TitleCitationYearSummaryMost RelevantTypeStatus
Wilson v. Carson 12 Md. 54, Court of Appeals of Maryland (June 02, 1858) 1858 An order directing consignees when in funds from sales of various shipments of hog product, to pay certain named parties the sum of $10,000, should the balance coming to us (the consignors) amount to that sum, cannot defeat an attachment laid in the hands of the consignees, by creditors of the consignors,...   Cases  
Wilson v. Porter 13 La.Ann. 407, Supreme Court of Louisiana (July 01, 1858) 1858 Appeal from the District Court of the Parish of Ouachita, Mayo, J.   Cases  
Windham v. Rhame 11 Rich. 283, Court of Appeals of Law of South Carolina (January 01, 1858) 1858 In an action on the case for obstructing a public way, vindictive or punitive damages, beyond the amount of the plaintiff's actual loss, may be given.   Cases  
Windsor v. Boyce 1 Houst. 605 (October 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  
Wise v. State 24 Ga. 31, Supreme Court of Georgia (January 01, 1858) 1858 [1] To entitle a party, who has been convicted of an offence, to a new trial on the ground that the bill of indictment was defective, he must have excepted to the indictment, at the time and in the manner prescribed in the statute, and the Court must have overruled the exception. [2.] A verdict finding the prisoner guilty on a charge of larceny...   Cases  
Woods v. Woods 13 La.Ann. 189, Supreme Court of Louisiana (March 01, 1858) 1858 Appeal from the District Court of the parish of West Baton Rouge, Beale, J.   Cases  
Wooten v. Jarman 6 Jones (NC) 111, Supreme Court of North Carolina (December 01, 1858) 1858 The action of the plaintiff would not be barred, if there had been no administrator pendente lite, since the defendant held as bailee of the testator at his death, and would stand in the same situation to the executor. The loss of the plaintiffs' action and title, is supposed, then, to arise from the right of the administrator pendente lite, to...   Cases  
Wootton v. Wheeler 22 Tex. 338, Supreme Court of Texas (January 01, 1858) 1858 Mortgaged property is liable to be sold under an execution against the mortgagor, subject to the lien of the mortgage, although it contain a power authorizing the sale of the property, by a trustee, upon default of payment by the mortgagor. 12 Tex. 43, 47; 18 Tex. 377; 27 Tex. 471. APPEAL from Gonzales. Tried below before the Hon. Fielding Jones....   Cases  
Worrill v. Wright 25 Ga. 657, Supreme Court of Georgia (June 01, 1858) 1858 A will containing a limitation over after a failure of issue, made before the passing of the Act of 1854, prescribing a rule for the interpretation of such words, but the testator dying after the passing of the Act, shall be interpreted as directed by that Act. Equity, from Talbot county. John B. Wright, administrator of Mary Martha Shelton,...   Cases  
Worth v. Atkins 4 Jones Eq. 272, Supreme Court of North Carolina (December 01, 1858) 1858 Where a widow dissents from the will of her husband, she is entitled, in ascertaining her distributive share, to have advancements made to legatees under the will estimated as a part of her husband's estate, though as between themselves, there being but a partial intestacy, such advancements are not subject to be brought into hotchpot against such...   Cases  
Wray v. Wray 33 Ala. 187, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY BY WIFE FOR PERMANENT ALIMONY.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
Wright v. Railey 13 La.Ann. 536, Supreme Court of Louisiana (December 01, 1858) 1858 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
Wyche v. Greene 26 Ga. 415, Supreme Court of Georgia (August 01, 1858) 1858 The contents of the pleadings in this case, except the answer to the amendments made to the bill, are reported in Wyche and wife vs. Greene. (16 Ga. R. 49.) The answer to those amendments, contain nothing important to the questions involved in the case, as it stands at present. Those questions all turn on the charge of the Court, and its refusals...   Cases  
Wynn v. Ely 8 Fla. 232, Supreme Court of Florida (January 01, 1858) 1858 This was a suit for the foreclosure of a mortgage under the statute providing a remedy in such cases. The objections raised in this court are to rulings of the court below on preliminary points and as to the pleadings. The first objection is thus stated in the record: Now at this day came the parties, by their attorneys, and the defendant, by his...   Cases  
