TitleCitationYearSummaryMost RelevantTypeStatus
Helvenstein v. Higgason 35 Ala. 259, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION ON PROMISSORY NOTE GIVEN FOR PURCHASE-MONEY OF LAND.] APPEAL from the Circuit Court of Marion. Tried before the Hon. WM. S. MUDD.   Cases  
Henderson v. Hayne 2 Met. 342, Court of Appeals of Kentucky (October 18, 1859) 1859 1. The proceedings by bill in chancery to contest the validity of a will, prescribed by section 11 of the act of 1797, (2 Stat. Law, 1543,) was not--as to wills admitted to probate prior to July, 1852, when the Revised Statutes took effect--repealed by the Revised Statutes, nor by the Civil Code in force at the adoption of the revision; and where...   Cases  
Herbert v. Butterworth 23 Tex. 250, Supreme Court of Texas (January 01, 1859) 1859 The plaintiff, who sued to recover wages as an overseer, propounded interrogatories to the defendant,--whether the defendant had not discharged him, after having been in his employment about ten months? and whether the plaintiff had not always been ready and willing, to conform to the terms of his contract? The defendant after giving an affirmative...   Cases  
Hereford v. Babin 14 La.Ann. 333, Supreme Court of Louisiana (April 01, 1859) 1859 Appeal from the District Court of the parish of East Baton Rouge, Beale, J.   Cases  
Hickman's Estate v. Boggus 14 La.Ann. 609, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
Hill v. State 28 Ga. 604, Supreme Court of Georgia (June 01, 1859) 1859 The indictment charged the defendant as a principal. The evidence showed that another inflicted the mortal blowthe prisoner being present, aiding and abetting. Held, That the variance was immaterial; both being principals in law, as well as in deed; and the stroke of one being in law the stroke of the other. Murder, in Decatur Superior...   Cases  
Hill v. Townsend 24 Tex. 575, Supreme Court of Texas (January 01, 1859) 1859 A plaintiff, who has made affidavit of the loss, etc., of an original instrument, under which he claims, is not bound to receive a paper tendered him by the defendant, as such original, but may introduce parol evidence of its execution and contents. When the plaintiff has closed his case, the defendant may, in order to rebut the parol evidence...   Cases  
Hinton v. State 24 Tex. 454, Supreme Court of Texas (January 01, 1859) 1859 This court will not reverse a judgment for the refusal of a new trial, on the ground of the admission of improper testimony, if the appellant neither objected to its introduction, nor moved to exclude it during the trial; and where, so far as the record shows, it might have been a proper response to some question propounded by his counsel. Sudden...   Cases  
Hodges v. Little 7 Jones (NC) 145, Supreme Court of North Carolina (December 01, 1859) 1859 If the limitation had been to Elizabeth Holland for life, and then to her lawful heirs, there can be no question she would have taken the absolute estate by force of the rule in Shelley's case. Ham v. Ham, 1 Dev. and Bat. Eq. Rep. 598; Sanderlin v. Deford, 2 Jones' Rep. 74. Indeed, this position is assumed by Mr. Rodman for the plaintiff. Taking...   Cases  
Hogan v. Burnett 8 George 617, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. CHANCERY: PLEADING: FRAUDULENT CONVEYANCE.An allegation in a creditor's bill filed to set aside a fraudulent conveyance, that the conveyance is void on its face and fraudulent as to creditors, is insufficient to render the facts appearing on the face of the conveyance competent evidence to establish fraud, unless it be also...   Cases  
Holt v. Hogan 5 Jones Eq. 82, Supreme Court of North Carolina (December 01, 1859) 1859 1. Under the third clause of the will of William Hogan, Mrs. Hogan took a life-estate in the land and personal estate therein mentioned, with a power of appointment among the children at her death, but in the profits of this property, and one-fifth of the produce of the mill-plantation during her life, she took an absolute interest, and was...   Cases  
Hook v. Stovall, Dunn & Co. 26 Ga. 704, Supreme Court of Georgia (January 01, 1859) 1859 [1.] Duty of the Court to admit material evidence to the jury, at any time before the argument before the jury is closed, provided the evidence was not within the knowledge of the party offering to introduce it before. [2.] It is no ground for continuing a cause, that one of the jury, after he was taken to try a cause, was discovered to be...   Cases  
