| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Moore v. Winter |
27 Mo. 380, Supreme Court of Missouri (October 01, 1858) |
1858 |
No circumstances of aggravation are shown in this case, and the action is therefore to be regarded as one of trover in reference to the measure of damages (Walker v. Borland, 21 Mo. 289; Sedgwick on Dam. 558); and in such cases the plaintiff is generally only entitled to recover the value of the property, with interest. (Polk v. Allen, 19 Mo. 457.)... |
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| Morgan & Co. v. Cooper |
1 Head 430, Supreme Court of Tennessee (December 01, 1858) |
1858 |
On the 1st of July, 1857, the plaintiffs recovered seven different judgments against Wood and Hart, before a justice of Bedford county, amounting, in the aggregate, to upwards of $1,400. The name of Cooper, the defendant, was entered as stayor, by the justice, under authority of the following instrument, addressed to said justice: Mr. F. B. Price.... |
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Cases |
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| Morgan v. Jones |
24 Ga. 155, Supreme Court of Georgia (January 01, 1858) |
1858 |
[l.] Letters of administration on the estate of the deceased wife of a surviving husband, claiming property through her, are inadmissible, until property is proven in the wife. [2.] The affidavit of a party to a cause, that an original paper, of which he had the proper custody, was in his possession, that it had disappeared without his consent, and... |
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Cases |
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| Morris v. Lewis' Ex'r |
33 Ala. 53, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY FOR SPECIFIC PERFORMANCE OF CONTRACT.] APPEAL from the Chancery Court of Russell. Heard before the Hon. JAMES B. CLARK. |
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| Morrison v. Bean |
22 Tex. 554, Supreme Court of Texas (January 01, 1858) |
1858 |
We are of opinion that the court below erred in permitting the plaintiff to read in evidence, the copy of the mortgage from Morrison and wife to Wintz. The plaintiff did not show himself entitled to use a copy, instead of producing the original. His petition stated that the original mortgage was on file amongst the papers of another cause, in the... |
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Cases |
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| Muscogee R. Co. v. Neal |
26 Ga. 120, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] A plea to the jurisdiction comes too late, upon the appeal, there having been a trial at common law upon the merits. [2] The Act of 1854, Pamphlet p. 92, is constitutional; and is not repealed by the Act of 1856. Pamphlet p. 155. Notice for damages under the Act of 20th February, 1854, in Talbot Superior Court. This was a statutory proceeding... |
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| Nations v. Cudd |
22 Tex. 550, Supreme Court of Texas (January 01, 1858) |
1858 |
A discharge, by the employer, of an overseer, hired for a year, without fault on his part, entitles him to an action for damages, for that breach of the contract. Where the employer agreed to pay the overseer $400, and to furnish his family breadstuffs, for his services, and the proof showed that, after his discharge, he could not obtain... |
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Cases |
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| Neal v. Sullivan |
10 Rich.Eq. 276, Court of Appeals of Equity of South Carolina (November 01, 1858) |
1858 |
The assignee of a judgment takes it subject to the equity of the defendant to set off against the judgment any sums he may be compelled to pay in consequence of his subsisting liability as guarantor of a note of the plaintiff in the judgment |
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| Nesom v. D'Armond |
13 La.Ann. 294, Supreme Court of Louisiana (May 01, 1858) |
1858 |
Appeal from the Seventh District Court of the Parish of East Feliciana, Ratliff, J. |
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Cases |
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| Nichols v. McCall |
13 La.Ann. 215, Supreme Court of Louisiana (April 01, 1858) |
1858 |
Appeal from the Third District Court of New Orleans, Morgan, Judge of the Second District Court, presiding. |
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Cases |
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| Owen v. Brown |
13 La.Ann. 201, Supreme Court of Louisiana (March 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Carroll, Farrar, J. |
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Cases |
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| Parish of Bossier v. Steele |
13 La.Ann. 433, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Bossier, Drew, J. |
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Cases |
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| Parke v. Foster |
26 Ga. 465, Supreme Court of Georgia (August 01, 1858) |
1858 |
[1.] If illegal evidence be admitted to go to the jury without objection, it is no good ground for a new trial, especially where the effect is to benefit instead of injuring the party. Evidence may be objectionable for one purpose, and in one state of the pleadings, and yet admissible for another purpose, and in another state of the pleadings. [2.]... |
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Cases |
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| Parker v. Chambers |
24 Ga. 518, Supreme Court of Georgia (January 01, 1858) |
1858 |
[1.] A witness may be twice examined by the same party, by commission, in the same case. [2.] A witness cannot give his opinion or belief by assigning his reasons therefor, in cases where the opinion or belief is not admissible in evidence, without such reasons. [3.] Habits of business of a man not admissible to prove, from his conduct, whether the... |
