Title | Citation | Year | Summary | Most Relevant | Type | Status |
Belcher v. Sanders |
34 Ala. 9, Supreme Court of Alabama (January 01, 1859) |
1859 |
[BILL IN EQUITY TO ESTABLISH INPLIED TRUST.] APPEAL from the Chancery Court of Perry. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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Bellows v. Cheek |
20 Ark. 424, Supreme Court of Arkansas (May 01, 1859) |
1859 |
If, upon the presentation of a claim, duly authenticated, against the estate of a deceased person for allowance, the administrator neither allows or rejects it, but endorses thereon a reference of the matter to the decision of the Probate Court, the demand must be regarded as rejected; and the creditor may apply to the Probate Court for allowance.... |
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Cases |
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Bennett v. Bennett |
34 Ala. 53, Supreme Court of Alabama (January 01, 1859) |
1859 |
[ACTION BY WIFE AGAINST HUSBAND'S ADMINISTRATOR.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. NAT. COOK. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Berthold v. McDonald |
63 U.S. 334, Supreme Court of the United States (December 01, 1859) |
1859 |
THIS case was brought up from the Supreme Court of the State of Missouri by a writ of error issued under the 25th section of the judiciary act. It was an action of ejectment brought by Berthold and others against the defendants in error, to recover the possession of a tract of land near St. Louis, containing eighty arpens, equivalent to sixty-eight... |
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Cases |
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Billingsley's Adm'r v. Bunce |
28 Mo. 547, Supreme Court of Missouri (July 01, 1859) |
1859 |
1. Whenever it appears from the face of an assignment of a stock of goods to a trustee for the benefit of certain designated creditors, that it is the intention of the parties thereto that the grantor shall be allowed to remain in possession of the property assigned, and to dispose of the same in the usual course of business until default, such... |
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Cases |
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Bingham v. Crenshaw |
34 Ala. 683, Supreme Court of Alabama (June 01, 1859) |
1859 |
[APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION.] APPEAL from the Probate Court of Limestone. |
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Cases |
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Binion v. Miller |
27 Ga. 78, Supreme Court of Georgia (January 01, 1859) |
1859 |
There were five distinct grounds on which the defendant in the Court below moved for a new trial. The two first grounds, 1st. that the verdict of the jury was contrary to evidence, and 2d, that it was contrary to law may be put in one, neither of which will it be necessary for this Court to consider further than they may be involved in the other... |
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Cases |
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Birch v. Funk |
2 Met. 544, Court of Appeals of Kentucky (January 23, 1859) |
1859 |
1. The rule is well settled that to constitute the former judgment a bar to another suit founded on the same cause of action, it must appear to have been a decision upon the merits. But if the trial went off on a technical defect, or because the debt was not due, or because the court had not jurisdiction, or because of the temporary disability of... |
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Cases |
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Birdsong v. Birdsong |
2 Head 289, Supreme Court of Tennessee (April 01, 1859) |
1859 |
The complainant, and the defendant, John C., are brothers; and the latter is the administrator upon the estate of William Birdsong, senior, who was their father, and who died intestate, the 26th of October, 1850. This bill was filed on the 3d of April, 1854, for the purpose of setting aside a conveyance of the share of complainant in the estate of... |
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Cases |
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Birge v. Wanhop |
23 Tex. 441, Supreme Court of Texas (January 01, 1859) |
1859 |
It is well settled, that this court will not revise the charge of the court, where there is no statement of the facts proved upon the trial. Armstrong v. Lipscomb, 11 Tex. 649. There is no error in the judgment, and it is affirmed. Judgment affirmed. |
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Cases |
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Bisland v. Provosty |
14 La.Ann. 169, Supreme Court of Louisiana (March 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Pointe Coupée, Ratliff, J. |
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Cases |
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Blackman v. Johnson |
35 Ala. 252, Supreme Court of Alabama (June 01, 1859) |
1859 |
[ACTION ON BILL OF EXCHANGE BY PAYEE AGAINST DRAWER.] APPEAL from the Circuit Court of Macon. Tried before the Hon. S. D. HALE. |
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Cases |
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Blakey's Heirs v. Blakey's Ex'x |
33 Ala. 611, Supreme Court of Alabama (January 01, 1859) |
1859 |
[CONTESTED PROBATE OF WILL.] APPEAL from the Probate Court of Bibb. |
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Cases |
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Bledsoe v. Bledsoe |
29 Ga. 385, Supreme Court of Georgia (August 01, 1859) |
1859 |
