TitleCitationYearSummaryMost RelevantTypeStatus
Flemming v. Richardson 13 La.Ann. 414, Supreme Court of Louisiana (July 01, 1858) 1858 Appeal from the District Court of Claiborne, Egan, J.   Cases  
Ford v. Simmons 13 La.Ann. 397, Supreme Court of Louisiana (July 01, 1858) 1858 Appeal from the District Court of the Parish of Caddo, Creswell, J.   Cases  
Forsey v. Luton 2 Head 183, Supreme Court of Tennessee (December 01, 1858) 1858 The contest here arises upon the construction of the will of William Jones, who died in the year 1844. The second clause of the will reads as follows: That all my perishable property, such as cattle, horses, hogs, etc., with the exception of a sufficiency for the support of the family, be sold by my executors, and all my honest debts paid out of...   Cases  
Garner v. Lyles 6 George 176, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 1. CHANCERY: PLEADING AND PRACTICE: DEMURRER: WHEN BILL GOOD AS TO ONE DEFENDANT, AND BAD AS TO ANOTHER.-When a bill is sufficient as to one of several defendants, it will not be dismissed on his demurrer, although it may be insufficient as to another defendant, who has not appeared and defended the suit. 2. SAME: FRAUDULENT GRANTEE IS EXECUTOR IN...   Cases  
Garner v. Prewitt 32 Ala. 13, Supreme Court of Alabama (January 01, 1858) 1858 [BILL IN EQUITY FOR SETTLEMENT OF PARTNERSHIP.] APPEAL from the Chancery Court of Franklin. Heard before the Hon. A. J. WALKER.   Cases  
Gassaway v. Hopkins 1 Head 583, Supreme Court of Tennessee (December 01, 1858) 1858 David Lessenberry died in Kentucky, in 1818 or 1819, leaving Lorania, his widow, and the complainants, his children and heirs. Shortly thereafter the widow intermarried with one Benjamin Gassaway. At the May term, 1820, of the County Court of Barren county, commissioners were appointed to lay off and allot to the said Lorania, her dower in the...   Cases  
Goddin v. Vaughn's Ex'r 14 Gratt. 102, Supreme Court of Appeals of Virginia (January 27, 1858) 1858 1. Upon a sale of real estate, whether at public or private sale, where nothing is said about the title, the purchaser is entitled to have a clear title with covenants of general warranty. 2. But where the sale is of such a character, and made under such circumstances, as fully and sufficiently to make known to the purchaser the exact nature of the...   Cases  
Godfrey v. State 31 Ala. 323, Supreme Court of Alabama (January 01, 1858) 1858 [INDICTMENT FOR MURDER.] From the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY.   Cases  
Golladay, Cheatham & Co. v. Bank of the Union 2 Head 57, Supreme Court of Tennessee (December 01, 1858) 1858 The Bank of the Union recovered a judgment against Golladay, Cheatham & Co., as the drawers, in Tennessee, of a bill of exchange for $1,200, upon Traber & Aubery, of Cincinnati, Ohio, in the Circuit Court of Davidson. Acceptance waived, was written upon the face of the bill. The errors assigned, are upon the charge of the court. The...   Cases  
Goodwyn v. Goodwyn 25 Ga. 203, Supreme Court of Georgia (March 01, 1858) 1858 This is the third time this case has been before this Court; and we regret to see and say, that no trial has been had upon the merits; upon the only issue really involved in the case. It was first up upon the statute of limitations (16 Ga. Rep. 114) and we then held, that upon the proof submitted, the statute did not bar the plaintiff's right to...   Cases  
Gordon v. Robertson 26 Ga. 410, Supreme Court of Georgia (August 01, 1858) 1858 The only persons who signed the appeal bond as sureties, are parties defendant in the cause, against whom the plaintiff had recovered a verdict. There was no attempt or offer to give any security, for the bond of these parties gave no additional guaranty to the plaintiff, or strength to the demand on which he had recovered the verdict. It was,...   Cases  
Governor v. Pearce 31 Ala. 465, Supreme Court of Alabama (January 01, 1858) 1858 [DEBT ON SHERIFF'S BOND.] APPEAL from the Circuit Court of Tallapoosa. Tried before the Hon. E. W. PETTUS.   Cases  
Graham v. Gautier 21 Tex. 111, Supreme Court of Texas (January 01, 1858) 1858 This case involves the rights and liabilities of medical practitioners, called in this country by the appellation of physicians. In England, physicians are a class of persons who have a diploma from a college of physicians, and are entitled to the honorary distinction of doctor of medicine. They could not maintain suits for their fees by the common...   Cases  