Young v. Courtney 13 La.Ann. 193, Supreme Court of Louisiana (March 01, 1858) 1858 Appeal from the District Court of the Parish of Pointe CoupĂ©e, Ratliff, J.   Cases  
Young v. Green 10 Rich.Eq. 19, Court of Appeals of Equity of South Carolina (January 01, 1858) 1858 It is no ground for the Courts refusing to entertain jurisdiction of a bill to account by an agent residing in this State, and having possession of his principal's property here, against his principal residing in Virginia, that the agent was under contract to take the property to Virginia-the filing of such bill being no breach of trust or fraud.   Cases  
Ableman v. Booth 11 Wis. 498, Supreme Court of Wisconsin (June 01, 1859) 1859 On the 22d day of September last, and during the present term of this court, the United States district attorney for the district of Wisconsin, D. A. J. Upham, Esq., in behalf of the attorney general of the United States, appeared before this court, and by motions, entitled in these cases, asked leave to file with the clerk two mandates or...   Cases  
Adams v. City of Albany 29 Ga. 56, Supreme Court of Georgia (June 01, 1859) 1859 [1.] A clause in the charter of the city of Albany, conferring power in general terms, to pass all by-laws, &c., not inconsistent with the Constitution and laws of the State, does not confer the power to pass an ordinance making it a penal offence to sell spirits in quantities of a quart or more, to be drank on the premises where sold, this being...   Cases  
Adams v. Preston 63 U.S. 473, Supreme Court of the United States (December 01, 1859) 1859 THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana. The facts in the case were complicated, and not to be understood by a brief narrative. The reader is therefore referred to the opinion of the court, in which they are historically related. Mr. Taylor made the following points: I. A mortgage in the...   Cases  
Adams v. Town of Somerville 2 Head 363, Supreme Court of Tennessee (April 01, 1859) 1859 This suit was commenced before a justice, to recover the sum of $40, the forfeiture imposed by the corporation, for a breach of one of its ordinances by the plaintiff in error. The case was removed, by appeal, to the Circuit Court, where, on an agreed case, judgment was rendered for the corporation. The case is this: By the act incorporating the...   Cases  
Alexandrie v. Saloy 14 La.Ann. 327, Supreme Court of Louisiana (April 01, 1859) 1859 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Alford v. Hughes 14 La.Ann. 727, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Bossier, Egan, J.   Cases  
Alfred v. State 8 George 296, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. CONSTITUTIONAL LAW: DIVISION OF COUNTY FOR HOLDING CIRCUIT COURT.The legislature of this State has the constitutional power to provide for a division of a county into two districts, and the holding of a Circuit Court in each; and where this is done, it may also be provided that the grand and petit jurors for each district, shall be taken...   Cases  
Allen v. Martin 34 Ala. 442, Supreme Court of Alabama (June 01, 1859) 1859 [FINAL SETTLEMENT OF GUARDIAN'S ACCOUNTS.] APPEAL from the Probate Court of Montgomery.   Cases  
Allen v. Miles 7 George 640, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. HUSBAND AND WIFE: LIABILITY OF HUSBAND TO ACCOUNT FOR THE SEPARATE ESTATE OF THE WIFE.Agreements between husband and wife in relation to her separate estate, held under the Act of 1846, and which are injurious to the wife and beneficial to the husband, will not be presumed; but every reasonable intendment will be indulged to the contrary;...   Cases  
Allen v. Nofsinger 13 Ind. 494, Supreme Court of Indiana (November 01, 1859) 1859 In January, 1856, Allen May executed an agreement of which the following is a copy: Know all men by these presents, that I, Allen May, of the city of Indianapolis, county of Marion, state of Indiana, for value received, have bargained, sold, assigned, and transferred, and by these presents, do sell, bargain, assign, and transfer, unto...   Cases  
Allen v. Prater 35 Ala. 169, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION ON PROMISE TO PAY IN COMPROMISE OF LEGAL CONTROVERSY.] APPEAL from the Circuit Court of Bibb. Tried before the Hon. NAT. COOK.   Cases  