Hooker v. Johnson 8 Fla. 453, Supreme Court of Florida (January 01, 1859) 1859 This was an action of assumpsit, instituted in the Circuit Court of Hillsborough county by the appellee, William H. Johnson, against William B. Hooker, the appellee. The declaration contained the common indebitatus counts for goods sold and delivered, work and labor done and materials furnished, together with the usual money counts. The defendant...   Cases  
Howard v. Cannon 11 Rich.Eq. 23, Court of Appeals of Equity of South Carolina (May 01, 1859) 1859 An absent defendant, having an interest under an assignment for the benefit of creditors, may be restrained by injunction from enforcing his judgment by seizure and sale of the assigned estatethe judgment having been recovered against the assignor after the execution of the assignment. A party who obtains judgment in the United States Court,...   Cases  
Howard v. Snelling 28 Ga. 469, Supreme Court of Georgia (June 01, 1859) 1859 1. One or more of several joint-tenants, or tenants in common, may sue separately in trover. 2. If the cestui que trusts are entitled to the possession of property under a trust deed, they may maintain trover against a stranger, to recover the property, and such recovery would be a protection to the defendants, against a suit brought by the...   Cases  
Howell v. Howell 20 Ark. 25, Supreme Court of Arkansas (January 01, 1859) 1859 Bill for dower, and for other purposes, determined in the Pope Circuit Court. The complainants in the bill are Elvira Howell, and her two minor children, Robert D. and English J., suing by their next friend, John B. Curtis. Elvira Howell is the widow, and the two minor complainants are sons and heirs at law of English J. Howell, deceased. The...   Cases  
Howerton v. Holt 23 Tex. 51, Supreme Court of Texas (January 01, 1859) 1859 An assignment to secure a particular creditor, whereby it is stipulated, that the assignee shall dispose of the property assigned, and after discharging his debt, return the surplus, if any, to the assignor, may be regarded as a trust in the nature of a mortgage, with some of the qualities of an assignment. The absence of proof that the assignor...   Cases  
Huckabee's Adm'r v. Andrews 34 Ala. 646, Supreme Court of Alabama (June 01, 1859) 1859 [PROCEEDING BY WIDOW FOR RECOVERY OF DISTRIBUTIVE SHARE OF ESTATE OF DECEASED HUSBAND.] APPEAL from the Probate Court of Greene.   Cases  
Hunt v. Printup 28 Ga. 297, Supreme Court of Georgia (March 01, 1859) 1859 An attorney at law is not liable to an action at law who acts bona fide in the discharge of the ordinary duty of an attorney, and especially in directing a levy on property which the plaintiff admits in a consent decree subsequently made by a court in chancery, was subject to the payment of this identical debt. Trespass, from Floyd county. This was...   Cases  
In re Berry 7 Mich. 467, Supreme Court of Michigan (December 06, 1859) 1859 The court held the case to be clearly beyond the jurisdiction of the police justice, and ordered petitioner to be discharged.   Cases  
In re Charge to Grand Jury 3 Phila. 527, Circuit Court, D Georgia (November 01, 1859) 1859 A circumstance has recently occurred in this city which impresses the larger portion of its people, I may say all, with few exceptions, that the same vessel has been positively taken from this port to be engaged again in the same unlawful trade. This incident, with some exceptions that you may be called upon to act upon it, and upon bills for...   Cases  
In re Opinions of the Justices 46 Me. 561, Supreme Judicial Court of Maine (January 01, 1859) 1859 ORDERED, That the Justices of the Supreme Judicial Court be requested to communicate forthwith, to the House of Representatives, their opinion, in writing, upon the following question:-- Are section twenty of chapter seventy-nine; sections thirty-seven and fifty-three of chapter eighty; and section four of chapter one hundred and thirty-two of the...   Cases  
Ingersoll v. Robinson 35 Ala. 292, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION ON PROMISSORY NOTE, BY PAYEE AGAINST MAKER.] APPEAL from the Circuit Court of Russell. Tried before the Hon. JOHN GILL SHORTER.   Cases  
Ingram v. Ingram 29 Ga. 553, Supreme Court of Georgia (November 01, 1859) 1859 It will be conceded that the words used in this will, are sufficient to vest the legal title to the property in William Fraley. And the question is whether, from the whole will, we are bound to infer it was not the intention of the testator to give it to him absolutely, but on the contrary, that a trust was intended. If so, William Fraley, the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Irving v. Melton 27 Ga. 330, Supreme Court of Georgia (January 01, 1859) 1859 Did Elbert Melton have the right to appeal without giving security? The Court below held that he had. And, it is clear, he had, if the suit against him, was against him as administrator. The Judiciary Act, of 1799, says so. The question, then, is, was the suit against him as administrator? It may be assumed, that a suit against a person who is an...   Cases  
