TitleCitationYearSummaryMost RelevantTypeStatus
Deloach v. Elder 14 La.Ann. 662, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Bossier, Egan, J.   Cases  
Denson v. Stewart 14 La.Ann. 703, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Caddo, Creswell, J.   Cases  
DERELICT. 9 U.S. Op. Atty. Gen. 374 (July 26, 1859) 1859     Administrative Decisions & Guidance  
Deshotels v. Soileau 14 La.Ann. 745, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases  
Dews v. Cornish 20 Ark. 332, Supreme Court of Arkansas (May 01, 1859) 1859 Where a debtor executes two deeds of trust to different trustees, to secure the payment of several debts, and the latter trust deed embraces all the property mentioned in the first, and also other property, a court of equity will not interfere to require the trustee in the second deed, to exhaust such other property, before resorting to that also...   Cases  
Dobbins v. Oswalt 20 Ark. 619, Supreme Court of Arkansas (October 01, 1859) 1859 The material questions of law, reserved at the trial in this case, arise upon the same marriage contract that was before this Court in Oswalt ex. v. Moore, 19 Ark 260, and its validity and efficiency to exclude the marital rights of the husband, and preserve to the wife a separate right to the property owned by her at the time of their marriage,...   Cases  
Doe ex dem. Burton v. Wright 2 Houst. 49, Superior Court of Delaware (April 01, 1859) 1859 Upon an application to the Orphans' Court by an administrator to sell lands of the decedent for the payment of his debts, the court has power to order the sale of the same, or any part of them, subject to his widow's right of dower therein: and the purchaser thereof subject to such reservation, or condition, if not appealed from will be estopped...   Cases  
Doe ex dem. Burton v. Wright 2 Houst. 49 (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...   Trial Court Orders  
Doe v. Roe 27 Ga. 187, Supreme Court of Georgia (January 01, 1859) 1859 The record in this case contains two assignments of error, one is on the judgment of the Court sustaining a demurrer to evidence, and the other on the refusal of the Court to give in charge to the jury a request submitted in writing by the counsel for plaintiff. The plaintiff offered in evidence proceedings had many years ago in Twiggs Superior...   Cases  
Dohan v. Wilson 14 La.Ann. 353, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Dorman v. State 34 Ala. 216, Supreme Court of Alabama (June 01, 1859) 1859 [INDICTMENT UNDER SPECIAL STATUTE FOR SELLING SPIRITUOUS LIQUORS.] FROM the Circuit Court of Greene. Tried before the Hon. WM. M. BROOKS.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Douthett v. Bodenhamer 4 Jones Eq. 444, Supreme Court of North Carolina (August 01, 1859) 1859 The question made as to the construction of the will of Thomas Brummett, admits of no doubt whatever. The plaintiffs have an interest contingent, and depending upon the death of the wife of the defendant, without having a child, and however the chances may be, they have such an interest as will be protected by this Court. It will be declared to...   Cases  
Doyal v. Smith 28 Ga. 262, Supreme Court of Georgia (March 01, 1859) 1859 1. Parol testimony cannot be received to add to or vary a will; but it is admissible to explain an equivocal clause. 2. A limitation of an estate by a testator to his wife, during her natural life or widowhood, is good. In Equity, from Henry county. This was a bill in equity, filed by John A. Smith, executor of the last will and testament of Elijah...   Cases  
Draper, Knox & Co. v. Jordan 5 Jones Eq. 175, Supreme Court of North Carolina (December 01, 1859) 1859 The separate estate of a married woman is not liable to her personal engagements generally, but only where the debt is charged specifically upon her separate estate, with the concurrence of the trustee, if there be one. CAUSE removed from the Court of Equity of Montgomery County. The facts disclosed in the pleadings are these: The plaintiffs are...   Cases  
Dubuque & P.R. Co. v. Litchfield 64 U.S. 66, Supreme Court of the United States (December 01, 1859) 1859 THIS case was brought up by writ of error from the District Court of the United States for the district of Iowa. In order that the reader may the more readily understand the question involved, he is requested to make a quasi map for himself according to the following directions: Take a page of paper, upon the eastern and western sides of which draw...   Cases  
Duckworth v. Duckworth 35 Ala. 70, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY TO ENJOIN PROBATE DECREE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Dunlap v. Hearn 8 George 471, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. HUSBAND AND WIFE: WITNESS: WIFE NOT COMPETENT FOR HUSBAND.-The wife is not a competent witness for or against her husband in a civil cause, under the provision of Art. 190, p. 510 of the Rev. Code. Lockhart v. Luker, 36 Miss. R. 68, overruled. 2. EVIDENCE: IRRELEVANT INADMISSIBLE: CASE IN JUDGMENT.-In a suit where the defendant claims title to...   Cases  
Dunnica v. Coy 28 Mo. 525, Supreme Court of Missouri (July 01, 1859) 1859 It is recited, in the sheriff's deed under which the plaintiff claims, that the execution was issued on the first day of April, 1854, directed to the sheriff of Chariton county, and delivered to Henry H. Davis, who was at that time sheriff of the county; that Davis levied the writ on the land in controversy, but that Robertson Moore, the successor...   Cases  