Allen v. Ramsey's Heirs 1 Met. 635, Court of Appeals of Kentucky (February 08, 1859) 1859 1. Section 5 of chap. 30 of the Revised Statutes (p. 280), made no change of the law in respect to the inheritable rights of bastards, as it previously existed under section 18 of the act of 1796 (1 Statute Law, 565), and the act of 1840 (3 Statute Law, 211). 2. A bastard, whose mother, if alive, would have been a collateral heir of her brother...   Cases  
Alley v. Connell 3 Head 578, Supreme Court of Tennessee (December 01, 1859) 1859 The complainants are creditors of James T. Connell. They seek, by the several bills consolidated in this record, to set aside certain conveyances, alleged to be fraudulent, made by said Connell, and to be let in to have satisfaction of their respective debts out of the property thus conveyed. The several bills were dismissed by the Chancellor. It...   Cases  
Alston v. Alston 34 Ala. 15, Supreme Court of Alabama (January 01, 1859) 1859 [BILL IN EQUITY FOR SETTLEMENT OF GUARDIANSHIP.] APPEAL from the Chancery Court of Marengo. Heard before the Hon. WADE KEYES.   Cases  
American Bible Soc. v. Noble 11 Rich.Eq. 156, Court of Appeals of Equity of South Carolina (November 01, 1859) 1859 Testator, being the owner of two large estates, each embracing real and personal property, made disposition of the greater part of one estate in the first part of his will, and in a subsequent part, relating to the disposal of the other estate, directed his executors to sell the whole estate, and then proceeded to dispose of the proceeds of the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Ames v. Hazard 6 R.I. 335, Supreme Court of Rhode Island (September 01, 1859) 1859 If a plea, justifying a libel which contains distinct things, may justify a part only, it will, at all events, be bad on general demurrer, if where the libellous matter be all charged in one count, it do not deny or justify the whole libellous matter so charged, or do not justify all the charges in the libellous matter which it professes to cover....   Cases  
Anderson v. Anderson 23 Tex. 639, Supreme Court of Texas (January 01, 1859) 1859 Where there was evidence in support of the verdict, amply sufficient to warrant the jury in their finding, and the court below refused a new trial, the judgment will not be reversed, although there was much evidence tending to an opposite conclusion from that at which the jury arrived, and this court may not be well satisfied with the correctness...   Cases  
Anderson v. McCullough 3 Head 614, Supreme Court of Tennessee (December 01, 1859) 1859 The complainants are the administrators with the will annexed of the estate of Robert Wallis, who died in Maury county, in 1846. Some years before his death, said Robert Wallis made a will, and afterwards executed another paper of a testamentary nature, and to have the proper construction of these papers declared, was the purpose of the present...   Cases  
Anderson v. Millikin 9 Ohio St. 568, Supreme Court of Ohio (December 01, 1859) 1859 1. Persons having a mixture of African blood, but a preponderance of white blood, or being more white than black, and being otherwise qualified, were, by the settled construction of the section of the constitution of 1802, regulating the exercise of the elective franchise, entitled to enjoy the right of an elector. No change was made in this...   Cases  
Andrews v. Keith 34 Ala. 722, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION BY SHERIFF AGAINST PURCHASER AT EXECUTION SALE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK.   Cases  
Anonymous 34 Ala. 430, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY, BY CHILDREN CLAIMING UNDER MARRIAGE-SETTLEMENT, FOR PARTITION OF PROPERTY AND GENERAL RELIEF.] APPEAL from the Chancery Court of Calhoun. Heard before the Hon. JOHN FOSTER.   Cases  
Argument of THOMAS S. ALEXANDER for the Appellee, in the case of BANDEL v. ISAAC. 13 Md. 643, Court of Appeals of Maryland (February 01, 1859) 1859 The Constitution of 1851, art. 3, sec. 49, provides that the rate of interest in this State shall not exceed six per cent. per annum, and that no higher rate shall be taken or demanded, and that the Legislature shall provide by law all necessary forfeitures and penalties against usury. The immediate motive for incorporating this provision in our...   Cases  
Atkinson v. Rogers 14 La.Ann. 633, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Avoyelles, Cullom, J.   Cases  
Bagly v. Birmingham 23 Tex. 452, Supreme Court of Texas (January 01, 1859) 1859 An erroneous proposition or statement, in the charge of the court, which is corrected in another part of the charge, so as to prevent the jury from being misled thereby, is not a ground for reversing the judgment. Mercer v. Hall, 2 Tex. 284. Such is the case with the error here complained of. In the next sentence, the court said to the jury You...   Cases  