Isaac v. State 2 Head 458, Supreme Court of Tennessee (April 01, 1859) 1859 The prisoner was convicted in the Criminal Court of Memphis, of the murder of a white man, named Gideon Bauden, and sentenced to be hung. From this judgment an appeal in error was prosecuted to this court. Of the several errors assigned, the only one thought necessary to be considered for the present, arises out of the action of the court in regard...   Cases  
Jackson v. Hays 14 La.Ann. 577, Supreme Court of Louisiana (June 01, 1859) 1859 Appeal from the District Court of the Parish of Carroll, Farrar, J.   Cases  
Jackson v. Payne's Ex'rs 2 Met. 567, Court of Appeals of Kentucky (January 31, 1859) 1859 1. The general rule is, that parol evidence of the intention of a testator is inadmissible for the purpose of explaining, contradicting, or adding to the contents of a will; but that its language must be interpreted according to its proper sighification, or with as near an approach thereto as the body of the instrument, and the state of the...   Cases  
Jamison v. Bridge 14 La.Ann. 31, Supreme Court of Louisiana (January 01, 1859) 1859 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Jane v. Commonwealth 2 Met. 30, Court of Appeals of Kentucky (October 14, 1859) 1859 1. The general rule as to the admissibility of the confession of a prisoner as evidence against him in a criminal prosecution is, that the confession, to be admissible as evidence, must be voluntary, not procured by any improper influence, nor extracted from the prisoner by means of threats or promises. When, however, a statement made by a prisoner...   Cases  
Jarman v. Ellis 7 Jones (NC) 77, Supreme Court of North Carolina (December 01, 1859) 1859 Where the members of a firm gave a bond, individually, for a debt of the firm, and property was delivered by them and accepted as a payment thereof, it was Held that the bond was thereby discharged, and that it was not in the power of one of the obligors, by agreement with the obligee, to withdraw the payment, and thus again put the bond in force....   Cases  
Jenkins v. Gowen 8 George 444, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 JUDGMENT: LIEN ON SUBSEQUENT ACQUISITIONS BY DEFENDANT.-Both under the Act of 1824 (Hutch. Dig. 881, Art. 3), and the Revised Code, 524, Art. 261, judgments and decrees, enrolled according to law, are a lien on property acquired by the defendant after their rendition. See Moody v. Harper, 25 Miss. R. 484; S. C. 28, Ib. 615.   Cases  
Jenkins v. Jenkins 33 Ala. 731, Supreme Court of Alabama (January 01, 1859) 1859 [PARTIAL DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Talladega.   Cases  
Jeter v. Hewitt 63 U.S. 352, 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. It was an action brought by John P. Jeter, a citizen of Louisiana, resident in New Orleans, against James Hewitt and David Heron, citizens of the State of Kentucky, temporarily within the jurisdiction of the Circuit Court for...   Cases  
Joffrion v. Bordelon 14 La.Ann. 618, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Avoyelles, Cullom, J.   Cases  
Johnson v. Byerly 3 Head 194, Supreme Court of Tennessee (September 01, 1859) 1859 Byerly & Owens brought this suit against Johnson for $250, illegally paid to him by Owens, out of the money of the firm. They recovered, and the case is brought up by Johnson upon supposed errors in the charge of the court. Johnson carried on a large tannery near the place of business of Byerly & Owens. A good deal of his leather was stolen, and he...   Cases  
Johnson v. Hoyle 3 Head 56, Supreme Court of Tennessee (September 01, 1859) 1859 This bill was filed early in July, 1857, to attach, and hold subject to complainant's debt, the interest of Daniel H. Hoyle, his debtor, in both the personal and real estate of his father, John Hoyle, who had recently died intestate, in McMinn county. The administrator, and the other heirs and distributees, were made defendants. It charges that the...   Cases  
Johnson v. Johnson 2 Met. 331, Court of Appeals of Kentucky (October 13, 1859) 1859 1. It is a well settled rule that the words heirs of the body, heirs lawfully begotten of the body, and other similar expressions, are appropriate words of limitation, and must be construed as creating an estate tail, (which, by our statute, is converted into a fee-simple,) unless there be something else in the deed or will from which a...   Cases  
