreme Court of Alabama (January 01, 1858) 1858 [BILL IN EQUITY BY LEGATEE AGAINST EXECUTOR.] APPEAL from the Chancery Court of Barbour. Heard before the Hon. WADE KEYES.   Cases  
Coleman v. Coleman 10 Rich.Eq. 191, Court of Appeals of Equity of South Carolina (May 01, 1858) 1858 Furniture not included in the schedule to marriage articles, held, not to pass under general terms and provisions contained in the body of the instrument. Marriage articles covered certain property mentioned in the schedule, and provided that all property afterwards acquired by the wife, should be subject to the provisions of the instrument. Among...   Cases  
Collins v. Graves 13 La.Ann. 95, Supreme Court of Louisiana (February 01, 1858) 1858 Appeal from the District Court of the parish of Carroll, Farrar, J.   Cases  
Com. of Pennsylvania v. Ravenel 62 U.S. 103, Supreme Court of the United States (December 01, 1858) 1858 [MR. JUSTICE WAYNE DID NOT SIT IN THIS CAUSE.] THIS case was brought up by writ of error from the Circuit Court of the United States for the eastern district of Pennsylvania. It was an action brought by the State of Pennsylvania to recover the sum of $5,820.23, a collateral-inheritance tax, alleged to be due from the estate of Mrs. Kohne. It was...   Cases  
Commissioners of Public Buildings for Charleston Dist. v. Andrews 10 Rich.Eq. 4, Court of Appeals of Equity of South Carolina (January 01, 1858) 1858 An irregularity in suing in the names of the members composing the Board of Commissioners of Public Buildings, when the suit should have been in the name of the Attorney-General on the relation of the Plaintiffs, can only be taken advantage of by the Defendant himself and by plea in abatement. After pleading to the merits it is too late to make the...   Cases  
Commissioners of Roads v. Durant 11 Rich. 440, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 The Act of 1855, to establish the judicial district of Clarendon, appoints Commissioners, who, at the expense of the district, are to purchase a tract of land, upon which they shall lay out a village, to be called Manning:- Held, that it is the duty of the Commissioners thus appointed to lay out and open the streets, and that, until opened and...   Cases  
Commonwealth v. Drewry 15 Gratt. 1, Supreme Court of Appeals of Virginia (November 24, 1858) 1858 1. The act of March 15, 1856, Sess. Acts 1855-56, ch. 8, § 2, p. 8, extending the term of the sheriff from July 1, 1856, to January 1, 1857, is constitutional. 2. The act does not embrace two subjects in the sense of the constitution, article 4, § 16. 3. The sheriff elected in May 1854, executed his official bond and entered upon his...   Cases  
Conery v. Clark 13 La.Ann. 313, Supreme Court of Louisiana (May 01, 1858) 1858 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Conner v. Conner's Adm'r and Heirs 13 La.Ann. 157, Supreme Court of Louisiana (March 01, 1858) 1858 Appeal from the District Court of the parish of Tensas, Farrar, J.   Cases  
Conner v. State 25 Ga. 515, Supreme Court of Georgia (June 01, 1858) 1858 [1.] The rule stated, as to the taking down of testimony in cases of felony; and the use to be made of the same. [2.] An indictment or presentment good, although an impossible day be stated, as that on which the offence was committed. At any rate the objection comes too late after verdict. [3.] If jurors, to constitute a panel in a criminal case,...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Cooper v. Newell 7 George 316, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 CHANCERY: INJUNCTION.The defendant in an action of replevin, who has executed a bond to have the property forthcoming to abide the judgment of the court in that action, is entitled to an injunction, restraining, during the pendency of the replevin suit, the sale of the property under an execution against the plaintiff in replevin, although...   Cases  
Cope v. Savannah Mut. Loan Ass'n 24 Ga. 46, Supreme Court of Georgia (January 01, 1858) 1858 Deeds of mortgage are not included in the word conveyances, of the Act of 1826, to amend an Act, to enable feme coverts to convey their estate. Petition for dower, in Chatham Superior Court, Decision by Judge Fleming, August, 1857. This was an application by Mrs. Virginia Cope, the widow of John L. Cope, deceased, for dower in the...   Cases  
Crabtree v. Banks' Adm'r 1 Met. 482, Court of Appeals of Kentucky (December 31, 1858) 1858 1. Under the act of December 16th, 1857 (Session Acts, 1857-8, p. 2), a cross-petition is not allowed a defendant against his co-defendants, except for a cause of action affecting the subject matter of the main or original action. 2. In a suit in equity brought by a creditor of the estate of a testator against the devisees, to recover the debt due...   Cases  
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