Morton Bledsoe died in 1845, leaving a considerable estate, real and personal; a widow, whom he constituted his executrix, and fourteen children. By his will, his children were to be raised until the youngest male child attained the age of fifteen, at which time his property was to be distributed between them. Being a debtor to one Dyer, with... |
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Cases |
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Blythe v. Speake |
23 Tex. 429, Supreme Court of Texas (January 01, 1859) |
1859 |
Any positive affirmation, or representation, made by the vendor, at the time of the sale, with respect to the subject of sale, which operates, or may operate, as inducement; unless it be the expression of mere matter of opinion, in a case where the vendee had no right to rely upon it; or be purely matter of description, or identification, without... |
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Cases |
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Boatner v. Wade |
14 La.Ann. 695, Supreme Court of Louisiana (July 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Caldwell, Mayo, J. |
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Cases |
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Boggs v. Merced Mining Co. |
14 Cal. 279, Supreme Court of California (October 01, 1859) |
1859 |
On the 29th day of February, 1844, Governor Micheltorena granted to Juan B. Alvarado, a tract of land known by the name of the Mariposas, to the extent of ten square leagues. On the 10th of February, 1847, Alvarado conveyed his title, by warranty deed, to John C. Fremont. The claim was presented to the Board of United States Land... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Boland v. Greenville & C.R. Co. |
12 Rich. 368, Court of Appeals of Law of South Carolina (November 01, 1859) |
1859 |
In a case of necessity, as when the Coroner of the district is a member of the jury, and is unexpectedly required to hold an inquest, the presiding Judge may authorize him to withdraw during the trial of a cause, and direct another juror, who had heard the testimony, to be substituted in his place, and such act of the presiding Judge is no ground... |
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Cases |
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Bonner v. Little |
29 Ga. 538, Supreme Court of Georgia (November 01, 1859) |
1859 |
In claim cases, where there is a legal affidavit of claim, and also a legal claim bond, a forthcoming bond is not necessary to the hearing of the claimand the claim will not be dismissed upon the ground, that the Sheriff has turned over the property to the claimant without taking a forthcoming bond. Claim, in Putnam Superior Court. This was... |
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Cases |
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Boon v. Boon |
29 Ga. 134, Supreme Court of Georgia (June 01, 1859) |
1859 |
[1.] New trial will not be granted on the ground that the verdict is contrary to the evidence, in a case where there is a conflict between a promissory note on the one side, and on the other a single witness who has a manifest bias in favor of the defendant. [2.] New Trial Act construednew trial will not be granted by Supreme Court for any... |
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Cases |
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Bostick v. Elliott |
3 Head 507, Supreme Court of Tennessee (December 01, 1859) |
1859 |
The original bill was filed by the children and legatees of James Elliott, deceased, on the 6th of May, 1845, against the various executors and administrators, with the will annexed, for the settlement of the estate, and recovery of the amounts due them, respectively. The will was made October 30, 1836, and at November term following of the County... |
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Cases |
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Bowers v. Hale |
14 La.Ann. 419, Supreme Court of Louisiana (May 01, 1859) |
1859 |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
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Cases |
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Bowman v. McKleroy |
14 La.Ann. 587, Supreme Court of Louisiana (June 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Tensas, Farrar, J. |
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Cases |
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Bradshaw v. Mayfield |
24 Tex. 481, Supreme Court of Texas (January 01, 1859) |
1859 |
It is assigned as error by the appellant, that the court submitted a question of law to the jury, and also that the verdict is insufficient to support the judgment. The second instruction given by the court to the jury, is as follows: If the jury believe that the defendant's cestui que trust, or beneficiary, held notorious adverse possession of... |
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Cases |
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Branch v. Branch |
5 Jones Eq. 268, Supreme Court of North Carolina (December 01, 1859) |
1859 |
A simple enquiry is made of the Court upon the construction of the will of Joseph Branch, viz: whether the maintenance and education of the children is to be a joint charge upon the aggregate profits of the estate, or whether the support of each is to be taxed against his aliquot part of the profits only. There is nothing, it seems to us, in the... |
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Cases |
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Breaux v. Gallusseaux |
14 La.Ann. 233, Supreme Court of Louisiana (March 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Iberville, Beale, J. |
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Cases |