Bailey v. Bailey 6 Jones (NC) 44, Supreme Court of North Carolina (December 01, 1859) 1859 Where the maker of a deed of gift handed it to one, with instructions to hold it till he called for it, and died without ever having called for it, it was Held that there was no delivery of the deed. It was Held further, that this expression in the donor's will subsequently made, viz: I give and bequeath to my son S. in addition to what I had...   Cases  
Ballard v. Waller 7 Jones (NC) 84, Supreme Court of North Carolina (December 01, 1859) 1859 A chose in action cannot be included by commissioners in their allotment of an insolvent debtor's provision, under the statute; Rev. Code, ch. 45, section 89. It cannot be held a fraud for an insolvent debtor to omit to include in his schedule, property which has been assigned to him by commissioners under the statute; Rev. Code, ch. 45, sec. 89,...   Cases  
Bandel v. Isaac 13 Md. 202, Court of Appeals of Maryland (March 16, 1859) 1859 The 49th section of the 3rd article of the Constitution says: The rate of interest in this State, shall not exceed six per cent. per annum, and no higher rate shall be taken or demanded, and the Legislature shall provide, by law, all necessary forfeitures and penalties against usury. HELD: 1st. That this section does not, of itself, make void, in...   Cases  
Barber v. State 34 Ala. 213, Supreme Court of Alabama (June 01, 1859) 1859 [INDICTMENT FOR RECEIVING OR CONCEALING STOLEN PROPERTY.] FROM the Circuit Court of St. Clair. Tried before the Hon. WILLIAM S. MUDD.   Cases  
Barfield v. King 29 Ga. 288, Supreme Court of Georgia (August 01, 1859) 1859 All the questions in the case, are included in the motion for a new trial. We may, therefore, confine ourselves to that motion. The Court overruled that motion; was the Court right in doing so? The grounds of the motion were three; of which it is not necessary to consider the first. The second was, the rejection of the testimony of Martin and...   Cases  
Barlow v. Stalworth 27 Ga. 517, Supreme Court of Georgia (March 01, 1859) 1859 Was the plaintiff entitled to maintain this action in its present form? The authorities clearly establish, that unless the property of the plaintiff has been converted into money, or that which is equivalent to money, that assumpsit for money had and received, will not lie. And that even the consumption of the property by the defendant, does not...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Barnawell v. Smith 5 Jones Eq. 168, Supreme Court of North Carolina (December 01, 1859) 1859 This case comes before us for further directions upon certain exceptions, heretofore filed by each party, to the report of Mr. Commissioner Troy, in relation to the administration by the defendant, Smith, of the estate of his intestate, Patrick B. Threadgill, who was the executor of Thomas Threadgill. The counsel for the defendant, Smith, now...   Cases  
Barnes v. Syester 14 Md. 507, Court of Appeals of Maryland (July 30, 1859) 1859 It has been regretted that more strictness has not been observed in the admission to probate of testamentary papers. To meet the apparent hardship of particular cases doctrines have been engrafted on the law, which have caused as much injustice in other instances as their introduction was designed to prevent, and, we think, it may be suggested as a...   Cases  
Bealle v. Day 28 Ga. 435, Supreme Court of Georgia (June 01, 1859) 1859 1. A plaintiff amended his declaration by substituting another person for himself. This amendment was struck out, on the objection of the defendant. Held, that the effect was to restore the case to its first condition, and therefore was to make him become the plaintiff again. 2. An argument drawn from matter not contained in the record, must be...   Cases  
Beasley v. Knox 5 Jones Eq. 1, Supreme Court of North Carolina (December 01, 1859) 1859 Where the will fixes no time for the payment of legacies, they are payable forthwith, and unless the condition of the estate requires delay, it is the duty of an executor to assent to specific legacies, and to pay pecuniary legacies as soon as funds are in hand. The statute allows executors and administrators two years to settle estates, on the...   Cases  
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