| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Stille v. Beauchamp |
13 La.Ann. 604, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the Parish of St. Landry, Martel, J. |
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Cases |
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| Stone v. Montgomery |
6 George 83, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
1. HUSBAND AND WIFE: CONVEYANCE BY WIFE OF HER ESTATE TO SECURE DEBTS.It is no objection to the validity of a conveyance by the wife of her separate estate, to secure the payment of advances made to her, that the particular form prescribed in the deed in which the advances were to be made, was not pursued by the husband intrusted with the... |
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Cases |
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| Succession of Boyd |
13 La.Ann. 439, 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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| Succession of Hickman |
13 La.Ann. 364, Supreme Court of Louisiana (June 01, 1858) |
1858 |
Appeal from the District Court of East Feliciana, Ratliff, J. |
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Cases |
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| Succession of Ynogoso |
13 La.Ann. 559, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the Parish of St. Landry, Martel, J. |
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Cases |
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| Summers v. Farish |
10 Cal. 347, Supreme Court of California (October 01, 1858) |
1858 |
This was a suit brought by Summers, Stephens, and Hazeltine, against Farish, Glazier, and Hackstacter. The action is founded on an injunction bond, executed by defendants below, one of them as principal and the other two as sureties. This bond was executed to procure an injunction in pursuance of the order of the Judge of the Fourteenth District,... |
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Cases |
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| Summers v. U.S. Ins. Annuity & Trust Co. |
13 La.Ann. 504, Supreme Court of Louisiana (December 01, 1858) |
1858 |
Appeal from the Fourth District Court of New Orleans, Price, J. |
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Cases |
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| Terrell v. McKinny |
26 Ga. 447, Supreme Court of Georgia (August 01, 1858) |
1858 |
[1.] It is not error to admit in evidenee on the trial of an action of trover, a will under which the plaintiff claims title from the testator. Such will does not prove title in the testator. [2.] This Court settled in this case, in the 16 and 18 Ga. Rep., that the verbal gift over of the property in controversy was not a gift in remainder, and the... |
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Cases |
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| Terrill v. Jennings |
1 Met. 450, Court of Appeals of Kentucky (December 23, 1858) |
1858 |
1. Where the plaintiff alleges a material fact, and the defendant simply denies any knowledge in reference thereto, such denial is insufficient to put the plaintiff upon proof of the allegation. The answer should, in addition, deny sufficient information of the fact alleged upon which to found a belief. (Civil Code, sec. 125.) 2. A mortgage, which... |
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Cases |
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| The Barney Eaton |
1 Biss. 242, District Court, D Wisconsin (October 01, 1858) |
1858 |
In admiralty. The libellant built this schooner and afterwards sold her to Peter Weber and Edwin Churchill, taking a chattel mortgage for the principal portion of the purchase money, leaving the mortgagors, the purchasers, in possession. They ran the vessel during the season of 1857; and in the month of November of that year, she was stranded on... |
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Cases |
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| Thomas v. James |
32 Ala. 723, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY FOR INJUNCTION OF TRESPASS ON LANDS.] APPEAL from the Chancery Court at Claiborne. Heard before the Hon. WADE KEYES. |
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Cases |
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| Thomason v. Thomason |
1 Met. 51, Court of Appeals of Kentucky (June 14, 1858) |
1858 |
Estate of an intestate in the hands of his administrator, converted into money, is under the control of the personal representatives of the administrator after his death, to be accounted for by them. Under the act of 1834. (1 Statute Law, 510), the personal representatives of the administrator were authorized to call upon the commissioners of the... |
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Cases |
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| Thompson v. Com. |
1 Met. 13, Court of Appeals of Kentucky (October 18, 1858) |
1858 |
1. An indictment for murder contained three paragraphs. The first charged that the murder was committed by five defendants jointly; the second, that H. committed the murder, and that the other defendants did, with malice aforethought. counsel, advise and persuade the said H. to kill and murder the deceased; the third, that T.... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Thompson v. Touriac |
13 La.Ann. 605, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the Parish of St. Landry, Martel, J. |
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Cases |
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| Thompson v. Vance |
1 Met. 669, Court of Appeals of Kentucky (December 23, 1858) |
1858 |
1. G. T. conveyed by deed to his son, G. C. T., a tract of land with the following provision: To be held, occupied, used, and enjoyed by him (G. C. T.) during his life, and he is further, if he deems it proper, during his life, to transfer and convey to any one or more of his posterity the whole or any part or parts of said tract of land, at... |
