TitleCitationYearSummaryMost RelevantTypeStatus
Carrie v. Cumming 26 Ga. 690, Supreme Court of Georgia (January 01, 1859) 1859 [1.] In cases of caveat of the probate of a will, the will and the allegations, if any, in support of it, and the caveat, or allegations against it, constitute the pleadings, and they ought to be submitted to the jury as making the issue between the parties. The reading of the will to the jury is no evidence of its validity. [2.] A will written by...   Cases  
Carson v. Moore 23 Tex. 451, Supreme Court of Texas (January 01, 1859) 1859 The judgment of revivor is so imperfectly and erroneously rendered, that it cannot be affirmed. It names one of the defendants, in the original judgment, as plaintiff. This is a clerical mistake, doubtless, but it would require that the judgment be reformed, by reversing, and rendering the proper judgment, if there were no other irregularity in the...   Cases  
Cary v. Cleveland & T.R. Co. 29 Barb. 35, Supreme Court, General Term, New York (January 01, 1859) 1859 A reversal of the judgment and a new trial is asked for, upon exceptions taken on the trial at the circuit. Only one or two questions were urged upon the argument of the appeal, yet as the counsel for the appellant has, in his printed points, taken the position that upon the whole evidence the plaintiff was not entitled to recover, and that the...   Cases  
Cason v. Cason 28 Mo. 47, Supreme Court of Missouri (January 01, 1859) 1859 1. Where a father gives money to his married daughter, though not to her separate use, and the husband purchases land therewith in his own name, such land will be deemed to have come to the husband in right of the marriage within the meaning of the third section of the dower act of 1845, (R. C. 1845, p. 430, ยง 3,) and if it remain undisposed...   Cases  
Cauley v. Lawson 5 Jones Eq. 132, Supreme Court of North Carolina (December 01, 1859) 1859 An agreement between parties previously to, and in contemplation of, marriage, that neither, after the death of one of them, shall claim any thing that had belonged to the other before marriage, was Held sufficient in equity to exclude the woman from dower, a year's provision and a distributive share. Where an object is sought to be obtained by a...   Cases  
Champ v. Com. 2 Met. 17, Court of Appeals of Kentucky (July 16, 1859) 1859 1. The right of a party to contradict his own witness, by showing that he has made statements different from his present testimony, (Civil Code, sec. 660,) does not depend upon the ability of the above party to prove, in addition, that the testimony of the witness is untrue. But he may contradict him first by other evidence, and secondly, by...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Chaplin v. Barrett 12 Rich. 284, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 Trover will not lie against an executor or administrator for a conversion by the testator or intestate in his lifetime.   Cases  
Churchill v. Churchill 2 Met. 466, Court of Appeals of Kentucky (December 30, 1859) 1859 1. The technical legal import of the word children accords with its ordinary and popular signification. It does not denote grandchildren. And, though sometimes used with that purpose and effect, there is no warrant for thus enlarging its meaning in construing a will, unless indispensably necessary to effectuate the obvious intent of the testator....   Cases  
City Council of Augusta v. Georgia Railroad and Banking Co. 26 Ga. 651, Supreme Court of Georgia (January 01, 1859) 1859 The City Council of Augusta, imposed a tax on the banking part of the capital of the Georgia Railroad and Banking Company, and a tax on the real estate of the company, situated in Augusta. The charter of the company, contains a provision in these words. The stock of the said company and its branches, shall be exempt from taxation for and during...   Cases  
City Council of Charleston v. Blake 12 Rich. 66, Court of Appeals of Law of South Carolina (January 01, 1859) 1859 An ordinance of the City Council of Charleston imposed a penalty on the owner or occupier of any house or room, the chimney of which should take fire, and blaze out at the top:-Held, That, where the premises were occupied by a tenant, the owner was not liable under the ordinance.   Cases  
City Council of Charleston v. Luhrs 12 Rich. 69, Court of Appeals of Law of South Carolina (January 01, 1859) 1859 Fees in the City Court of Charleston are regulated by the Act of 1827, and not by the Fee Bill of 1791. The City Court of Charleston is not a Magistrate's Court.   Cases  
