| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Ridgley v. The Reindeer |
27 Mo. 442, Supreme Court of Missouri (October 01, 1858) |
1858 |
1. The forty-second section of the act concerning boats and vessels (R. C. 1855, p. 313), providing that suits to enforce liens in any other than the first class shall, in St. Louis county, be commenced within six months, does not apply to causes of action that had accrued more than six months previous to the first of May, 1856--the day the Revised... |
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| Rives v. Weaver |
7 George 374, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. MAINTENANCE: CHAMPERTY.-The officious intermeddling by a person, in a suit which does not belong to him, by maintaining or assisting a party with money, to prosecute or defend it, tends to keep alive strife and contention, and perverts the remedial process of the law into an engine of oppression; and is, therefore, against public policy, and... |
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Cases |
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| Roane v. Bank of Nashville |
1 Head 526, Supreme Court of Tennessee (December 01, 1858) |
1858 |
Six bills were filed by the creditors of Samuel G. Hays, against the Bank of Nashville and others, to impeach and set aside for fraud, two deeds of trust made by said Hays, covering all his property of the value of about $60,000, as alleged, to Edmund Cooper, as trustee to secure the debts specified in said deeds. These bills were consolidated and... |
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Cases |
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| Robertson v. Johnston |
24 Ga. 102, Supreme Court of Georgia (January 01, 1858) |
1858 |
Seldom has the same amount of legal learning and ability been exhibited in this Court, as in the argument of the case at bar, and yet after all, it must be confessed, that the decision must depend mainly, if not entirely, upon the meaning of a single word, in the 5th item of the testator's will. The following are the two items of the will of James... |
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Cases |
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| Robinson v. Mason |
27 Conn. 270, Supreme Court of Errors of Connecticut (March 01, 1858) |
1858 |
Where, on a disclosure of a garnishee, cited in on the original process, the superior court made a finding of the facts, and reserved for the advice of this court the question whether, on the facts, the garnishee ought to be found indebted, this court refused to consider the case, because the finding as to such indebtedness would not be definitive,... |
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Cases |
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| Robison v. Beall |
26 Ga. 17, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] That the bills of a bank are below par does not make their circulation illegal. [2.] Though the holder of the bills of a bank obtains them at a discount, he may collect them in full. [3.] It is no defence to the parties to a note, when sued by the holder, that he has made a champertous agreement in reference to the note, with the attorney... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Rogers v. Boyd |
33 Ala. 175, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY BY HUSBAND, AGAINST ADMINISTRATOR OF DECEASED WIFE, TO SUBJECT SEPARATE ESTATE TO PAYMENT OF DEBTS.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Roy v. Bremond |
22 Tex. 626, Supreme Court of Texas (January 01, 1858) |
1858 |
This was a suit by the defendant in error, against the plaintiffs in error, upon a note and mortgage, executed in consideration of the balance due on a judgment in favor of Bremond, the defendant in error, against F. S. Roy, one of the plaintiffs in error. There was judgment by default, a writ of inquiry awarded by the court below, and the verdict... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Sawyer v. Boyle |
21 Tex. 28, Supreme Court of Texas (January 01, 1858) |
1858 |
The property in controversy certainly belonged to B. Ward before his death in the state of Arkansas. It was administered upon there by his son, S. Ward, as a part of his estate, and upon a distribution thereof, it was received from the administrator by Nathaniel Trammell, and in that state and in this, retained by him from that time, which was in... |
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Cases |
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| Schindel v. Schindel |
12 Md. 294, Court of Appeals of Maryland (July 20, 1858) |
1858 |
The acts of 1841, ch. 161, 1842, ch. 293, and 1853, ch. 245, relating to the rights of married women, simply protect the property of the wife from the debts of the husband during her life, but in no other way interfere with his marital rights and control over it. The provision of the constitution, that the Legislature shall pass laws... |
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Cases |
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| Schindel v. Schindel |
12 Md. 108, Court of Appeals of Maryland (June 15, 1858) |
1858 |
A wife living in a state of separation from her husband, cannot be regarded as his agent, and has no authority to bind him by any contract, except for necessaries: she cannot authorize another to enter his house, and take therefrom the household furniture. The object of the recent acts of Assembly of this State, in reference to the property of... |
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Cases |
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| Seevers v. Hamilton |
6 Clarke 199, Supreme Court of Iowa (June 17, 1858) |
1858 |
Where an attorney recovers a judgment in his own name, on a note or claim sent to him for collection, and the amount of which is made out of property of the defendant, and paid over to the client, the attorney, upon being subsequently compelled to refund the money so paid to the client, to a party having a prior lien on, or right to, the property... |
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Cases |
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| Sewell v. Price's Adm'r |
32 Ala. 97, Supreme Court of Alabama (January 01, 1858) |