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Cases |
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| Thwing v. Washington Ins. Co. |
10 Gray 443, Supreme Judicial Court of Massachusetts (March 01, 1858) |
1858 |
A letter from the master of a ship to the owner, stating that she had been surveyed and condemned on account of the expense of repairs, but not stating the cause of her injuries, was sent by the owner to the underwriters with a letter of abandonment, which they declined to accept. The owner afterwards, within thirty days after receiving the... |
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Cases |
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| Todd v. Dowd's Heirs |
1 Met. 281, Court of Appeals of Kentucky (October 04, 1858) |
1858 |
1. In a proceeding, under section 543 of the Civil Code, for the sale of a town lot held by tenants in common, some of whom are infants, the failure of the chancellor, before ordering the sale thereof to observe the subsequent requisitions of that section, will not render the sale void, but only renders the judgment erroneous. 2. The purchaser of... |
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Cases |
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| Trammell v. Shropshire |
22 Tex. 327, Supreme Court of Texas (January 01, 1858) |
1858 |
One of several co-plaintiffs, cannot litigate his rights, as against the other plaintiffs, to the money recovered in the suit, by a motion against the plaintiff's attorney for not paying over the same, under the summary proceeding provided by art. 62, Hart. Dig. Where such is the evident effect, or design of the motion, especially where the other... |
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Cases |
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| Turner v. Healy |
13 La.Ann. 498, 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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| Tyson v. Bowden |
8 Fla. 61, Supreme Court of Florida (January 01, 1858) |
1858 |
A defendant in execution, after judgment in replevin, cannot sue out another writ of replevin to prevent the execution of the writ against himself and procure a restoration of the property. The Court, on application, will supercede the writ if not returned, or set it aside as irregularly issued if it be returned. This case was decided at... |
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Cases |
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| Tyson v. Mattair |
8 Fla. 107, Supreme Court of Florida (January 01, 1858) |
1858 |
1. Property of the wife vested in the husband previous to the married woman's law, is not affected by its provisions so as to make it her separate property. 2. A deed of gift to a married woman and the heirs of her body, to the said wife and her immediate offspring, to have and to hold the property to their own proper use and behoof... |
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Cases |
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| Viser v. Bertrand |
19 Ark. 487, Supreme Court of Arkansas (January 01, 1858) |
1858 |
It is within the sound legal discretion of the Circuit Court, for the attainment of justice, to give or refuse additional instructions after argument to the jury; and the exercise of that discretion will not be reviewed by this Court, except in cases where it results in a gross abuse of power. A claim for an attorney's fee, fixed by the parties,... |
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Cases |
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| Walker v. Sanchez |
13 La.Ann. 505, Supreme Court of Louisiana (December 01, 1858) |
1858 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
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Cases |
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| Walker v. Walker |
25 Ga. 76, Supreme Court of Georgia (March 01, 1858) |
1858 |
I will consider the grounds in the motion for a new trial in their order. 1, 2. Because the verdict was against the law and weight of evidence in the case, and against the charge of the Court. The evidence in the case was conflicting: rejecting the evidence of the two witnesses, brother and sister, who are proven to have been too young to testify... |
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Cases |
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| Walker v. Walker |
22 Tex. 331, Supreme Court of Texas (January 01, 1858) |
1858 |
On a plea in abatement, that the defendant was not sued in the county of his residence, the issue to be determined is, was the residence of the defendant in the county in which the suit was brought, at the time of its institution? See evidence in this case, which, though conflicting, did not sufficiently preponderate against the verdict, to require... |
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Cases |
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| Walker v. Williamson |
25 Ga. 549, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] Grand-children cannot take in a will, under a bequest to children, unless there be something in the will to indicate and effectuate such intention by the testator. [2.] Nothing would pass to a son of a testator, under a bequest to his children, who died in the lifetime of the testator. [3.] Where there is a power of appointment, the execution... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Wallace v. Seales |
7 George 53, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. ATTACHMENT AGAINST STEAMBOATS; ACTS OF 1840 AND 1822.The Statute of 1840, in relation to attachments against steamboats and other water craft, is in pari materia with the general attachment law of 1822, and the two acts will be construed together. 2. SAME: SAME: MAY BE EXECUTED BY A CONSTABLE.Steamboats are essentially transitory... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Warner v. Graves |
