TitleCitationYearSummaryMost RelevantTypeStatus
French v. Davis 9 George 167, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1 PROBATE COURT: PRACTICE AND PLEADING: CROSS-BILL: DISTRIBUTION.-Petitions for the distribution of estates are informal, and not regulated by technical rules; and it is competent for either party to introduce such evidence, in proceedings of that character, as may be necessary to show what judgment shall be rendered, without regular and formal...   Cases  
Freshwater v. Baker 7 Jones (NC) 255, Supreme Court of North Carolina (December 01, 1859) 1859 The facts in this case, so far as they relate to the first, second and third points of defense, are identical in all matters of substance with those in Freshwater v. Nichols, 52 N.C. 251. The form of action is different, but the requirements as to proofs are the same. For the reasons, therefore, which governed us in our conclusions, as to these...   Cases  
Fuller v. Fuller 5 Jones Eq. 223, Supreme Court of North Carolina (December 01, 1859) 1859 A bequest to A, if or provided or when he arrives at age or marries, standing alone, does not vest, unless the condition is performed, and will not devolve upon his personal representatives should he die before arriving at age or marriage. The words if and provided, import an absolute condition, but when is not so stubborn, and will...   Cases  
Fulton v. Smith 27 Ga. 413, Supreme Court of Georgia (January 01, 1859) 1859 Was the Court right in sustaining the demurrer to the bill? The first ground of the demurrer, was, that Gilbert, the executor of Smith, the elder, was improperly joined with the other defendants, in the bill. [1.] This was a good ground, unless Gilbert had in his hands, some of the property covered by the agreement. It does not appear whether he...   Cases  
Fuselier v. Babineau 14 La.Ann. 764, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of St. Martin, Martel, J.   Cases  
Futrill v. Futrill 5 Jones Eq. 61, Supreme Court of North Carolina (December 01, 1859) 1859 The counsel on both sides have discussed the question, whether the injunction, in the present case, is a common, or a special one, according to the distinction taken between the two kinds in Capehart v. Mhoon, Busbee's Eq. 30, and other cases. This question, we deem it unnecessary to decide, because, if we assume it to be a common one, as contended...   Cases  
Gaiennie v. Freret 14 La.Ann. 488, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
Gardiner v. Thibodeau 14 La.Ann. 732, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases  
Garrett v. Brock 27 Ga. 576, Supreme Court of Georgia (March 01, 1859) 1859 Was the Court below right in sustaining the motion to dismiss the action? The ground on which the motion was put and decided, was, that the trust had ceased and determined, according to the provisions of the deed of trust. Was this ground true? The first argument employed to show it true, was, that the trust expired at the death of Warner...   Cases  
Gatling v. Newell 12 Ind. 118, Supreme Court of Indiana (May 26, 1859) 1859 This case was heretofore before this Court upon the pleadings (7 Ind. R. 147), and again after trial (9 Ind. R. 572); and a rehearing having been petitioned for, by the appellees, and granted, as to certain points, we have again considered the case as to those points. In regard to the points decided by the opinion in 9 Ind. R., against the rulings...   Cases  
Gay v. Gay 29 Ga. 549, Supreme Court of Georgia (November 01, 1859) 1859 Counsel for the caveator and defendant in error waive the question as to the right of the plaintiff in error to retract his renunciation of the office of executor, and insist only upon the ground, that the estate of the testator was fully administered. And we concur with the Circuit Judge upon this point. When the executor assents to the life...   Cases  
George v. Demouy 14 La.Ann. 145, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of Pointe Coupée, Ratliff, J.   Cases  
Gibson v. Hill 23 Tex. 77, Supreme Court of Texas (January 01, 1859) 1859 Where the judgment of the district court has been once before reversed, and the cause remanded for another trial, because the verdict was not supported by the evidence, and on a second trial, the verdict of the jury, upon very nearly the same testimony, resulted as did the first; this court, although unwilling to disturb a second verdict, will...   Cases  