City of New Orleans v. Fassman 14 La.Ann. 865, Supreme Court of Louisiana (December 01, 1859) 1859 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
City of New Orleans v. Guillotte's Heirs 14 La.Ann. 875, Supreme Court of Louisiana (December 01, 1859) 1859 Appeal from the Fifth District Court of New Orleans, Augustin, J.   Cases  
Clark v. Gautier 8 Fla. 360, Supreme Court of Florida (January 01, 1859) 1859 We have given this case the anxious deliberation and reflection due alike to its importance and the gravity of the interest involved, regretting that the shortness of the time allowed will not admit a more careful development of the legal principles and questions connected with its proper solution. The controversy arises from an application by...   Cases  
Clarkson v. Read 15 Gratt. 288, Supreme Court of Appeals of Virginia (August 31, 1859) 1859 In the case of Casamajor v. Strode, 1 Cond. Eng. Ch. R. 195, the broad doctrine is laid down by the vice chancellor, Sir John Leach, that a purchaser, under a decree for the sale of lands, though not a party to the cause, does, by the act of purchase, submit himself to the jurisdiction of the court as to all matters connected with that character....   Cases  
Claussen v. Salinas 12 Rich. 124, Court of Appeals of Law of South Carolina (January 01, 1859) 1859 After verdict on the inquiry docket, leave to defendant to appear and plead refused, it being admitted that he knew of the suit, and it not appearing that he had instructed an attorney to appear for him, although he stated on oath that he was fully under the impression and firmly believed he had done so.   Cases  
Clegg v. Lemessurier 15 Gratt. 108, Supreme Court of Appeals of Virginia (May 10, 1859) 1859 The action in this case is founded upon a promise in writing simply for the payment of money. The writing is signed with the name of the maker at the end of which is a pair of brackets by way of scroll with the word seal written within them. The declaration consists of two counts, the first of which alleges a sealed instrument in the...   Cases  
Clifton v. Holton 27 Ga. 321, Supreme Court of Georgia (January 01, 1859) 1859 The question in this case is not without embarrassment. Several propositions insisted on by the counsel for the Holtons, may be connected for the purposes of this decision. It may be granted that the blood relations of nearest kin, to the testator, are to be ascertained and fixed at the time of his death, and not the death of his son; a rather...   Cases  
Clinton v. Estes 20 Ark. 216, Supreme Court of Arkansas (January 01, 1859) 1859 The connection of individuals in an unlawful enterprise being shown, every act and declaration of each member of the conspiracy, in pursuance of the original concerted plan, and with reference to the common object, is, in contemplation of law, the act and declaration of them all, and is therefore original evidence against each of them: those acts...   Cases  
Clopton v. Norris 28 Ga. 188, Supreme Court of Georgia (March 01, 1859) 1859 An attorney not feed in the case may be employed to execute a commission to take the deposition of witnesses; and if the witness examined in reply to a question, who are present at the execution of these interrogatories, and who of them is feed counsel or agent for plaintiff in taking them? says that no one is present but the...   Cases  
Cloud & Shackleford v. Dupree 28 Ga. 170, Supreme Court of Georgia (March 01, 1859) 1859 1 In a claim case the sayings of the defendant in fi. fa., if against his interest, and made before the commencement of the suit against him, are admissible as evidence for the claimant. The expression, bona fide creditor in the act of 1847, for recording marriage settlements, means a creditor who gives credit on the faith of the...   Cases  
Coats v. Elliott 23 Tex. 606, Supreme Court of Texas (January 01, 1859) 1859 A fraudulent purchaser, pendente lite, may be made a party defendant, by amendment. 15 Tex. 400; 18 Tex. 198. Suing out a writ of sequestration, does not operate as a transfer of property, or enable the defendant to dispose of it. That a party, whose admissions have been given in evidence, was ignorant and simple-minded, may, in some cases, be...   Cases  