25 Ga. 369, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] It is contended that inasmuch as the complainant voluntarily dismissed his bill, he cannot be heard on a motion to re-instate; that this Court has decided that it was constituted to review the judgments of Courts, and not to rectify the mistakes of parties, and that it will not entertain jurisdiction of a cause, the object of which is to... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Washington v. Emery |
4 Jones Eq. 32, Supreme Court of North Carolina (June 01, 1858) |
1858 |
Where there was a general residuary clause in a will, directing a division of the fund when A might come of age, between such of the testator's grandchildren as might then be alive, and one of the grandchildren died, in the lifetime of the testator, before A came of age, it was held that the part intended for such deceased grandchild fell into the... |
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Cases |
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| Watkins v. Watkins |
24 Ga. 402, Supreme Court of Georgia (January 01, 1858) |
1858 |
[1.] An agreement to settle a doubtful right constitutes a valid consideration to support a contract; especially if it be an agreement to settle a family controversy; such an agreement will not be considered voluntary and without consideration, but will be enforced in equity as a fair family arrangement, independent of its being a compromise of... |
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Cases |
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| Watson v. Williams |
7 George 331, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. COURTS: JUDICIAL POWER: CONTEMPTS.The right of punishing contempts by summary conviction is a necessary attribute of judicial power, inherent in all courts of justice from the very nature of their organization, and essential to their existence and protection, and to the due administration of justice. It is a trust given to the courts, not... |
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Cases |
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| Watterson v. Watterson |
1 Head 1, Supreme Court of Tennessee (September 01, 1858) |
1858 |
The defendant in error propounded the paper in contest, as the will of his mother, Margaret Watterson. The plaintiffs in error are the children of James Watterson, deceased; the other son of said Margaret, who deny that the said paper is valid as her will. An issue of devisavit vel non was formed in the Circuit Court of Hawkins, and decided in... |
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Cases |
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| Webb v. Bowler |
5 Jones (NC) 362, Supreme Court of North Carolina (June 01, 1858) |
1858 |
The affidavit required under the 16th section of the 7th chapter of the Revised Code for an injury to the property of another, must set out that the defendant absconded, or concealed himself, within three months after the injury was done; and the attachment must be issued within that time. It was Held that a defect in the affidavit, in not stating... |
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Cases |
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| Webb v. Camp |
26 Ga. 354, Supreme Court of Georgia (August 01, 1858) |
1858 |
[1.] In an action brought, to recover land, the defendant claimed by a purchase at Sheriff's sale, under a fi. fa. which, at the time of the sale, had upon it, an entry three years old, to the effect, that money sufficient to satisfy the fi. fa., had been raised by the Sheriff, and that, after taking commissions, the balance of the... |
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Cases |
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| Wedge v. State |
12 Md. 232, Court of Appeals of Maryland (June 26, 1858) |
1858 |
The act of 1852, ch. 63, makes the margin part of the indictment, and a defect for want of a venue in the body of an indictment, it being stated in the margin, is cured thereby; the design of this act was to relieve prosecutions from some of the technical refinements existing at common law, and should be construed rationally. Under this act, a... |
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Cases |
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| Wellborn v. Rogers |
24 Ga. 558, Supreme Court of Georgia (January 01, 1858) |
1858 |
[1.] One of two defendants against whom a verdict has been rendered appeals, the other does not, the defendant not appealing, being no party to the issue to be tried on appeal, is a competent witness. [2.] When the sworn answer of the defendant offered as a witness has been read to the Court, it was not necessary for the party offering the witness,... |
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Cases |
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| Wells v. Wells |
6 George 638, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. WILL: IMPLIED REVOCATION BY DEED: RULE IN RELATION TO.A deed executed by a testator, after the publication of his will, is not a revocation of the will, unless the whole estate devised be conveyed by the deed. 2. SAME: SAME.When the testator, after the publication of his will, executes a deed, whereby he conveys only a portion of... |
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Cases |
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| Western Tel. Co. v. Magnetic Tel. Co. |
62 U.S. 456, 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 Maryland. The case is stated in the opinion of the court. Mr. McLean's points for the complainants and appellants were the following: 1st. That they are, under their assignment, entitled to all the business between Wheeling and Pittsburg, and Washington and... |