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Cases |
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| Parker v. Johnson |
25 Ga. 576, Supreme Court of Georgia (June 01, 1858) |
1858 |
Most of the grounds taken in the motion for a new trial, are abandoned in this Court, by the plaintiff in error. We shall, therefore, refer to those only on which we place our reversal of the judgment in the Court below. [1.] At the time it was proposed to examine Dr. Harrison, one counsel on each side had to address the jury; the case was on its... |
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Cases |
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| Parmer v. Anderson |
33 Ala. 78, Supreme Court of Alabama (June 01, 1858) |
1858 |
[SLANDER FOR WORDS SPOKEN CHARGING LARCENY.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. S. D. HALE. |
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| Pass v. McRea |
7 George 143, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. CHANCERY: PRESUMPTION IN FAVOR OF JUDGMENT.-An order of the Chancery Court, allowing new parties to be made to a suit therein pending, will be presumed correct, unless the record show affirmatively to the contrary. 2. SAME: AMENDMENT: WHEN ORDER ALLOWING AMENDMENT REVIEWED IN THIS COURT.- This court will not review the judgment of the Chancery... |
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| Patrick v. Roach |
21 Tex. 251, Supreme Court of Texas (January 01, 1858) |
1858 |
The main question is, was the defendant responsible for the rents of the land, or for any part of them? The facts of this case are such as to show, in our opinion, that she is not responsible for the whole of the rent. Her husband, whom she represents both as administratrix and as sole heir, did not enter upon the land as lessee. He purchased at a... |
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Cases |
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| Pearce v. Bell |
21 Tex. 688, Supreme Court of Texas (January 01, 1858) |
1858 |
A party's right to amend his petition, notwithstanding an attachment has issued on it, is well established. A verdict which is deficient in not expressly finding one of the issues in the case, may be aided by the pleadings, so as to supply by intendment that which is not expressed in it, but which necessarily follows from that which is expressed,... |
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Cases |
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| Pearson v. Darrington |
32 Ala. 227, Supreme Court of Alabama (January 01, 1858) |
1858 |
[BILL IN EQUITY FOR SETTLEMENT OF ADMINISTRATION.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. |
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| Pemberton v. Lockett |
62 U.S. 257, Supreme Court of the United States (December 01, 1858) |
1858 |
THIS was an appeal from the Circuit Court of the United States for the District of Columbia. The facts are stated in the opinion of the court. The Circuit Court decreed that $14,230, (being the one-half of the sum of $28,460 awarded,) less five per cent., together with interest thereon from the 20th of June, 1855, and costs, be paid by Pemberton to... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Pennsylvania R. Co. v. Kelly |
31 Pa. 372, Supreme Court of Pennsylvania (January 01, 1858) |
1858 |
The Act 20th March 1845, forbidding the obstruction of the crossings of public streets, &c., is a general law, and applicable to a railroad company subsequently incorporated. Such obstruction being unlawful, the company are liable for any damages thereby occasioned; although the act imposes a specific penalty. If an injury result from such... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| People v. Carmichael |
5 Mich. 10, Supreme Court of Michigan (January 11, 1858) |
1858 |
This case comes before the court upon reservation, on motion for a new trial, from the Circuit Court for the county of Hillsdale. The questions presented arise upon exceptions taken at the trial. The defendant was indicted, under section 27, page 661, of the Revised Statutes (ยง 5737 of Compiled Laws), for mingling a quantity of poison, called... |
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| People v. Rogers |
4 E.P. Smith 9, Court of Appeals of New York (September 01, 1858) |
1858 |
The mere fact that a prisoner was in custody at the time of making declarations offered in evidence upon his trial, is not sufficient to exclude them where no threats, promises or other inducements to make a confession were held out to him. The voluntary intoxication of one who, without provocation, commits a homicide, although amounting to... |
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Cases |
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| Pettit v. Pettit |
32 Ala. 288, Supreme Court of Alabama (January 01, 1858) |
1858 |
[BILL IN EQUITY FOR SETTLEMENT OF ADMINISTRATION.] APPEAL from the Chancery Court of Franklin. Heard before the Hon. JOHN FOSTER. |
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| Pierson v. Hammond |
22 Tex. 585, Supreme Court of Texas (January 01, 1858) |
1858 |
Any writ which authorizes the officer to carry into effect the final judgment of a court, is an execution; and the claimant of property seized by virtue of an order of sale, is entitled to the same remedies, in asserting the claim, as exist under the levy of any other form of execution. APPEAL from Falls. Tried below before the Hon. John Gregg. The... |
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Cases |
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| Ponder v. Cox |