Gibson v. Jayne 8 George 164, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. STATUTE OF LIMITATIONS: REMAINDERMAN.-The Statute of Limitations will not commence running against a person entitled to property in remainder, until the determination of the particular estate. 2. SAME: REMAINDERMAN NOT AFFECTED BY LACHES OF TENANT IN POSSESSION.-No laches will be imputed to a remainderman, nor will he be affected by the laches...   Cases  
Giddens, for Use of Jones, v. Dismukes 29 Ga. 110, Supreme Court of Georgia (June 01, 1859) 1859 The failure to deliver property on the day of sale, and within the hours of sale, is a forfeiture of the forthcoming bond; and notwithstanding, the property is subsequently taken into custody by the Sheriff, it is not necessarily a discharge of the bond; but damages may be recovered for any expense which has been incurred by reason of said failure...   Cases  
Gilbert v. Hollinger 14 La.Ann. 441, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Gilkey v. Peeler 22 Tex. 663, Supreme Court of Texas (January 01, 1859) 1859 The husband is not a competent witness for the defendant, in a suit against the administratrix of an estate, for the recovery of property, claimed by her as belonging to the estate, and in which estate his wife, would be entitled to a distributive share, as an heir of the intestate. Where a party takes the depositions of a witness, incompetent to...   Cases  
Gillam v. Caldwell 11 Rich.Eq. 73, Court of Appeals of Equity of South Carolina (May 01, 1859) 1859 The testator devised and bequeathed his estate, real and personal, to his executors, in trust, for the sole and separate use of his two daughters, each to take one-half for life, with remainder to her issue, and should one die without leaving issue her surviving, then her share to the surviving daughter for life, with remainder to her issue; but...   Cases  
Gilmore v. Johnson 29 Ga. 67, Supreme Court of Georgia (June 01, 1859) 1859 [1.] The verdict in this case held to be supported by the evidence. [2.] Where husband and wife are parties on one side to an agreement for the benefit of the wife and children, and they have become entitled by an advantageous part performance by the other side, to a full performance for the benefit of the wife and children, the husband cannot...   Cases  
Gleises v. McHatton 14 La.Ann. 560, Supreme Court of Louisiana (June 01, 1859) 1859 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
Glen v. Kimbrough 5 Jones Eq. 173, Supreme Court of North Carolina (December 01, 1859) 1859 George Kimbrough, Senior, the testator of the defendants, was the executor of George Kimbrough, Junior, and, therefore, the defendants, upon a well known principle-became the executor of the first testator. It appears, furthermore, that George Kimbrough, Junior, was the administrator of Philip Howard; that he took administration in 1818, and died...   Cases  
Glover v. Graeser 10 Rich.Eq. 441, Court of Appeals of Equity of South Carolina (January 01, 1859) 1859 An assignment for the benefit of creditors described a demand belonging to a preferred class as about five thousand dollars. The demand was for about four thousand three hundred dollars, due on a memorandum check, which bore interest: Held, that the interest as well as the principal was a preferred debt by the terms of the assignment....   Cases  
Goodwyn v. Goodwyn 29 Ga. 225, Supreme Court of Georgia (August 01, 1859) 1859 A verdict is not unsupported by the evidence, where the evidence against the verdict is conflicting in itself, and where there is evidence in favor of it, consisting of the sayings of the person against whom it is rendered. Trover, in Coweta Superior Court. This was an action of trover, by Napoleon B. Goodwyn against Nancy Goodwyn, to recover...   Cases  
Gorin v. Gordon 9 George 205, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. HUSBAND AND WIFE: MARRIAGE SETTLEMENT FAVORED.Antenuptial settlements, when fairly made, are favored by the courts, not only on account of the security thereby provided for the wife, but because a provision for the issue of the marriage is usually the great and immediate object in view; and therefore, the most favorable exposition will be...   Cases  