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Cases |
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| Whichard v. Jordan |
6 Jones (NC) 54, Supreme Court of North Carolina (December 01, 1858) |
1858 |
The case is to be treated as if the instruction had been, that there was no evidence on which the jury could find a delivery, and if it had been, it seems to this Court, that it would have been right. The bond was executed for the purpose of raising money on loan, from Whichard, and if he had lent the money and accepted the bond, when offered to... |
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Cases |
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| Whitcomb v. Salsman |
16 How. Pr. 533, Supreme Court, New York County, New York (January 01, 1858) |
1858 |
A purchaser who obtains credit by a false representation, must be held to intend the legitimate consequences of his act. If he obtains credit by representations false in fact, and which he knew to be false when he made them, it will not do for him to say he did not mean to defraud the plaintiffs at the time. MOTION to discharge order of arrest. If... |
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Cases |
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| Whitcomb v. Salsman |
16 How. Pr. 533 (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... |
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Trial Court Orders |
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| White v. Anderson |
13 La.Ann. 577, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the Parish of St. Landry, Martel, J. |
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Cases |
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| Whitehead v. Lassiter |
4 Jones Eq. 79, Supreme Court of North Carolina (June 01, 1858) |
1858 |
The testator directs that, at the death of his wife, the property shall be equally divided between all my children that are now living, or their lawful heirs. It is manifest that now is used in opposition to the time of the death of his wife, consequently, the will had reference to the time of its execution, and speaks as of that date. We are... |
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Cases |
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| Whitten v. Knox |
26 Ga. 560, Supreme Court of Georgia (November 01, 1858) |
1858 |
The only question submitted to us is, whether or not the verdict in this case is contrary to evidence. After carefully scrutinizing the testimony, we are not prepared to say that the finding is contrary to the proof; certainly it cannot be affirmed of it that it is strongly and decidedly against the weight of evidence. When a transaction like this... |
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Cases |
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| Wight v. Hester |
24 Ga. 485, Supreme Court of Georgia (January 01, 1858) |
1858 |
[1.] In an action of trover for promissory notes, the matter in issue is the title to the notes, and not the consideration for which they were given. [2.] If a jury find a verdict generally for the difference between notes, it is no error for the Court to send them back to find the amount. [3.] If the jury find against a fact, the proof of which... |
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Cases |
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| Wiley v. Gray |
7 George 510, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. HUSBAND AND WIFE: POST-NUPTIAL SETTLEMENT.The husband and wife, after marriage, may contract for a transfer of property from the husband to a trustee for the separate use of the wife, or the wife directly; and such a settlement, when made bona fide, and upon a valuable and adequate consideration, is good against the creditors of, and... |
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Cases |
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| Wiley, Banks & Co. v. Allen |
26 Ga. 568, Supreme Court of Georgia (November 01, 1858) |
1858 |
If one partner take the money of the firm, and apply it to the discharge of his separate debt, without the assent or knowledge of the other member, it cannot be recovered back, unless the separate creditor knew, or had reason to believe, that at the time of the payment it was partnership money. Complaint, in Habersham Superior Court. This was an... |
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Cases |
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| Wilkins v. Bobo |
13 La.Ann. 430, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of Morehouse, Richardson, J. |
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Cases |
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| Wilkinson v. Wilkinson |
1 Head 305, Supreme Court of Tennessee (December 01, 1858) |
1858 |
This is a contest between Georgetta C. Wilkinson, wife of William H. Wilkinson, and his creditors, as to certain property in which he claims to have a separate estate, and denies its liability for his debts. These creditors have obtained judgments against him, and have cause levies to be made upon this property, and seek to sell it as his estate.... |
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Cases |
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| Williams v. Sullivan |
10 Rich.Eq. 217, Court of Appeals of Equity of South Carolina (May 01, 1858) |
1858 |
Where the grantee takes possession of the deed in the presence of the grantor and without objection on his part, that is a sufficient delivery. Where the grantee is found in possession of the deed, delivery will be presumed until the contrary is shown. An instrument, in form a deed, whereby the grantor gave and granted at her death certain... |
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Cases |
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