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Brewer v. Church |
4 Jones Eq. 418, Supreme Court of North Carolina (August 01, 1859) |
1859 |
Had the agreement, mentioned in the pleadings, been executed by all the children of Philip Church, senior, or by all of them who had any further claims upon his bounty, and had provided for an equal division of his property among them with his consent, a very interesting question would have been presented, whether the Court of Equity would not have... |
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Cases |
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Brewton v. Smith |
28 Ga. 442, Supreme Court of Georgia (June 01, 1859) |
1859 |
The demurrer to the bill, was for want of equity. the court below sustained the demurrer. Therefore, the the question is, was there equity in the bill? 1. The deeds were delivered, or they were not delivered. 1. First, if they were not delivered, was there equity in the bill? We think that there was. The deeds, even if they were not delivered, make... |
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Cases |
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Bridges v. McKenna |
14 Md. 258, Court of Appeals of Maryland (July 15, 1859) |
1859 |
An examination of the facts of this case, as disclosed by the proof, has satisfied us, that the goods and chattels seized and taken under the writ of fieri facias were the property of the complainant, Catharine, held by her to her sole and separate use, under the provisions of the 8th section of the Act of 1842, ch. 293. The execution was issued at... |
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Cases |
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Brinkley v. Jackson |
2 Houst. 71, Superior Court of Delaware (April 01, 1859) |
1859 |
If a saving or exception in a statute, is contained in a subsequent section of it, the defendant must plead it, and show that his case comes within it, for the plaintiff is not bound to negative it. Certiorari. The proceeding below was at the suit of Jackson against Brinkley, on the provision of the Act of Assembly, Rev. Code, 46 Sec. 18, to the... |
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Cases |
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Brinkley v. Jackson |
2 Houst. 71 (April 01, 1859) |
1859 |
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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Brooks v. Caughran |
3 Head 464, Supreme Court of Tennessee (December 01, 1859) |
1859 |
The Chancellor in this case granted complainant Evaline a divorce, a vinculo, from her husband, William Brooks. From that decree there is no appeal, and it is not now controverted but that it was correct The bill under which it was obtained was filed on the 13th of April, 1857. She had before (on the 28th of January, 1854) filed a bill for the same... |
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Cases |
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Brown v. McWilliams |
29 Ga. 194, Supreme Court of Georgia (August 01, 1859) |
1859 |
We do not think the verdict in this case should be disturbed. The Court of Ordinary, having jurisdiction over the subject, and acting, as we are bound to presume, with a full knowledge of Mr. McWilliams's circumstances, passed an order authorizing him to retain the interest on the money received by him in South-Carolina, for his minor children, for... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Brown v. Raby |
14 La.Ann. 41, Supreme Court of Louisiana (January 01, 1859) |
1859 |
Appeal from the Fourth District Court of New Orleans, Price, J. |
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Cases |
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Brown v. Roberts |
14 La.Ann. 259, Supreme Court of Louisiana (April 01, 1859) |
1859 |
Appeal from the District Court of the Parish of East Baton Rouge, Beale, J. |
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Cases |
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Brown v. State |
28 Ga. 439, Supreme Court of Georgia (June 01, 1859) |
1859 |
A new trial ought to be granted where one of the jury is cousin to the prosecutor, and the fact not known to the accused or his counsel till after his conviction. Indictment for Forgery and Counterfeiting. Motion for new trial. In Chatham Superior Court. The facts of this case will be found sufficiently stated in the bill of exceptions, which was... |
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Cases |
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Brown v. Strickland |
28 Ga. 387, Supreme Court of Georgia (June 01, 1859) |
1859 |
In the case of Walker vs. Torrence, reported in 12 Ga. Rep., this court held that an executor's letters were not abated by his removal out of the State. The opinion in that case was well considered, and we are entirely satisfied with it. There being no difference in principle between the case of an executor and that of an administrator in respect... |
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Cases |
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Brown v. Weaver |
28 Ga. 377, Supreme Court of Georgia (May 01, 1859) |
1859 |
1. A will should be so construed, if possible, as to give effect to every part; and hence, words which make a plain inequality between sons on the one hand and daughters on the other, will not be overruled by other words, unless the latter words are incompatible with the first. 2. A bequest to daughters and their children, the daughters having no... |
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Cases |
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Brown v. Westbrook |
27 Ga. 102, Supreme Court of Georgia (January 01, 1859) |
