TitleCitationYearSummaryMost RelevantTypeStatus
Hoover v. Wells 6 George 159, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 EXECUTOR AND ADMINISTRATOR: RECOVERY BY, ONLY ON TITLE OF DECEDENT.-In an action brought by an administrator, the plaintiff can only recover what belongs to him in his representative capacity.   Cases  
Hopkins v. Tilman 25 Ga. 212, Supreme Court of Georgia (March 01, 1858) 1858 When the question is one of fact purelythe soundness or unsoundness of the property at the time of saleand the case has been fairly submitted to the jury, their verdict will not be disturbed. Action for breach of warranty, from Merriwether county, tried before Judge BULL, at August Term, 1858. This was an action by William Hopkins...   Cases  
Horry v. Frost 10 Rich.Eq. 109, Court of Appeals of Equity of South Carolina (January 01, 1858) 1858 A covenant may be as obligatory when expressed by way of recital as if contained in the formal part of the agreement. F. covenanted to pay of the debts of H., deceased, a certain amount included in a statement referred to, and also one-seventh of any other debts not included in said statement through error or ignorance of the same. A decree was...   Cases  
Hose v. King 24 Ga. 424, Supreme Court of Georgia (January 01, 1858) 1858 According to the construction put upon the statute de donis, by the English Courts, as to real estate, the limitation, over in this will, is too remote and void. And that under the Act of 1821, as expounded by a majority of this Court, (myself dissenting,) in Gray vs. Gray, 20 Ga. Rep. 840. Cressy Engram, the daughter of the testator, took an...   Cases  
Howard v. York 20 Tex. 670, Supreme Court of Texas (January 01, 1858) 1858 The increase, during the marriage, of cattle which are the separate property of the wife, are community property. Appeal from De Witt. Tried below before the Hon. Fielding Jones. The facts appear from the opinion. It seems to be a well settled principle of law laid down by this court, that where separate property can be clearly and indisputably...   Cases  
Hoyle v. Smith 1 Head 90, Supreme Court of Tennessee (September 01, 1858) 1858 This case is to be decided upon the construction of the marriage contract entered into between the complainant and her husband, John Hoyle, on the 12th of February, 1829. The question is, as to the power of complainant, under that instrument. The rule laid down in Morgan c. Elam, 4 Yerg. 375-451, and followed in many cases since, is, that the...   Cases  
Hughes v. Jackson 12 Md. 450, Court of Appeals of Maryland (June 15, 1858) 1858 A case was continued under an agreement that it should be struck off at the next term, if not tried, and judgment for the defendant for costs. Subsequently to the next term, the plaintiff had leave to amend, and the defendant pleaded to the amended nar, and the case was carried on to judgment, without notice taken of the agreement. HELD: That the...   Cases  
Hughes v. Meredith 24 Ga. 325, Supreme Court of Georgia (January 01, 1858) 1858 Was the Court right in refusing to give the second, third, and fifth requests, in charge? As to the refusal to give the second, in charge. The law requires, that in every case, the testator must know the contents of the will; but in ordinary cases, the law will take his bare signature, as proof, that he does know them. This is not an ordinary case....   Cases  
Huguenin v. Legare & Colcock 11 Rich. 204, Court of Appeals of Law of South Carolina (January 01, 1858) 1858 Where factors, under a clear mistake as to the law, wrote to their principal that they had sold his cotton, when in fact there was a mere agreement to sell not binding under the statute of frauds, and authorized him to draw by reason of the sale-he having previously expressed a wish that his factors should never advance for him-and the cotton...   Cases  
Hunt v. Butterworth 21 Tex. 133, Supreme Court of Texas (January 01, 1858) 1858 Although it appears by the record that the court heard evidence, and thereupon dismissed the case, because it appears to the court that the plaintiff has no right to maintain his action herein, it is sufficiently apparent, that the court did not pronounce its judgment upon the merits of the case as disclosed by the evidence; for, had that been...   Cases  
Hunt v. Robinson 11 Cal. 262, Supreme Court of California (October 01, 1858) 1858 T commenced suit against J by attachment; the writ was levied upon certain personal property by the plaintiff H, as Sheriff. M J, wife of J, claimed the property as a sole trader and brought her action of replevin for the property and obtained possession of the same by the delivery of an undertaking as required by sec. 102 of the code. The...   Cases  