Cobb v. State 27 Ga. 648, Supreme Court of Georgia (March 01, 1859) 1859 [1.] It was not error for the presiding Judge to advise the Sheriff to cause the Constables of the county to summon a large number of persons qualified to serve as jurors, living in remote parts of the county, to attend at the Court House on the day appointed for the trial, that tales jurors might be summoned with convenience. [2.] It is not error...   Cases  
Cockrum v. State 24 Tex. 394, Supreme Court of Texas (January 01, 1859) 1859 The discretion given to the jury, by article 74 of the penal code, to direct, when the penalty affixed is imprisonment in the penitentiary for life, that the confinement may be solitary, or in whole, or in part, to labor, is not in conflict with article 612, as originally adopted, which provided that murder might be punished by death, solitary...   Cases  
Coffee's Adm'x v. Crouch 28 Mo. 106, Supreme Court of Missouri (January 01, 1859) 1859 The proceedings in this case are not remarkable for their regularity, but we are not prepared to say that substantial justice has not been done by the judgment of the court below. The defendant has no right whatever to the money or property in controversy. His intestate Barker only claimed the fund as trustee, and why suffer the defendant, claiming...   Cases  
COLLECTOR OF CUSTOMS AS INFORMER 9 U.S. Op. Atty. Gen. 400 (November 09, 1859) 1859     Administrative Decisions & Guidance  
Collins v. Thompson 63 U.S. 246, Supreme Court of the United States (December 01, 1859) 1859 THIS was an appeal from the Circuit Court of the United States for the southern district of Alabama. It was a bill filed by Collins, to set aside certain agreements, upon the ground that he had been imposed upon and deceived by Thompson and the other defendants in error. The facts are all stated in the opinion of the court. The Circuit Court...   Cases  
Comaux v. Doiron 14 La.Ann. 184, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of East Baton Rouge, Wilson, J.   Cases  
Commissioners of Louisburg v. Harris 7 Jones (NC) 281, Supreme Court of North Carolina (December 01, 1859) 1859 There is no ground to support the position that the statute is unconstitutional. The Legislature has power to confer on a municpal corporation authority to make by-laws and regulations for its better government, and, in pursuance thereof, the corporation may impose fines and penalties, so as to prevent the commission of acts calculated to disturb...   Cases  
Compton v. Perry 23 Tex. 414, Supreme Court of Texas (January 01, 1859) 1859 The assignment of errors does not indicate the supposed error in the charge of the court; nor is it perceived that there is any error, of which the appellant can complain. The legal effect, of the several deeds referred to, by which the title to the property was conveyed to Mrs. Compton, was correctly stated. And so was the effect of such a...   Cases  
Cook v. State 29 Ga. 75, Supreme Court of Georgia (June 01, 1859) 1859 Was the Court below right, in refusing the motion for a new trial? All the grounds of the motion, may be reduced to this one, that the evidence was not sufficient, to authorize the verdict. Was this one good? Cook set up a claim to the hog. If that claim was a real, and not a pretended, claim, he was not guilty of hog stealing. This may be assumed....   Cases  
Cooke's Lessee v. Kell 13 Md. 469, Court of Appeals of Maryland (May 31, 1859) 1859 This case has been discussed at the bar with great fullness of illustration, and the views of the respective counsel, presented with clearness and cogency of reasoning. To our minds--looking to past and distinctly recognized adjudications--the questions we are called upon to decide are confined within a narrow space. The action is one of ejectment,...   Cases  
COOLIE TRADE. 9 U.S. Op. Atty. Gen. 282 (March 11, 1859) 1859     Administrative Decisions & Guidance  
Cowles v. Morgan 34 Ala. 535, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY TO SUBJECT WIFE'S SEPARATE ESTATE TO PAYMENT OF CHARGE. APPEAL from the Chancery Court at Claiborne. Heard before the Hon. WADE KEYES.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Crawford v. Alexander 14 La.Ann. 708, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Bossier, Creswell, J.   Cases  
Crawford v. Baum 12 Rich. 75, Court of Appeals of Law of South Carolina (January 01, 1859) 1859 Where there is a fi. fa. against a firm, and an older fi. fa. against one of the members of the firm, if the sheriff sells the property of the partnership, he must apply the proceeds to the fi. fa. against the firm. Separate creditors of a member of a co-partnership are entitled only to the debtor's share of the partnership property after all the...   Cases  