Graham v. Roberts 1 Head 56, Supreme Court of Tennessee (September 01, 1858) 1858 In the year 1849, Martha Wright sued Ridley Roberts and complainant, Jared H. Graham, as the administrator of John Graham, deceased, in the Circuit Court of Jackson county, Tennessee, in covenant. The writ was issued the 5th of July, 1849, and the original placed in the hands of the sheriff of Jackson county, and by him returned, on the same day,...   Cases  
Greer v. State 22 Tex. 588, Supreme Court of Texas (January 01, 1858) 1858 Where a section of a statute is amended, and the amendment is made in such terms that it stands in the stead of the said section, and by a subsequent act, the said section of the original statute is expressly repealed, the amendment, which was made to stand in its place is thereby repealed. An offense may be punished, either under the law in force...   Cases  
Gregory v. Van Vleck 21 Tex. 40, Supreme Court of Texas (January 01, 1858) 1858 The present bears no analogy or resemblance to the case of Womack v. Womack, 8 Tex. 397. The sale was not made in satisfaction of any liability of the wife, or any claim chargeable upon her separate estate, or for her benefit or that of her family; nor were the proceeds applied to any purpose beneficial to herself, her family, or her separate...   Cases  
Griffin v. Montgomery and West Point R. Co. 26 Ga. 111, Supreme Court of Georgia (June 01, 1858) 1858 To bind the principal by the admissions of his agent, they must be made at the time the thing occurs, or the business is transacted. 1 Greenleaf, sec. 713 and note, and the authorities there cited. The conductor is a competent witness in this case, and should have been examined. His sayings, made at a subsequent time, are no part of the res gestæ,...   Cases  
Griffin v. State 26 Ga. 493, Supreme Court of Georgia (November 01, 1858) 1858 [1.] The taking the impression of the key which unlocks the door of a storehouse, for the purpose of making or procuring a false key, with the intent of entering the house and stealing therefrom, is an attempt to commit larceny from the house, by the person taking the impression of the key, whether he intended to enter and steal, himself, or to...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Grist v. Forehand 7 George 69, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. GUARDIAN AND WARD: CONFLICT OF LAWS: GUARDIAN'S POWERS.-A guardian has no power over the property of his ward beyond the jurisdiction in which he received his appointment. See Story's Conflict of Laws, § 504, a. 2. SAME: RIGHT OF ADMINISTRATOR AND GUARDIAN TO SUE IN FOREIGN JURISDICTION.- The reduction into his possession by an administrator of...   Cases  
Groves v. Nutt 13 La.Ann. 117, Supreme Court of Louisiana (February 01, 1858) 1858 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Grumbles v. Sneed 22 Tex. 565, Supreme Court of Texas (January 01, 1858) 1858 These two causes are brought to this court, by appeals from the district court for Travis county. There is a single question in each of the cases. Both cases are precisely alike, in their facts, and we shall therefore treat them, for the purposes of this opinion, as one cause. The question presented to our consideration, and argued with great...   Cases  
Guignard v. Aldrich 10 Rich.Eq. 253, Court of Appeals of Equity of South Carolina (May 01, 1858) 1858 Upon the trial of a creditor's bill, filed to set aside a judgment confessed by the debtor, and certain purchases made by the plaintiff in that judgment of the debtor's property, at Sheriff's sale, and for an account from the plaintiff in the judgment, of all moneys received by him on the judgment, and from sales he had made of the property...   Cases  
Gunn v. Samuel's Adm'r 33 Ala. 201, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY BY CREDITOR AGAINST ADMINISTRATOR OF DECEASED WIFE.] APPEAL from the Chancery Court of Chambers. Heard before the Hon. JAMES B. CLARK.   Cases  
Gustine v. New Orleans Oil Mfg. Co. 13 La.Ann. 510, Supreme Court of Louisiana (December 01, 1858) 1858 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Hair v. Hair 10 Rich.Eq. 163, Court of Appeals of Equity of South Carolina (May 01, 1858) 1858 There are, it seems, but three causes for which alimony will be granted in this State: 1. For cruelty or saevitia. 2. For desertion, and 3. For obscene and revolting indecencies practiced in the family circle. Mere words of reproach or insult will not amount to saevitiathere must be actual violence inflicted or threatened. Desertion must be...   Cases  