1858 |
[BILL IN EQUITY TO HAVE ABSOLUTE CONVEYANCE DECLARED A MORTGAGE.] APPEAL from the Chancery Court of Jackson. Heard before the Hon. A. J. WALKER. |
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Cases |
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| Shelton v. Wright |
25 Ga. 636, Supreme Court of Georgia (June 01, 1858) |
1858 |
An illegitimate child fully legitimated by an Act of the Legislature, passed by the procurement of the putative father, becomes his lawful child, and such child and his lawful children, upon the death of either, intestate, inherit from each other. Equity, from Taylor. This bill was filed by the children and heirs at law of David Shelton, deceased,... |
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Cases |
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| Sherill v. Parrott |
26 Ga. 388, Supreme Court of Georgia (August 01, 1858) |
1858 |
The possessory warrant for the restitution of the property to the claimant was sued out before a Justice of the Peace, who, upon the defendants' refusing to produce the property, committed them to the jail of Polk county. The Justice of the Peace who issued the warrant, had jurisdiction of the cause and competent power to enforce the execution of... |
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Cases |
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| Sherman v. Commonwealth |
14 Gratt. 677, Supreme Court of Appeals of Virginia (May 04, 1858) |
1858 |
The argument as well of the attorney general in support of said rule, as of the counsel who appeared for the plaintiff in error in opposition thereto, having been maturely considered, and it appearing that said plaintiff in error has since the judgment of conviction escaped from custody and is still at large, it is considered by the court that so... |
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Cases |
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| Short v. Tinsley |
1 Met. 397, Court of Appeals of Kentucky (December 11, 1858) |
1858 |
1. After the death of the husband, the testimony of his widow to facts within her own knowledge, not derived from the husband, is competent to show that a conveyance by the husband was made to defraud his creditors, but not to diminish the liability of the husband's estate to the creditor to whom the conveyance was made. 2. Statements made by the... |
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Cases |
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| Silcox v. Nelson |
24 Ga. 84, Supreme Court of Georgia (January 01, 1858) |
1858 |
The bill in Chancery, on the trial of which, the errors assigned are alleged to have been committed by the presiding Judge in the Court below, was instituted by the complainants claiming, as having lapsed, the legacy of $2000 directed by the testator to be invested in stocks, the income of which was directed to be paid to the Braithwaite school in... |
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Cases |
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| Simmons v. Brown |
5 R.I. 299, Supreme Court of Rhode Island (March 01, 1858) |
1858 |
In an action of the case by the owner and operator of a cotton-mill, driven by water, against the owner of a mill on the same stream, to recover damages for the unlawful raising of a dam across the stream below, and interrupting the operation of the cotton-mill by backwater and thereby diminishing the profits of the plaintiff, evidence of the... |
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Cases |
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| Smith v. Bank of Wadesborough |
4 Jones Eq. 303, Supreme Court of North Carolina (December 01, 1858) |
1858 |
Although courts of equity, usually, refuse to restrain a trespass by a writ of injunction; yet, where property was bequeathed to the separate use of a feme covert, without any trustee being appointed by the will, and the property was about to be sold under an execution against the husband, for his debt, it was Held that the legal estate being in... |
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Cases |
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| Smith v. Gaffard |
33 Ala. 168, Supreme Court of Alabama (June 01, 1858) |
1858 |
[SLANDER FOR WORDS SPOKEN OF UNMARRIED FEMALE.] APPEAL from the Circuit Court of Butler. Tried before the Hon. E. W. PETTUS. |
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Cases |
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| Smith v. Henry |
6 George 369, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. HUSBAND AND WIFE: CONVEYANCES TO WIFE'S SEPARATE USE: RULE AS TO INTENTION TO EXCLUDE HUSBAND.No prescribed form of words is necessary to create a separate estate in a feme covert; it is sufficient, if the intention of the donor or testator to exclude the marital rights of the husband, clearly and manifestly appears. 2. SAME:... |
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Cases |
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| Smith v. Jordan |
25 Ga. 687, Supreme Court of Georgia (June 01, 1858) |
1858 |
A. made a mortgage to B., which was not recorded until after the three months had elapsed. Before foreclosure, C. obtained a general judgment against A., the fi. fa. from which was levied on the mortgaged property. At the sale under this levy, notice of the mortgage was given to the purchaser. Held, That as the judgment creditor, had gained a... |
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Cases |
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| Smith v. Sweringen |
26 Mo. 551, Supreme Court of Missouri (March 01, 1858) |
1858 |
1. A testator died leaving him surviving six children, and four grand-children, the children of two deceased daughters. By his will he made certain specific devises and bequests to his widow and to others and for the payment of debts. To three of his grand-children (daughters of one of said deceased daughters) he made a devise as follows: I also... |
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Cases |
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| Smith v. Williams |