Crawford v. Jones 24 Tex. 382, Supreme Court of Texas (January 01, 1859) 1859 Where the note sued on was in these terms, We, J. L. C., as principal, and J. A. C. and A. W. C. as securities, or either of us, promise to pay, etc.: Held, that J. A. C. had contracted as surety; and that it was error to dismiss as to the principal, not served, and take judgment against him. ERROR from Gonzales. Tried below before...   Cases  
Crawford v. Puckett 14 La.Ann. 639, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Natchitoches, Chaplin, J.   Cases  
Crews v. Threadgill 35 Ala. 334, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY TO HAVE ABSOLUTE CONVEYANCE DECLARED MORTGAGE.] APPEAL from the Chancery Court at Montgomery. Heard before the Hon. WADE KEYES.   Cases  
Cucullu v. Emmerling 63 U.S. 83, Supreme Court of the United States (December 01, 1859) 1859 THIS case was brought up by writ of error from the Circuit Court of the United States for the eastern district of Louisiana. In 1857, Emmerling, a resident of New Orleans, an alien subject of the Grand Duke of Hesse Darmstadt, filed his petition in the Circuit Court, alleging that Cucullu had employed him as a broker to sell an estate. The cause...   Cases  
Cuille v. Gassen 14 La.Ann. 5, Supreme Court of Louisiana (January 01, 1859) 1859 Appeal from the District Court of the Parish of Jefferson, Burthe, J.   Cases  
Cummings v. Harsabrauch 14 La.Ann. 711, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Caddo, Creswell, J.   Cases  
D'Aquin v. Armant 14 La.Ann. 217, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of St. James, Duffel, J.   Cases  
Darden v. Cowper 7 Jones (NC) 210, Supreme Court of North Carolina (December 01, 1859) 1859 We do not concur in the opinion of his Honor, that the evidence established such an injury to the land and wrong on the part of the defendant, as will enable a tenant in common to maintain an action on the case, in the nature of waste, against his cotenant. There is a marked distinction in respect of what constitutes waste, in the relation of a...   Cases  
Davis v. Christian 15 Gratt. 11, Supreme Court of Appeals of Virginia (January 25, 1859) 1859 1. Though, as a general rule, a partnership, whether for a definite or indefinite period, is terminated by the death of one of the partners; yet it may be continued longer by express agreement between the partners, or under the provisions of the will of the deceased partner, with the consent of the surviving partner. But in the latter case, if the...   Cases  
Davis v. Davis 24 Tex. 187, Supreme Court of Texas (January 01, 1859) 1859 Where service on the defendant has been by publication, and the proceedings are ex parte, if there be no statement of the facts upon which the final decree was rendered, incorporated into the decree itself, or preserved as a part of the record, the judgment will be reversed. ERROR from Collin. Tried below before the Hon. William S. Todd. This was a...   Cases  
Davis v. Millaudon 14 La.Ann. 868, Supreme Court of Louisiana (December 01, 1859) 1859 Appeal from the District Court of the Parish of St. Bernard, Foulhouze, J.   Cases  
Davis v. Robertson 14 La.Ann. 281, Supreme Court of Louisiana (April 01, 1859) 1859 Appeal from the District Court of the Parish of East Baton Rouge, Wilson, J., presiding.   Cases  
Dean v. Biggers 27 Ga. 73, Supreme Court of Georgia (January 01, 1859) 1859 In opposition to the application of the plaintiff in error for administration on the estate of Mrs. Holcombe, a will was produced and admitted to probate by the Ordinary, who nevertheless granted administration to Dean on a part of the estate, which did not pass by Mrs. Holcombe's will. G. W. Eppes was named as executor in the will. He does not...   Cases  
Debrell v. Ponton 22 Tex. 686, Supreme Court of Texas (January 01, 1859) 1859 The holder of a note, which, by the acknowledgment of the administrator and the approval of the chief justice, has become a recognized claim against the estate of the deceased maker, which has been closed without payment of the debt, may subject the interest to which the estate was entitled, in property that has passed into the hands of the...   Cases  
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