Hyman v. Bailey 13 La.Ann. 450, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
In re Bates Betts Scr.Bk. 574, District Court, D South Carolina (September 10, 1858) 1858 At law. On habeas corpus. Motion of R. T. Bates and others to be discharged from custody. Motion denied.   Cases  
In re Duty's Estate 27 Mo. 43, Supreme Court of Missouri (March 01, 1858) 1858 The administration act of 1845 provides that if, after letters of administration are granted, a will of the deceased be found and probate thereof granted, the letters shall be revoked and letters testamentary, etc., shall be granted; and though the same statute gives the right of appeal from the county to the Circuit Court on orders revoking...   Cases  
Inhabitants of Gardiner v. Inhabitants of Farmingdale 45 Me. 537, Supreme Judicial Court of Maine (January 01, 1858) 1858 A person, who has been from his birth non compos mentis and whose parents are deceased, may reside in a town (within the meaning of the statute,) so as to acquire a legal settlement therein; and if he shall continue to reside in a town for the term of five years together, after he is twenty-one years of age, without receiving any support as a...   Cases  
Intendant and Town Council of Livingston v. Pippin 31 Ala. 542, Supreme Court of Alabama (January 01, 1858) 1858 [ACTION AGAINST MUNICIPAL CORPORATION ON SPECIAL CONTRACT.] APPEAL from the Circuit Court of Sumter. Tried before the Hon. JOHN E. MOORE.   Cases  
Isom v. Mississippi Cent. R. Co. 7 George 300, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. CONSTITUTIONAL LAW: JURY: TRIAL BY: AS SECURED BY THE CONSTITUTION.-The provision of the 28th section of the Declaration of Rights, that the right of trial by jury shall remain inviolate, secures the right of a jury trial, in all cases, in the trial of which a jury was necessary, according to the principles of the common law. See Smith v....   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
James v. Clarke County 33 Ala. 51, Supreme Court of Alabama (June 01, 1858) 1858 [ACTION TO RECOVER STATUTORY PENALTY FOR FAILURE TO WORK ROAD.] APPEAL from the Circuit Court of Clarke. Tried before the Hon. THOS. A. WALKER.   Cases  
Jemison v. Gaston 21 Tex. 266, Supreme Court of Texas (January 01, 1858) 1858 It does not appear that there was no appraisement of the land in question prior to the sale. The deed recites the contrary, that there was such appraisement; and that is prima facie evidence of the fact. It was not necessary that it should appear by the records of the probate court; nor was it incumbent on the defendant to prove it; The court had...   Cases  
Jenkins v. Hall 4 Jones Eq. 334, Supreme Court of North Carolina (December 01, 1858) 1858 The bills, in these two suits, are filed for the same purpose, which is to obtain a construction of the will of Thomas L. Cowan, deceased, and then to have a settlement of his estate. The will is very inartificially drawn, and if the writer had any very definite idea as to the manner in which his large estate, consisting of almost every kind of...   Cases  
Jennings v. Parker 24 Ga. 621, Supreme Court of Georgia (March 01, 1858) 1858 The Court below held, that the will created an estate tail in Mrs. Parker. We think that it created in Mrs. Parker, only an estate for her life. The will is precisely like that in Jones vs. Jones, 7 Ga Rep. 76, from which it was no doubt copied; and that will was held to give only a life estate. The decision in that case, has not been reversed by...   Cases  
Johnston v. Cammack 13 La.Ann. 594, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of St. Martin, Voorhies, J.   Cases  
Johnston v. Howell 4 Jones Eq. 87, Supreme Court of North Carolina (June 01, 1858) 1858 Had the plaintiff given the refunding bond, which we think the defendant, as administrator of William F. Kelly, had a right to demand, he would have been responsible thereon, for the whole liability of John Kelly, in the contributions necessary for paying the outstanding debts due from the estate of the defendant's intestate. At least, such would...   Cases  
Johnston v. Johnston 13 La.Ann. 581, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of St. Martin, Voorhies, J.   Cases  
Jones v. State 13 La.Ann. 406, Supreme Court of Louisiana (July 01, 1858) 1858 Appeal from the District Court for the Parish of Claiborne, Drew, J.   Cases  