Hale v. Marshall 14 Gratt. 489, Supreme Court of Appeals of Virginia (August 17, 1858) 1858 1. Upon the question whether land has been forfeited under the act of 1835 for the failure of the owner to have it placed upon the books of the commissioner of the revenue and pay the taxes due thereon, or whether it was within the exception to the second section of that act, it appears that a person under whom the defendant claims was in...   Cases  
Hamilton v. State 6 George 214, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 1. HIGH COURT: BILL OF EXCEPTIONS: RECORD.-It is no ground of reversal of a judgment, that the record does not show, that instructions asked for by the plaintiff in error were given or refused. 2. SAME.-If the bill of exceptions shows that a motion for a new trial was made in the court below, upon the ground that the jury disregarded the...   Cases  
Hancock v. Butler 21 Tex. 804, Supreme Court of Texas (January 01, 1858) 1858 Every part of an instrument should be harmonized and given effect to, if it can be done. If that cannot be done, and it is found that the deed contains inherent conflict of intentions, then the main intention, the object of the grant being considered, shall prevail. If a deed, or its parts, are equally capable of two constructions, one consistent...   Cases  
Hanks v. Dunlap 10 Rich.Eq. 139, Court of Appeals of Equity of South Carolina (May 01, 1858) 1858 The payee indorsed the note in blank and delivered it to B., his agent, to be discounted in Bank. B. owed W. for money lent to game with, and in consideration thereof, transferred the note to W. who, before it fell due, transferred it to D. one of the drawers, for value, and without notice: Held, that D. was entitled to the note.   Cases  
Harcum's Adm'r v. Hudnall 14 Gratt. 369, Supreme Court of Appeals of Virginia (May 11, 1858) 1858 H died in February 1820; and by his will, among other things, gave a tract of land and grist mill thereon, to his wife during her widowhood: and at her death or marriage the same was directed to be sold; but not until his youngest child came of age; and the proceeds of the sale he directed to be equally divided among all his children, to them and...   Cases  
Hardway v. Semmes 24 Ga. 305, Supreme Court of Georgia (January 01, 1858) 1858 If a mortgagee does not record his mortgage in three months, he risks having it postponed, to after-made mortgages, and to judgments obtained before he has foreclosed it; but this is all he risks. Garnishment, from Muscogee county. A summons of garnishment was issued, in an action brought by Robert S. Hardaway against Edward T. Taylor, directed to...   Cases  
Harper v. Barsh 10 Rich.Eq. 149, Court of Appeals of Equity of South Carolina (May 01, 1858) 1858 In a bill to foreclose a mortgage given to secure the payment of a bond, the plaintiff cannot recover beyond the penalty of the bond, although the principal and interest should largely exceed it. A mortgage with only one subscribing witness is void as a legal mortgage, and is not such an instrument the recording of which will raise the presumption...   Cases  
Harper v. Hill 6 George 63, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 1. CHANCERY: JURISDICTION: WILL NOT ENJOIN EXECUTION IN EJECTMENT, AT THE INSTANCE OF A STRANGER HOLDING PARAMOUNT TITLE.A court of equity will not, at the instance of the holder of the paramount legal title, restrain the execution of a writ of habere facias possessionem emanating from a judgment in ejectment between other parties: in such a...   Cases  
Harper v. Pierce 13 La.Ann. 340, Supreme Court of Louisiana (June 01, 1858) 1858 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
Harrington v. Moore 21 Tex. 546, Supreme Court of Texas (January 01, 1858) 1858 The court very properly instructed the jury that the power of attorney, from Simpson to Martin, did not authorize the latter to assign and transfer the notes to O'Hair. Language, in a letter of attorney, however general, when used in connection with a particular subject matter, will be presumed to be used in subordination to that matter, and is to...   Cases  
Harrison v. Jones 33 Ala. 258, Supreme Court of Alabama (June 01, 1858) 1858 [ACTION ON JUDGMENT--PLEA OF STATUTE OF NON-CLAIM.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. E. W. PETTUS.   Cases  
Haynsworth v. Frierson 11 Rich. 476, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 An administrator cannot maintain an action against a sheriff for the proceeds of chattels sold under an execution against the intestate lodged in his lifetime, even though there be no other assets, and there are funeral and other expenses of the last illness unpaid.   Cases  