1859 |
[1.] Mental incapacity, at the time of marriage, a ground for divorce in this State. [2.] A libel to dissolve the marriage union, on that account, is to be filed and tried, and is subject to all the incidents regulating divorces, by the statutes of force on that subject. [3.] A proceeding to declare marriage a nullity, on account of the mental... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Bryan v. Gurr |
27 Ga. 378, Supreme Court of Georgia (January 01, 1859) |
1859 |
For myself, I find no great fault with the special plea and the charge asked on it. It might have been better worded perhaps so as to have set forth truly the facts on which the defendant relies. Admitting the speaking of the words, which is not denied, the defendant should have set forth in his plea, that being present in Court, when the plaintiff... |
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Cases |
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Bryant v. Bryant |
35 Ala. 315, Supreme Court of Alabama (June 01, 1859) |
1859 |
[ACTION ON PROMISSORY NOTE, BY PAYEE AGAINST MAKER.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. ROBERT DOUGHERTY. |
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Cases |
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Burns v. City of Mobile |
34 Ala. 485, Supreme Court of Alabama (June 01, 1859) |
1859 |
[PROCEEDING FOR VIOLATION OF MUNICIPAL ORDINANCE.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. |
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Cases |
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Burrough v. Brooks |
3 Head 392, Supreme Court of Tennessee (December 01, 1859) |
1859 |
The complainants are the accommodation securities and endorsers of one Tyree Oldham, and as such filed this bill in the Chancery Court at Winchester, on the 24th of November, 1857, under the 8th section of the act of 1836, ch. 43, to attach his estate. The cause stated for the attachment is, that said Oldham was about to remove his property beyond... |
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Cases |
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Byram v. McGuire |
3 Head 530, Supreme Court of Tennessee (December 01, 1859) |
1859 |
This action was instituted by McGuire against Byram, to recover damages for the loss of his jack. The declaration has two counts: one in trover, and the other in case for negligence. The jury found for the plaintiff, and the defendant has appealed to this court. The plaintiff and defendant were neighbor--residing within three-fourths of a mile of... |
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Cases |
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Byrd v. Lipscomb |
20 Ark. 19, Supreme Court of Arkansas (January 01, 1859) |
1859 |
The decree of the Circuit Court is fully sustained by the law as declared by this Court in the case of Kelly's Heirs v. McGuire et al., 15 Ark. Rep. 555. There is no new question raised in this case, and it is not to be presumed that a case that had undergone the consideration and deliberation of that case is to be overruled. It cannot, with any... |
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Cases |
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Caldwell v. Dickson |
29 Mo. 227, Supreme Court of Missouri (October 01, 1859) |
1859 |
The evidence of the witness William B. Caldwell was properly excluded for irrelevancy. The paper to which he referred was a different one from that on which the suit was founded; he had no knowledge that it was ever delivered to the respondent, or that it was ever seen by him. The declarations of the respondent, as testified to by another witness... |
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Cases |
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Calloway v. Bryan |
6 Jones (NC) 569, Supreme Court of North Carolina (August 01, 1859) |
1859 |
The statute expressly makes it a felony for the offending party to marry after a divorce, his or her former wife or husband being alive, and such marriage is null and void. It was Held, therefore, that the administrator of a husband, who had married a woman so offending, could not recover of her, property, given to her during the... |
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Cases |
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Calmes v. Duplantier |
14 La.Ann. 814, Supreme Court of Louisiana (November 01, 1859) |
1859 |
Appeal from the District Court of the Parish of East Baton Rouge. |
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Cases |
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Cantrell v. Adderholt |
28 Ga. 239, Supreme Court of Georgia (March 01, 1859) |
1859 |
The act of 1759, (Cobb, 18,) for better regulating fences in the province of Georgia, and which remains in full force to this date, is too plain and imperative to admit of doubt or tolerate evasion. The fence therein required to be erected, applies to any garden, orchard, rice ground, indigo field, plantation or settlement; and there is no... |
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Cases |
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Caraway v. Smith |
28 Ga. 541, Supreme Court of Georgia (June 01, 1859) |
1859 |
1. There can be no doubt that the charge was right. Childers vs. Childers, 21 Ga. 377. 2. This decides all the questions in the case except one-the plaintiff's examination of defendant in fi. fa. as a witness. This the plaintiff did without objection from the claimant, until after the verdict. The objection was then too late; the claimant had... |
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Cases |
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