Jones v. Streeter 8 Fla. 83, Supreme Court of Florida (January 01, 1858) 1858 In a plea to an action on a promissory note, given for the purchase of an article, it is not sufficient to state that the article purchased was unsound and unfit for use, or that fraudulent misrepresentation respecting its character had been made by the seller; there must be a distinct allegation, going to show that the defendant had suffered a...   Cases  
Julienne v. Touriac 13 La.Ann. 599, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Keaton v. Cox 26 Ga. 162, Supreme Court of Georgia (June 01, 1858) 1858 [1.] In an action against several persons on a note signed by one of them as security, the judgment was against them generally, not specifying that it was against the latter as security, and the others as principals. Held, That this omission in the judgment, was not a ground for an illegality. [2.] Held also, That a failure by the...   Cases  
Keaton v. McGwier 24 Ga. 217, Supreme Court of Georgia (January 01, 1858) 1858 Was the testimony of Mrs. Jeffries admissible? The Court below held that it was not. The testimony of Mr. Jeffries, her husband, had been read by the complainant; and the only effect the testimony of Mrs. Jeffries, offered by the defendant, could have had, would have been, to discredit Mr. Jeffries. [1.] This being so, the testimony of Mrs....   Cases  
Keaton v. Scott 25 Ga. 652, Supreme Court of Georgia (June 01, 1858) 1858 A father's will contained these words: All the property hereby given to my daughters, is given to their sole and separate use, not subject to the debts or contracts of their husbands. Held, That these words restricted the power of alienation in a daughter, so far as to prevent her from mortgaging the property, to secure a note of...   Cases  
Kelly v. Smith 1 Met. 313, Court of Appeals of Kentucky (October 11, 1858) 1858 1. The partial or total failure of consideration, or even fraud between the antecedent parties to a bill of exchange, will be no defense to the title of a bona fide holder of the bill for a valuable consideration, at or before the time it becomes due, without notice of any infirmity in the bill. (Story on Bills, sections 14, 188, et passim; 2 Dana,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Kennedy v. Williamson 5 Jones (NC) 284, Supreme Court of North Carolina (June 01, 1858) 1858 A settlement of accounts between parties is presumed to have taken in all matters of charge and discharge, then due, on both sides. THIS was an action of ASSUMPSIT, tried before SAUNDERS, J., at the Special Term (February, 1858,) of Wayne Superior Court. The plaintiff declared for the price of boarding the defendant and his horse for a certain...   Cases  
King v. Talbert 7 George 367, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. WILL: RULE AS TO EFFECT OF VOID DIRECTION, ETC., ON THOSE OTHERWISE VALID.-The invalidity of any particular trust, limitation, or interest, created by a last will and testament, will not destroy the trusts and limitations, which are otherwise valid, unless the latter are so connected with those that are illegal and void, that it is impossible to...   Cases  
King v. Wilkins 11 Ind. 347, Supreme Court of Indiana (December 15, 1858) 1858 Replevin by King against Wilkins, to recover one wagon and two horses alleged to have been taken and detained by the defendant, as sheriff, upon an execution against one George McWood. Issues were made and submitted to a jury. Verdict for the defendant, upon which the Court, having refused a new trial, rendered judgment, &c. The property in contest...   Cases  
Knox v. Payne 13 La.Ann. 361, Supreme Court of Louisiana (June 01, 1858) 1858 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Lance v. Lance 5 Jones (NC) 413, Supreme Court of North Carolina (August 01, 1858) 1858 It is a general rule, that a conveyance of a life-estate in chattels, by deed, is a transfer of the whole interest, and no remainder can be limited after it. So, a grant or gift of chattels, by deed, with a reservation of a life-estate to the grantor, or donor, will pass nothing, because the lifeestate is the whole interest, and nothing remains for...   Cases  
Landry v. Klopman 13 La.Ann. 345, Supreme Court of Louisiana (June 01, 1858) 1858 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
Laparouse v. Rice 13 La.Ann. 567, Supreme Court of Louisiana (August 01, 1858) 1858 Appeal from the District Court of the Parish of Vermilion, Voorhies, J.   Cases  