Gorman v. Hammond 28 Ga. 85, Supreme Court of Georgia (March 01, 1859) 1859 A part of the 8th section of the tax act of 1804, says, that If any person shall be convicted of making a false return of his taxable property, he shall be liable to pay to the Clerk of the inferior court of the county, a fine of ten dollars for every hundred dollars...   Cases  
Goss v. Eberhart 29 Ga. 545, Supreme Court of Georgia (November 01, 1859) 1859 The question in this case, arises upon the construction of the 6th item of the will of the late William H. Barnett. The testator having in the previous parts of his will, disposed of his property to his wife and children, proceeds thus: My will and desire is, and I do hereby give and bequeath all of the property of every description, that I have...   Cases  
Gossett v. Weatherly 5 Jones Eq. 46, Supreme Court of North Carolina (December 01, 1859) 1859 In a suit brought for the settlement of a copartnership, where it was established that the defendant had been a member of the firm, it was Held that the onus of proving an averment of the dissolution of the firm, devolved upon him. Where one of a copartnership of three, was permitted to withdraw from the firm, it was Held, that no inference was to...   Cases  
Green v. Banks 24 Tex. 508, Supreme Court of Texas (January 01, 1859) 1859 Causes for the trial of the right of property levied upon by executions, in favor of different plaintiffs, should not be consolidated. It is not a corect practice to take from the claimant, a joint bond to the plaintiffs in both executions; though a liability in favor of each of several obligees may be created in the same bond. Where the court has...   Cases  
Green v. Green 14 La.Ann. 39, Supreme Court of Louisiana (January 01, 1859) 1859 Appeal from the District Court of the Parish of Pointe Coupée, Ratliff, J.   Cases  
Green's Adm'x v. Creighton 64 U.S. 90, 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 Mississippi. The bill was originally filed by Daniel Green, a citizen of the State of Arkansas, against Fletcher Creighton and Jonathan McCaleb. Whilst the proceedings were pending, McCaleb died, and a bill of revivor was filed against Fletcher Creighton,...   Cases  
Greenwood v. Coleman 34 Ala. 150, Supreme Court of Alabama (January 01, 1859) 1859 [BILL IN EQUITY TO ENFORCE VOLUNTARY CONVEYANCE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Grimes v. Talbert 14 Md. 169, Court of Appeals of Maryland (July 15, 1859) 1859 This is an appeal from an order of the Orphans' Court for Prince George's County, refusing to grant letters of administration on the personal estate of James D. Barrett, deceased. It appears from the record, that the deceased died on the 10th of May, 1830, leaving a widow, Lucy Barrett, who has since intermarried with John P. Talbert, and several...   Cases  
Grubb v. McCoy 2 Met. 486, Court of Appeals of Kentucky (January 02, 1859) 1859 1. The law prescribes but one mode in which a tenant or under tenant may discharge the levy of a distress warrant upon his property; and that is by executing the bond provided for by section 721 of the Civil Code. 2. The levy of a distress warrant upon the property of under tenants was valid and regular, and the property liable for the rent due...   Cases  
Hache v. Ayraud 14 La.Ann. 178, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of Ascension, Duffel, J.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Hallet v. Desban 14 La.Ann. 529, Supreme Court of Louisiana (June 01, 1859) 1859 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Hancock v. Tucker 8 Fla. 435, Supreme Court of Florida (January 01, 1859) 1859 1. The rule that on discovery of a fraud in a contract, the defendant should abandon and avoid claiming benefit by it; and, in case of a sale of goods, on discovery of unsoundness, that a return should be made by the vendee, is undoubted and indisputable, but not applicable to cases of sale of property of no value and when the subject purchased is...   Cases  
Haralson v. White 9 George 178, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. EXECUTOR AND ADMINISTRATOR: ACCOUNTS: WHAT A SUFFICIENT VOUCHER FOR PAYMENT OF A JUDGMENT.-The receipt of a sheriff, given to an executor, which shows on its face that an execution was in the sheriff's hands against the decedent, and that it was paid to him by the executor, is prima facie evidence of the existence of the judgment, and is a...   Cases  