7 George 545, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. HIGH COURT: ASSIGNMENT OF ERRORS MUST BE CERTAIN AND SPECIFIC.The office of an assignment of errors, is to notify the opposite party of the particular action of the court below, complained of; and if an assignment does not specify the alleged error, it will be bar; and hence, an assignment as follows, as shown in the bill of... |
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Cases |
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| Smithwick v. Evans |
24 Ga. 461, Supreme Court of Georgia (January 01, 1858) |
1858 |
[1.] A woman cannot be impeached as a witness by proof that she is a common prostitute. [2.] An attorney employed in a cause, may, when it is relevant, be examined as to the amount of his fee, and the terms on which it is to be paid. [3.] A will may be impeached by extrinsic evidence, as violative of the Acts of 1801 and 1818, prohibiting the... |
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Cases |
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| Snoddy v. Foster |
1 Met. 160, Court of Appeals of Kentucky (July 12, 1858) |
1858 |
1. Although it is made the duty of the sheriff, by the express provisions of section 709 of the Civil Code, to proceed to subject the property to the execution where a bond of indemnity is given, yet, if he fails to do so, he is only liable for such damage as the plaintiff actually sustained by his misconduct; and may, therefore, in an action on... |
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Cases |
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| Sorsby v. Vance |
7 George 564, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. WILLS: COSTRUCTION OF.-In the construction of wills, the main object is to ascertain the intention of the testator: the intention is to be gathered from the whole will, and, if legal, is to be carried out, notwithstanding it may violate technical rules, which relate to the construction of words rather than the nature of the estate. 2.... |
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Cases |
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| Southwestern R. Co. v. Paulk |
24 Ga. 356, Supreme Court of Georgia (January 01, 1858) |
1858 |
[1.] Corporations are embraced in a statute, under the designation of persons, unless expressly excepted, or excluded by necessary implication on the ground of the total inapplicability, of the statute, as to the subject matter, to them. [2.] Neither a corporation nor an individual, have a vested right to do wrong; none such can be conferred. [3.]... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| State v. Atkinson |
6 Jones (NC) 65, Supreme Court of North Carolina (December 01, 1858) |
1858 |
The first part of his Honor's instructions to the jury was clearly right. When the declaration of a party is offered in evidence against him, all that he said at the time must go to the jury, and must be considered by them, but there is no rule which requires them to believe every part of the statement, and to return their verdict in accordance... |
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Cases |
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| State v. Bill |
6 Jones (NC) 34, Supreme Court of North Carolina (December 01, 1858) |
1858 |
We have examined with that care which their importance demands, the alleged errors assigned by the prisoner's counsel, in their bill of exceptions, without being able to find any thing in either of them, which can entitle him to a venire de novo. The only objection which seems to have any plausibility in it, and upon which alone the counsel have... |
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Cases |
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| State v. Crittenden County Court |
19 Ark. 360, Supreme Court of Arkansas (January 01, 1858) |
1858 |
The swamp and overflowed lands, sold by the State, under the provisions of the act of 6th January, 1851, while the 14th section thereof was in force, are by contract between the State and the purchaser, exempt from taxation. The period of exemption begins at the date of the purchase from the State, and continues for ten years, if the lands are not... |
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Cases |
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| State v. Frank |
5 Jones (NC) 384, Supreme Court of North Carolina (June 01, 1858) |
1858 |
The objection upon which the prisoner's counsel moved, in the Court below, to set aside the verdict of the jury and to enter a mistrial, has been properly abandoned here, because the law upon the subject is too well settled to be brought into question again; see State v. Tilghman, 11 Ire. Rep. 513. The errors assigned in the bill of exceptions,... |
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Cases |
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| State v. Henderson |
13 La.Ann. 489, Supreme Court of Louisiana (December 01, 1858) |
1858 |
Appeal from the Justices Court of the Parish of East Feliciana. |
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Cases |
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| State v. Nat |
6 Jones (NC) 114, Supreme Court of North Carolina (December 01, 1858) |
1858 |
The counsel for the prisoner have, in their bill of exceptions, assigned two errors as having been committed on the trial by the presiding Judge; the first, in the admission of improper testimony; and the second, in an improper instruction to the jury. The testimony to which objection was made, was, that soon after the offense was alleged to have... |
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Cases |
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| State v. North |
27 Mo. 464, Supreme Court of Missouri (October 01, 1858) |
1858 |
1. No state has power, under the constitution of the United States, in the exercise of its taxing power, to discriminate in favor of its own manufactures and productions and against those of its sister states. Such a discriminating tax, whether levied on the goods and manufactures of sister states in the original unbroken bale or package in which... |
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Cases |
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| State v. O'Conner |