Henagan v. Harllee 10 Rich.Eq. 285, Court of Appeals of Equity of South Carolina (November 01, 1858) 1858 A widow is entitled to dower in land mortgaged by her husband to secure the purchase money. In such a case, it is the duty of the executors to pay the mortgage debt out of the personal estate; and if, upon their failure to do so, the creditor should enforce his lien by sale of the land, the widow will be entitled to have her claim of dower therein...   Cases  
Henderson v. McVay 32 Ala. 471, Supreme Court of Alabama (January 01, 1858) 1858 [BILL IN EQUITY FOR INJUNCTION OF JUDGMENT AT LAW.] APPEAL from the Chancery Court of Lawrence. Heard before the Hon. A. J. WALKER.   Cases  
Henderson v. Simmons 33 Ala. 291, Supreme Court of Alabama (June 01, 1858) 1858 [FINAL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS.] APPEAL from the Probate Court of Talladega.   Cases  
Hendrickson v. Anderson 5 Jones (NC) 246, Supreme Court of North Carolina (June 01, 1858) 1858 Where an overseer employed upon a special contract for a year, was turned off by his employer during the year, in a suit upon the contract in which the plaintiff sought to recover the entire sum stipulated, it was Held that proof, that the overseer had engaged in other employment during the residue of the year for which he received wages, was...   Cases  
Heyward v. Chisolm 11 Rich. 253, Court of Appeals of Law of South Carolina (January 01, 1858) 1858 In trespass quare clausum fregit, under a plea of justification by reason of an alleged public highway over which defendant passed, and from which he removed obstructions, any public way, whether by land or water, and by whatever name called, may be shown. Adverse use by the public, for more than twenty years, with small boats and occasionally...   Cases  
Hicks v. Johnston 24 Ga. 194, Supreme Court of Georgia (January 01, 1858) 1858 When a deed or will settles property on a feme covert to her separate use and in no wise to be subject to the debts or contracts of her husband, the wife cannot dispose of the property for that purpose or authorize her husband to do it. Trover from Bibb. This was an action of trover by Timothy N. Hicks, trustee of Mrs. Francis Jane Bowen, against...   Cases  
High v. Worley 33 Ala. 196, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY FOR DISCOVERY IN AID OF ACTION AT LAW.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
High's Adm'r v. Worley's Adm'x 32 Ala. 709, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY AGAINST ADMINISTRATOR, FOR ACCOUNT, SETTLEMENT, AND DISTRIBUTION OF ESTATE.] APPEAL from the Circuit Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Hodges v. Chick 10 Rich.Eq. 178, Court of Appeals of Equity of South Carolina (May 01, 1858) 1858 The testator directed certain property to be sold, and the surplus of the proceeds to be equally divided in six parts, for the benefit of my six children, or the heirs of their bodies:held, upon the construction of the whole will, that the shares of two married daughters, were intended to be settled upon the same trusts, that property...   Cases  
Holderby v. Holderby 4 Jones Eq. 241, Supreme Court of North Carolina (December 01, 1858) 1858 The only case cited in support of the first position, is that of Chestnut v. Meares, 3 Jones' Eq. 416. But that turned on the peculiar provisions of the singular instrument, on which the question arose, and the main purposes of the instrument as declared in it, which would have been frustrated by a contrary construction. It has no application here,...   Cases  
Holliday v. Riodan 25 Ga. 629, Supreme Court of Georgia (June 01, 1858) 1858 The Judgment of the Court below must be reversed, on the ground that the affidavit is not sufficient in law, to entitle the complainant to the strong remedy he prays for. The bill alleges that the complainant entertains serious apprehensions that the property will be removed beyond the limits of the State, and that his rights as guardian and the...   Cases  
Holmes v. Barbin 13 La.Ann. 474, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of Avoyelles, Cullom, J.   Cases  
Hoover v. Miller 6 Jones (NC) 79, Supreme Court of North Carolina (December 01, 1858) 1858 As the verdict was found, all the points of evidence, as to what the supposed lease would have sold for, or as to its value, and the instructions relative thereto, are put out of the case, since it negatives the existence of any such lease. The only question, then, is, as to the effect of the inventory as evidence of the lease; and on that, the...   Cases  
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