Harden v. Webster, Parmelee & Co. 29 Ga. 427, Supreme Court of Georgia (August 01, 1859) 1859 [1.] A certificate in the following form: The above and foregoing is a true copy, &c., is a sufficient authentication of a record. [2.] When suit is brought against the claimant on his forthcoming bond, it is too late to insist that the appeal was not regularly entered in the proceedings, in which the property was found subject. [3.]...   Cases  
Hardin v. Brown 27 Ga. 314, Supreme Court of Georgia (January 01, 1859) 1859 [1.] An award of arbitrators at common law, may be attacked and set aside for fraud, and the parties against whom it is rendered, need not resort to a Court of Equity for that purpose. [2.] Under the Act of 1856, an award can only be impeached for fraud in the arbitrators. But at common law, an award may not only be vacated for corruption or...   Cases  
Hardy v. Voorhies 14 La.Ann. 776, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Lafayette, Martel, J.   Cases  
Hargraves v. Jones 27 Ga. 233, Supreme Court of Georgia (January 01, 1859) 1859 [1.] It is too late, when a cause is called for trial on the merits, for the defendant to move to dismiss a bill, because the complainant has an adequate common law remedy, the answers all being in and no demurrer filed. [2.] If the answer admits the equity in the bill, or what is alleged as equity, and alleges such matter, as, if proven, would...   Cases  
Harney v. Scott 28 Mo. 333, Supreme Court of Missouri (March 01, 1859) 1859 The only question in this case is whether the appeal, taken by the plaintiff, from the order of the probate court revoking his letters of administration, suspended the effect of the order. The point was decided in Mullanphy v. County Court of St. Louis County, 6 Mo. 563, and is decisive of this case.   Cases  
Harper v. Parker 28 Ga. 257, Supreme Court of Georgia (March 01, 1859) 1859 There are but two questions in this case: 1st, did the court err in rejecting the notes offered by the defendant? 2dly, was the charge of the court correct, and authorized by the evidence? 1. We think the court was wrong in refusing to allow the notes to go in evidence. The complainant in his bill alleges that he was to pay the defendant $275 for...   Cases  
Harrison v. Deramus 33 Ala. 463, Supreme Court of Alabama (January 01, 1859) 1859 [BILL IN EQUITY FOR RESCISSION OF CONTRACT.] APPEAL from the Chancery Court of Lowndes. Heard before the Hon. WADE KEYES.   Cases  
Harrison v. Ward 5 Jones Eq. 236, Supreme Court of North Carolina (December 01, 1859) 1859 It is quite clear, to our minds, that it was intended, in this will, to limit over the estate, given to Benjamin F. Simmons, in the same way mutatis mutandis, as that given to the daughter, Mary Ann. The testator bequeaths in the fourth paragraph, property, real and personal, to his said daughter, and, on her marriage, to herself and husband...   Cases  
Harry v. Constantin 14 La.Ann. 782, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Lafayette, Martel, J.   Cases  
Haynes v. Harbour 14 La.Ann. 237, Supreme Court of Louisiana (April 01, 1859) 1859 Appeal from the District Court of the Parish of East Feliciana, Ratliff, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Haynes v. Stovall 23 Tex. 625, Supreme Court of Texas (January 01, 1859) 1859 If the plaintiff seek to make a wife's property liable, upon principles of equity, he must show, by averments and proof, the condition and amount of her estate, and the value of its issues and profits, in order that the court may be informed as to the proper decree that should be made. The court will not order the sale of the corpus of a wife's...   Cases  
Hazelrigg v. Donaldson 2 Met. 445, Court of Appeals of Kentucky (December 21, 1859) 1859 1. When an attachment has been levied, and the defendant has executed the bond with security authorized by the Civil Code, (secs. 242, 243,) the attachment is discharged by operation of law, and the obligors in the bond are bound unconditionally to perform the judgment of the court in the action. In an action to enforce the bond neither the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Heath v. State 34 Ala. 250, Supreme Court of Alabama (June 01, 1859) 1859 [INDICTMENT FOR RESISTING PROCESS.] FROM the Circuit Court of Autauga. Tried before the Hon. A. A. COLEMAN.   Cases  
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