Dupree v. State 33 Ala. 380, Supreme Court of Alabama (January 01, 1859) 1859 [INDICTMENT FOR MURDER.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Durham v. Taylor 29 Ga. 166, Supreme Court of Georgia (June 01, 1859) 1859 [1.] If the proof to rectify a written contract, is sufficient to satisfy a jury beyond a reasonable doubt, it is as much as is necessary. [2.] A written marriage contract is subject to be rectified by the verbal contract which it was to reduce to writing, in every case in which not allowing it to be so rectified, would be to allow one of the...   Cases  
Dyke v. Dyer 14 La.Ann. 701, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Claiborne, Eagan, J.   Cases  
Dyson v. Phelps 14 La.Ann. 722, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Morehouse, Richardson, J.   Cases  
Eager v. Brown 14 La.Ann. 684, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Ouachita, Richardson, J.   Cases  
Eborn v. Waldo 6 Jones (NC) 438, Supreme Court of North Carolina (June 01, 1859) 1859 The decision in the Superior Court would formerly have been right; Pannell v. Hampton, 10 Ire. Rep. 468. But this action was brought in June, 1857, and the Act of 1854, Rev. Code, ch. 98, sec. 3, altered the law entirely, and no doubt advisedly, to meet the difficulty which was felt in the case mentioned. It enacts that when the property shall have...   Cases  
Ector v. Welsh 29 Ga. 443, Supreme Court of Georgia (August 01, 1859) 1859 [1.] Under our statute of 1854, (see Acts of 1853-54, p. 49,) confining objections in trials in the last resort, against depositions taken under commission, after the case has been submitted to the jury, to those which are based upon irrelevancy, no objection on account of the evidence being hearsay will be entertained. STEPHENS dissenting. [2.]...   Cases  
Edmonds' Ex'rs v. Goodwyn 28 Ga. 38, Supreme Court of Georgia (March 01, 1859) 1859 This is an attempt to enforce a foreign judgment, thirty years old, against certain persons in this State. To the plea of the statute of limitations, the complainant replies that while it is true that he had a cause of action upon his judgment against the estate of Burwell Goodwyn, the debtor, that he had none which he could enforce against the...   Cases  
Edwards v. Ballard 14 La.Ann. 362, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the District Court of the Parish of Madison, Farrar, J.   Cases  
Edwards v. Sanborn 6 Mich. 348, Supreme Court of Michigan (May 19, 1859) 1859 This is an action to recover damages for not shipping from Sandy Hill, in the state of New York, to the plaintiff at Ontonagon, a circular saw-mill purchased of defendant, and agreed to be shipped by him on a certain day. On the 31st of July, 1855, plaintiff contracted with defendant for a circular saw-mill. The contract price was four hundred and...   Cases  
Elliott v. Posten 4 Jones Eq. 433, Supreme Court of North Carolina (August 01, 1859) 1859 There is nothing in the will of James P. Doggett, which was executed in the year, 1850, to take the child of the woman, Mahala, which was born after that time, and before the death of the testator, out of the general rule, and make it pass under the will. The child is, therefore, undisposed of, and belongs to the next of kin. The same is the case...   Cases  
Elmore v. Spear 27 Ga. 193, Supreme Court of Georgia (January 01, 1859) 1859 A creditor who files a bill to enforce a legal right, and to collect his debt from legal assets, cannot be compelled to make other creditors parties to his bill. In Equity, in Macon Superior Court. Albert S. Elmore filed this bill against Wiley Spear, John Spear and Samuel M. Strong, of the State of Alabama, and Davis Gamage, of Macon county,...   Cases  
Emanuel v. State 7 George 627, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. HABEAS CORPUS: JUDGMENT SUSTAINING INDICTMENT CANNOT BE INQUIRED INTO EXCEPT ON WRIT OF ERROR.-The judgment of the Circuit Court sustaining the sufficiency of an indictment, constitutes the law of the case in all subsequent proceedings, until it has been reversed upon writ of error in this court; and hence, the correctness of such a judgment...   Cases  
Emerson v. Atwater 7 Mich. 12, Supreme Court of Michigan (July 12, 1859) 1859 The bill in this case is filed to enforce certain alleged equities, which complainant claims to have, in one hundred and eighty-one acres of land, and the proceeds thereof, conveyed by complainant to defendant Atwater on the 27th day of May, 1853. The conveyance is absolute on its face. The bill states there were three several mortgages on the land...   Cases  
Evans v. Kittrell 33 Ala. 449, Supreme Court of Alabama (January 01, 1859) 1859 [BILL IN EQUITY FOR SPECIFIC PERFORMANCE OF CONTRACT.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK.   Cases  
Everett's Executors v. Whitfield's Administrators 27 Ga. 133, Supreme Court of Georgia (January 01, 1859) 1859 Although time may be running against an equitable title, yet, if that title comes to an infant, time will cease to run against it, during the infancy; equity in this respect, following the statute of 1817. As to when the evidence is sufficient to warrant particular charges. In Equity, in Houston Superior Court. This cause came before the Supreme...   Cases  