26 Ga. 485, Supreme Court of Georgia (November 01, 1858) |
1858 |
[1.] A defendant, who has allowed a judgment to go against him in a Court of Law, even under a misapprehension of his right to defend in that Court, cannot obtain relief against the judgment by injunction, if he has a remedy in a Court of Law, by a cross action, unless, he shows that the plaintiff in the judgment is insolvent, or is out of the... |
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Cases |
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| Ponton v. Wilmington & W. R. Co. |
6 Jones (NC) 245, Supreme Court of North Carolina (December 01, 1858) |
1858 |
A master is not liable, in damages, to one servant, for injuries arising from the negligence of a fellow-servant, engaged in the same employment, provided, he (the master) has taken reasonable care to associate him with persons of ordinary skill and care. ACTION ON THE CASE, tried before ELLIS, Judge, at the last Spring Term of Halifax Superior... |
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Cases |
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| Pool's Heirs v. Pool's Ex'r |
33 Ala. 145, Supreme Court of Alabama (June 01, 1858) |
1858 |
[CONTEST AS TO VALIDITY OF WILL.] APPEAL from the Probate Court of Dallas. |
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Cases |
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| Pope v. Anderson |
13 La.Ann. 538, Supreme Court of Louisiana (December 01, 1858) |
1858 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Porter v. Timanus |
12 Md. 283, Court of Appeals of Maryland (July 20, 1858) |
1858 |
This is an appeal taken on the 6th day of March 1855, from several orders and decrees of the orphans court for Howard county. The record shows that there were two orders passed on the 2nd of January 1855. These are not open for review under this appeal, and as to them the appeal must be dismissed, on the ground that it was not taken in thirty days,... |
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Cases |
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| Powell v. Burrus |
6 George 605, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. EXECUTOR AND ADMINISTRATOR: HIGH COURT: WHEN THE COURT WILL REVISE A DECISION OF THE COURT OF PROBATE ALLOWING COMMISSIONS.-This court will not interfere with the exercise of the discretion vested by law in the Probate Court, in the allowance of commissions to an administrator, except in case of its manifest and flagrant abuse. 2. SAME: CASES IN... |
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Cases |
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| Prewett v. Land |
7 George 495, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. HUSBAND AND WIFE: POWER OF WIFE TO CHARGE TRUST ESTATE.A married woman may charge in equity a trust estate secured to her, to the extent of her interest in it, but no further: and hence, if only the proceeds are settled to her use, she cannot charge or incumber the corpus of the estate. 2. TRUSTS AND TRUSTEE: WHEN A COURT OF EQUITY WILL... |
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Cases |
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| Price v. Brady |
21 Tex. 614, Supreme Court of Texas (January 01, 1858) |
1858 |
The rule that the maker of a negotiable note is not liable in garnishment, is based upon the fact that the note is by law negotiable, and on the liability of the garnishee to the holder of the note, whether he be known or not. 23 Tex. 508; 26 Tex. 283. A receipt given for promissory notes, for collection, to be accounted for to the holder of such... |
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Cases |
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| Price v. Price |
22 Tex. 334, Supreme Court of Texas (January 01, 1858) |
1858 |
Upon an issue as to the amount of money in defendant's possession on the 3d of November, 1857, to one-third of which plaintiff was entitled, by an agreement of the parties, made upon a decree of divorce, evidence that the defendant had, at different periods, extending back to 1850, before he came to this state, certain sums of money, of... |
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Cases |
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| Price v. Sanchez |
8 Fla. 136, Supreme Court of Florida (January 01, 1858) |
1858 |
1. There must be a record or inventory of the property acquired by a married woman in the Clerk's office of the county in which it is situated, within six months after its acquisition, to protect it from the husband's debts. 2. In the trial of the right of property asserted by a married woman through a purchase, there must be proof that it was made... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Provost's Heirs v. Provost |
13 La.Ann. 574, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the Parish of St. Mary, Voorhies, J. |
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Cases |
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| Prue v. Hight |
6 Jones (NC) 265, Supreme Court of North Carolina (December 01, 1858) |
1858 |
RALEIGH, January 11th, 1859. Dear Sir: Agreeably to your request, I have considered the case of habeas corpus, which was before you on Saturday, and my conclusion is, that the applicant cannot be discharged. The gentlemen of the bar put the case, I think, on its true point, namely, whether the County Court of Franklin had jurisdiction, so as to... |
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Cases |
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| Purnell v. Dudley |
4 Jones Eq. 203, Supreme Court of North Carolina (December 01, 1858) |
1858 |