Latham v. Fagan 6 Jones (NC) 62, Supreme Court of North Carolina (December 01, 1858) 1858 Where the money and property of an infant, without a guardian, was ordered by a decree of a County Court to be paid over to the clerk of that court, to be by him invested and managed, under the direction of the court, to the use of the infant, it was Held that such clerk and his sureties were liable on the official bond in force at the time of the...   Cases  
Lavigne v. Russ 7 George 326, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 ATTACHMENT FOR RENT: REPLEVIN BY A STRANGER.-If a stranger replevy property distrained for rent, under the provisions of the Act of 1822 (Hutchinson's Digest, 811, ยง 16), the landlord must allege in his avowry, and establish by proof on the trial, that the rent distrained for is due and in arrear. See Southall v. Garner, 11 Leigh. R. 372.   Cases  
Laycock v. Bird 13 La.Ann. 173, Supreme Court of Louisiana (March 01, 1858) 1858 Appeal from the District Court of the parish of East Baton Rouge, Beale J. Tried before a jury.   Cases  
Lewis v. Lusk 6 George 696, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 EXECUTOR AND ADMINISTRATOR: ESTATE NOT BOUND OR PREJUDICED BY THE ADMISSIONS OF THE ADMINISTRATOR.-An estate cannot be prejudiced or estopped by the mere silence of the administrator, or his omission to assert title for the estate, or to do an act in relation to its interest; and hence, in a controversy between the administrator and a third person,...   Cases  
Lewis v. Woodruff 15 How. Pr. 539, Supreme Court, General Term, New York (January 01, 1858) 1858 An attorney's authority under his simple retainer, should be held as between the plaintiff and defendant, not to allow him to satisfy the judgment, except upon actual payment in money of the full amount. The attorney for the plaintiff in this case, and the defendant, both acting in good faith, as to the supposed authority of the attorney, under his...   Cases  
Lewis v. Woodruff 15 How. Pr. 539 (January 01, 1858) 1858 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  
Little v. Barlow 26 Ga. 423, Supreme Court of Georgia (August 01, 1858) 1858 [1.] The old rule, that words spoken in disparagement of the character of a person, which are susceptible of two constructions, are to be understood in their milder sense, is exploded. They are now to be interpreted in the sense that a person of ordinary capacity who heard them spoken, would understand them. They must, generally impute a crime to...   Cases  
Little v. Birdwell 21 Tex. 597, Supreme Court of Texas (January 01, 1858) 1858 The district and probate courts may, in certain cases, have concurrent jurisdiction. 10 Tex. 83; 11 Tex. 102; 12 Tex. 140; 14 Tex. 232; 27 Tex. 659. Where questions of title are involved, or the decision of the case brings in question the construction of a will, it is proper to resort to the district court as the more appropriate tribunal to...   Cases  
Livesay v. Helms 14 Gratt. 441, Supreme Court of Appeals of Virginia (July 29, 1858) 1858 This cause is brought here by appeal from a decree of the Circuit court of Floyd county, in a suit wherein John Helms and wife (in right of the wife) were complainants, and Susannah Livesay and others were defendants, brought for an account and distribution of Peter Livesay's estate; he being dead intestate, and the parties being his next of kin...   Cases  
Livingston v. Livingston 24 Ga. 379, Supreme Court of Georgia (January 01, 1858) 1858 [1.] A certiorari may lie under the Constitution and the old law, although, not provided for, by any Act of the Legislature. [2.] Certiorari lies for error committed in a habeas corpus case before the Justices of the Inferior Court. [3.] In habeas corpus cases before the Justices of the Inferior Court, the Court does not expire with the delivery of...   Cases  
Lockhart v. Luker 7 George 68, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. WITNESS: HUSBAND AND WIFE: WIFE COMPETENT WITNESS FOR HUSBAND UNDER REV. CODE, ART. 190, p. 510.-The wife was excluded by the common law from being a witness for the husband, upon the ground that they were one person in law, and as the husband could not testify for himself, so the wife could not, her interest being identical with his; but by the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Looper v. Bell 1 Head 373, Supreme Court of Tennessee (December 01, 1858) 1858 The first error assigned for the reversal of the judgment in this cause is, the reading of the deposition of B. G. Hampton, because the justice of the peace who took it, did not certify that he was not interested in the event of the suit, nor of counsel or attorney to either party. This position has nothing in it for several reasons. In Blair v....   Cases  
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