13 La.Ann. 486, Supreme Court of Louisiana (December 01, 1858) |
1858 |
Appeal from the District Court of the Parish of East Baton Rouge, Beale, J. |
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Cases |
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| State v. Oscar |
13 La.Ann. 297, Supreme Court of Louisiana (May 01, 1858) |
1858 |
Appeal from the Fifth Justice's Court of Jefferson, Bisbee and Michel, Justices of the Peace. |
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Cases |
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| State v. Perry |
5 Jones (NC) 252, Supreme Court of North Carolina (June 01, 1858) |
1858 |
It is indictable at common law to cheat by means of false weight, or false measure; but when more than the proper amount is openly exacted, and is submitted to by the opposite party with a knowledge of the fact, there is no fraud, which is a necessary ingredient to constitute the offense. In respect to owners of public mills, in addition to this... |
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Cases |
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| State v. Peter |
13 La.Ann. 232, Supreme Court of Louisiana (April 01, 1858) |
1858 |
The general law is, that appeals from the parish of East Feliciana to this court, are returnable on the 4th Monday of February of each year. Rev. Stat., p. 278, sec. 12. But an exception is made in favor of persons in confinement, under a judgment of conviction rendered in a criminal prosecution, for which an appeal has been taken. Such persons... |
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Cases |
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| State v. Smith |
21 Tex. 748, Supreme Court of Texas (January 01, 1858) |
1858 |
An indictment for malicious mischief which charged that the defendant wilfully and wantonly did maim, wound, and cruelly and unmercifully beat and abuse one swine, a dumb animal, then and there, being the property of _, against the peace, etc., omitting the name of the owner of the animal, was defective in omitting to state that such animal... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| State v. Stimpson |
45 Me. 608, Supreme Judicial Court of Maine (January 01, 1858) |
1858 |
In an indictment may be joined a count charging one with larceny, and a count against him as receiver of stolen goods. One, who knowingly receives or aids in concealing goods stolen in another State and brought into this State, is made liable therefor by c. 156, ยง 10 of Revised Statutes. On EXCEPTIONS to the ruling of APPLETON, J. This was an... |
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Cases |
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| State v. Thompson |
13 La.Ann. 515, Supreme Court of Louisiana (November 01, 1858) |
1858 |
Appeal from the First District Court of New Orleans, Hunt, J. |
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Cases |
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| State v. Tooley |
1 Head 9, Supreme Court of Tennessee (September 01, 1858) |
1858 |
This was a peace warrant, issued by a justice of the peace of Hawkins, against the defendant, on the complaint, made on oath, of C. J. Kounts, that he had just cause to fear, and did actually fear, that the defendant would kill his (Kounts') wife, or do her some great bodily harm, etc. The justice recognized the defendant to appear at the next term... |
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Cases |
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| State v. Underwood |
49 Me. 181, Supreme Judicial Court of Maine (January 01, 1858) |
1858 |
A verdict was sustained for larceny in this State, against one who had goods in his possession which he had stolen in the Province of New Brunswick and brought with him into this State. ON REPORT from Nisi Prius, DAVIS, J., presiding. THIS was an INDICTMENT, charging the defendants with the crime of larceny. The articles stolen were alleged to be... |
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Cases |
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| State v. Whetstone |
13 La.Ann. 376, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the parish of Morehouse, Richardson, J. |
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Cases |
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| State v. Whit |
5 Jones (NC) 224, Supreme Court of North Carolina (June 01, 1858) |
1858 |
It is not giving undue weight to the statement of a witness, for the Court, in its charge, to make an explanation protecting him from unjust animadversions of counsel, especially where the erroneous ruling of the Court had afforded the occasion of such animadversions. Counsel, in the conduct of a suit, have no right to read a statement of facts... |
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Cases |
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| State v. White |
13 La.Ann. 573, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the Parish of St. Martin, Voorhies, J. |
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Cases |
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| State v. Wright |
6 Jones (NC) 25, Supreme Court of North Carolina (December 01, 1858) |
1858 |
Every one who reads the evidence in this case, will feel that the defendant is much to blame for having, by his own bad example, and his want of proper discipline, raised up a set of unruly and disorderly sons, but we are of opinion that the evidence does not support the allegations of the bill of indictment, so as to make out an indictable... |
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Cases |
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| Stephanes v. State |
21 Tex. 206, Supreme Court of Texas (January 01, 1858) |
1858 |
The indictment does not conform to approved precedent. Precedents by Wharton, 433 et seq.: 3 Archb. Cr. Pl. 607. It may not have been necessary to characterize the conduct of the accused as unlawful, or wilful, or to aver that it was to the damage and common nuisance, etc. Yet these, or words of like import, are found in the precedents. Nor,... |
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Cases |
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