Jones v. Dexter 8 Fla. 276, Supreme Court of Florida (January 01, 1859) 1859 1. The act of 1828, which adopts the provisions of the law regulating descents as furnishing the rule for the distribution of personal estate, was intended to refer to any law of descents which might be in force at the time that the right to the distribution might become vested. 2. The two provisos contained in the act of 1829 regulating descents,...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Jones v. McMichael 12 Rich. 176, Court of Appeals of Law of South Carolina (May 01, 1859) 1859 A. and B. agreed by parol as follows: A. agreed to erect a steam sawmill on the land of B., and to manage the same at his own cost, and B. agreed to deliver at the mill, at his cost, all the timber growing on a certain tract of land belonging to B., and they were to divide the profits between them. A. erected the mill, and the parties complied with...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Josey v. Wilmington & M.R. Co. 12 Rich. 134, Court of Appeals of Law of South Carolina (May 01, 1859) 1859 It is no ground for a new trial that a juryman had an interest in the cause unknown to the party. Proof of the signatures of the officers of a corporation to a release purporting to have been executed by the corporation, is prima facie evidence of the execution and seal.   Cases  
Jumpertz v. People 21 Ill. 375, Supreme Court of Illinois (April 01, 1859) 1859 The great length of the record and of the written arguments in this cause, together with the necessity of filing the opinion of the court at the announcement of the decision, which has to be prepared during the term, while other business is pressing upon us, prevent us from even noticing all the points which have been raised and discussed, and,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Kearney v. Harrell 5 Jones Eq. 199, Supreme Court of North Carolina (December 01, 1859) 1859 The plaintiff alleges, that he executed the bond on which the judgment, in question, was obtained as a surety of the defendant, Jones, and complains that Carter, who also executed the bond as a surety of Jones, having obtained control of the judgment by taking an assignment to his use, is about to collect the whole of it from him. Carter does not...   Cases  
Kelly v. Davis 8 George 76, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. WILL: PROBATE IN COMMON FORM: EFFECT OF.-The decree of the Court of Probates, admitting a will to probate, in common form, is not like an ordinary decree or judgment, which protects those acting under it, until it is regularly set aside; but it is a mere incipient step in the execution of the will, and confers upon the executor, acting in good...   Cases  
Kelly v. Weaver 8 George 631, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. CHANCERY: JURISDICTION: USURY.-A court of equity has jurisdiction to grant relief against a usurious contract only where there are circumstances connected with the transaction, aside from the mere usurious agreement, which call for the interposition of the court, on account of the inadequacy of the powers of a court of law to grant full and...   Cases  
Kessee v. Mayfield 14 La.Ann. 90, Supreme Court of Louisiana (February 01, 1859) 1859 Appeal from the District Court of the Parish of Terrebonne, Roman, J.   Cases  
Kimbro v. Bullitt 63 U.S. 256, 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 middle district of Tennessee. The suit was brought upon three bills of exchange, which were accepted and paid by Bullitt, Miller, & Co., the drawees, for the accommodation of the drawers, Dement, Kimbro, & Sons, of which firm Joseph Kimbro was a partner....   Cases  
King v. Galloway 5 Jones Eq. 122, Supreme Court of North Carolina (December 01, 1859) 1859 We are clearly of opinion that the bill cannot be sustained, because it seeks relief in relation to one article of property, only, belonging to the estate of a decedent without calling for a general account and settlement of the estate. In the case of Baird v. Baird, 1 Dev. and Bat. Eq. 524, it was decided that one partner cannot demand an account...   Cases  
King v. Neely 14 La.Ann. 165, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of Concordia, Ratliff, J.   Cases  
King's Heirs v. Wartelle 14 La.Ann. 740, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
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