The plaintiff's exception is allowed. Cotton seed is no more a part of plantation stock, than corn or wheat for seed, or, indeed, for provisions for the year, and it therefore belongs to the general residue. The executors do not appear to have claimed commissions before the master, and therefore he very properly did not allow them, and the... |
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Cases |
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| Raines v. Corbin |
24 Ga. 185, Supreme Court of Georgia (January 01, 1858) |
1858 |
The Court sustained the demurrer, and dismissed the bill. In doing so, was the Court right? This is the question. The argument in support of the bill, is put on two grounds, the will;-and the conduct of Mrs. Corbin, amounting as the argument insists, to an estoppel. As to the first ground: It is maintained by the counsel for the defendant, and not... |
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Cases |
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| Ratliffe v. Collins |
6 George 581, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
HUSBAND AND WIFE: WHEN PROPERTY PURCHASED BY THE WIFE, ON THE CREDIT OF THE JOINT NOTE OF HUSBAND AND WIFE, NOT LIABLE FOR HUSBAND'S DEBTS.Property purchased in good faith, by a feme covert who owns a separate estate, on the credit of the joint note of herself and husband, and which was actually paid for, without a resort to his means, is... |
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Cases |
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| Read v. Brown |
7 George 329, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
PROBATE COURT: JURISDICTION: ASSIGNMENT OF DISTRIBUTIVE SHARE.-The Court of Probates has no jurisdiction to determine, upon an assignment made by a distributee of his interest in an estate; and hence, cannot refuse distribution to him, upon the ground that he has made such assignment. |
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Cases |
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| Read v. Kirkwood |
19 Ark. 332, Supreme Court of Arkansas (January 01, 1858) |
1858 |
Upon a plea in abatement, in a suit by attachment, that the plaintiff did not file the bond required by the statute, etc., it appeared that a bond, sufficient in form, and approved by the clerk, executed under a power of attorney, was filed with the declaration: the bill of exceptions purporting to set out all the evidence, does not embrace the... |
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Cases |
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| Reed & Co. v. Crosthwait |
6 Clarke 219, Supreme Court of Iowa (June 16, 1858) |
1858 |
Where an execution plaintiff purchases at sheriff's sale, real estate which, at the time of the sale, was supposed to belong to the defendant, but to which he had no title, and the amount of the bid is credited upon the judgment, the plaintiff may recover back from the defendant the amount of the purchase money. Where in an agreed case, it appeared... |
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Cases |
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| Reynolds v. Cathens |
5 Jones (NC) 437, Supreme Court of North Carolina (August 01, 1858) |
1858 |
It is a well settled principle that one who obtains pessession from another, cannot by any words or act in which the other does not join, make his possession adverse, for the purpose of taking advantage of the statute of limitations. Upon this principle, a particular tenant who holds over after the expiration of his estate, is considered a a tenant... |
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Cases |
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| Reynolds v. City of Shreveport |
13 La.Ann. 426, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Caddo, Creswell, J. |
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Cases |
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| Reynolds v. Crook |
31 Ala. 634, Supreme Court of Alabama (January 01, 1858) |
1858 |
[BILL IN EQUITY BY BENEFICIARIES OF TRUST DEED TO ENJOIN SALE OF PROPERTY UNDER EXECUTION AGAINST GRANTOR.] APPEAL from the Chancery Court of Benton. Heard before the Hon. WADE KEYES. |
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Cases |
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| Rheubottom v. Sadler |
19 Ark. 491, Supreme Court of Arkansas (January 01, 1858) |
1858 |
Upon the death of the plaintiff in attachment before service of the writthe declaration, affidavit, and bond having been filed, and the writ issuedthe suit may be revived in the name of his executor, and alias writ issued, without a new bond or affidavit Where judgment is rendered against several defendantssome of them having... |
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Cases |
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| Rheubottom v. Sadler |
19 Ark. 496, Supreme Court of Arkansas (January 01, 1858) |
1858 |
Where one of several defendants dies before verdict, his death ought to be suggested upon the record; but the refusal of the Court to permit the suggestion to be made, is no cause for reversal or error, if the judgment be rendered against the survivors only. Error to Johnson Circuit Court. Hon. William H. Feild, Special Judge. The entry on the... |
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Cases |
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| Rice v. Rice |
21 Tex. 58, Supreme Court of Texas (January 01, 1858) |
1858 |
Improvements made after marriage, on land which is the separate property of the husband or wife, are to be accounted for as community property, unless it be proved that they were made with the separate means of one of the partners. It is no objection to an issue submitted by the court to the jury, that it is a mixed issue of law and fact; such are... |
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Cases |
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