Ex parte Burney 29 Ga. 33, Supreme Court of Georgia (June 01, 1859) 1859 [1.] It is a clear case, that an administrator is not entitled, at least not as a matter of right, to commissions on property turned over by him to a distributee, for this case is expressly excepted from the statute fixing commissions. [2.] But while we express the above opinion, we protest against its being drawn into a precedent authorizing this...   Cases  
Ex parte Bushnell 9 Ohio St. 77, Supreme Court of Ohio (May 01, 1859) 1859 1. The provisions of article 4, section 2, of the constitution of the United States, that no person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom...   Cases  
Ex parte Early 2 Ohio Dec.Reprint 56, Court of Common Pleas of Ohio, Hamilton County (January 01, 1859) 1859 This is an application made by Messrs. Jolliffe and Caldwell for the discharge of Lewis Early from the custody of the United States marshal. The petition sets forth that the custody is held under a warrant from Charles Brown, a commissioner of the United States; and that this commissioner had no legal authority to issue the same. The return of the...   Cases  
Ex parte Early 2 Ohio Dec.Reprint 56 (January 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...   Trial Court Orders  
Ex parte Kittrel 20 Ark. 499, Supreme Court of Arkansas (October 01, 1859) 1859 Where an application for bail in a capital case is made to the Circuit Court, and the judge is prevented, by other business, or indisposition, from disposing of the application during the term, it is his duty, if desired by the prisoner to, fix upon as early a day in vacation, as may be convenient, for hearing the application. Where an application...   Cases  
Fairbairn v. Fisher 4 Jones Eq. 390, Supreme Court of North Carolina (June 01, 1859) 1859 As the defendant appealed only from that part of the order which refused his motion to deliver up the bond which he had been required to give, and ordered it to be retained, the Court does not consider any other question that might be made on other parts of the order. On that, the Court is of opioion, there is error. The effect of the order is, to...   Cases  
Fairly v. Fairly 9 George 280, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. DEED: GIFT: CONSIDERATION OF ONE DOLLAR: CASE IN JUDGMENT.-A deed which, in consideration of natural love and affection, and of one dollar, conveys all the grantor's interest in a deceased person's estate, is sufficient to divest the grantor of all interest in the estate, real and personal, without a delivery of possession; and so, if the...   Cases  
Faribault v. Taylor 5 Jones Eq. 219, Supreme Court of North Carolina (December 01, 1859) 1859 The bill is filed by the plaintiff, as the administrator with the will annexed of Dr. Alexander H. Taylor, for the purpose of getting the advice and direction of the Court as to the proper construction of certain clauses in the will of the testator. 1. The difficulty is presented in the clause, which gives the share of his estate, to which the...   Cases  
Faulk v. Faulk 23 Tex. 653, Supreme Court of Texas (January 01, 1859) 1859 It is not a valid objection to a petition, that parties claiming different interests, the one a life estate, and the other an unqualified title in fee simple, assert their respective interests in the same action. Where the rights of infants require protection against the misconduct of their father, the authority of the court may be invoked against...   Cases  
Faulk v. Hough 14 La.Ann. 659, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Morehouse, Richardson, J.   Cases  
Fisk v. Parker 14 La.Ann. 491, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the Third District Court of New Orleans, Duvigneaud, J.   Cases  
Fite v. Lander 7 Jones (NC) 247, Supreme Court of North Carolina (December 01, 1859) 1859 The case agreed presents two questions, of which, the first is, whether the relator had any right of action against the defendant, Lander's intestate, for his neglect, as clerk, to take security when he issued the writ in favor of Slade and Barrett against him, except for the penalty of two hundred dollars, given by the 42d section of the 31st...   Cases  
Flanders v. Meath 27 Ga. 358, Supreme Court of Georgia (January 01, 1859) 1859 It is said that the verdict in this case, cannot be justified on legal principles, and so the presiding Judge seemed to think. That if the jury found for the plaintiff, they were bound to find a larger sum. Is this so? There was a principle referred to in the case of the Wynn girl, against the Macon and Western Rail Road Co., decided at the July...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Flanegan v. Garrison 28 Ga. 136, Supreme Court of Georgia (March 01, 1859) 1859 1 If the defendant claims title under the complainant, he has the right to show that title was in the complainant, if he can. 2 A guardian had a bastard child by his ward, and she agreed with him to settle a part of her property on the child. Held, that the agreement was not one which was void per se. In Equity, from Polk superior court. This was a...   Cases  
Fleming v. Gilmer 35 Ala. 62, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY BY FEME COVERT, AGAINST TRUSTEE'S EXECUTOR AND LEGATEE, FOR RECOVERY OF TRUST PROPERTY, WITH ACCOUNT OF HIRE AND PROFITS.] APPEAL from the Chancery Court of Tallapoosa. Heard before the Hon. JAMES B. CLARK.   Cases  
Ford v. Newcomer 14 La.Ann. 706, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Franklin, Richardson, J.   Cases  
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