TitleCitationYearSummaryMost RelevantTypeStatus
McRee's Adm'rs v. Means 34 Ala. 349, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY TO ESTABLISH PRECATORY TRUST, FOR ACCOUNT, &C.] APPEAL from the Chancery Court of Lowndes. Heard before the Hon. WADE KEYES.   Cases  
Meadows v. Moore 5 Jones Eq. 54, Supreme Court of North Carolina (December 01, 1859) 1859 We have examined the will, in connection with the pleadings in the case, and are clear, in our opinion, as to the intention of testator. To us, the purpose seems manifest, to give the wife one half of the gross amount of his estate, and to subject the other half only to the payment of remaining legacies and charges. The legacies of fifty dollars to...   Cases  
Mercer v. Byrd 4 Jones Eq. 358, Supreme Court of North Carolina (June 01, 1859) 1859 Although it is the practice to allow affidavits in support of the allegations of the bill to be read, on applications to dissolve a special injunction or sequestration, and it is error to refuse them, yet, where upon an appeal the affidavits refused below were read, and with their aid, no case was made for such an injunction, it was Held that an...   Cases  
Meredith v. Hughes 28 Ga. 571, Supreme Court of Georgia (June 01, 1859) 1859 A husband is called upon to testify on an issue of devisavit vel non, where his wife takes an interest under the will if established by law, upon which his marital rights would attach; he by deed conveys the whole interest in trust for the sole and separate use of his wife and children; subsequently the wife relinquishes to her children. Held, That...   Cases  
Milburn v. Hardy 28 Mo. 514, Supreme Court of Missouri (March 01, 1859) 1859 One of the questions presented by this record is, whether the act of 13th June, 1812, confirmed any lot outside of the outboundary directed by that act to be run by the surveyor general; and upon this question it is deemed unnecessary to add any thing to what has already been said in the cases involving this point. (Milburn v. Hortiz, 23 Mo. 536;...   Cases  
Miller v. Blackburn 14 Ind. 62, Supreme Court of Indiana (November 01, 1859) 1859 The appellee was the plaintiff below, and the appellants, who are the heirs at law of one Robert Miller, were the defendants. The complaint, the object of which is to quiet the title to a tract of land in Montgomery county, alleges that on the 17th of May, 1855, Isaac Castor and his wife, Amy Castor, formerly Amy Miller, by deed in fee, conveyed...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Miller v. Garrett 35 Ala. 96, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION ON DETINUE BOND.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK.   Cases  
Miller v. Williams 15 Gratt. 213, Supreme Court of Appeals of Virginia (August 23, 1859) 1859 1. There is a sale of land under a decree to H who is the plaintiff in the suit; and the sale is confirmed and a conveyance ordered to the heirs of H, but no conveyance made. The heirs sell to third persons, but no deed is shown; but these purchasers take possession and put a tenant on the land. Afterwards on appeal the decree is reversed, the sale...   Cases  
Millican v. Millican 24 Tex. 426, Supreme Court of Texas (January 01, 1859) 1859 The recital, in the proceedings and decree of the probate court, making partition of an estate, that all the heirs were present, or represented, and consenting thereto, must be taken to be true, until the contrary is shown. That a letter of attorney from some of the heirs, is found among the papers of the estate, does not show that none others were...   Cases  
Mills v. Mills 3 Head 705, Supreme Court of Tennessee (December 01, 1859) 1859 It is not denied that James T. Mills, though of weak intellect, was competent to make the deed, dated the 18th of March, 1856, to Peter A. Wilkinson, and that the same was, in all respects, proper, and such a deed as he should have made. Neither is it controverted that the action of the County Court, in afterwards attempting to vacate this deed,...   Cases  
Mitchell v. Puckett 23 Tex. 573, Supreme Court of Texas (January 01, 1859) 1859 The questions in this case are settled by the opinion of the chief justice, delivered at this term, in the case of Watkins v. Edwards (supra, 443). In this, as in that, there was no proof of a valuable consideration paid by the subsequent purchasers. They paid their agent to go and get the transfers; but the agent, who is sworn as a witness, does...   Cases  
Molett v. State 33 Ala. 408, Supreme Court of Alabama (January 01, 1859) 1859 [INDICTMENT FOR FAILURE TO KEEP WHITE PERSON ON PLANTATION.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. WILLIAM M. BROOKS.   Cases  
Moncas v. Stacks 28 Ga. 35, Supreme Court of Georgia (March 01, 1859) 1859 A, as principal, and B as security, make a note to C. B takes up the note and endorses it in the second instance to D. A is sued to insolvency by Dmaking no defence. An action will lie against B at the instance of D, to recover upon the endorsement. Assumpsit, in Paulding superior court. This was an action of assumpsit by John K. Moncas, for...   Cases  
Montague v. Gaddis 8 George 453, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. ATTACHMENT: IN CASES WHERE THE DEBTOR HAS REMOVED, OR ABOUT TO REMOVE HIS PROPERTY.The object of the statute allowing an attachment where the debtor has removed, or is about to remove his property from this State, is to secure to the creditor the collection of his debt in this State, and to provide against the danger of its loss by the...   Cases  
Monteith v. Commonwealth 15 Gratt. 172, Supreme Court of Appeals of Virginia (May 23, 1859) 1859 1. On a motion against a sheriff and his sureties for his failure to pay the taxes due to the commonwealth, it is not necessary that the notice should state on what bond of the sheriff the motion will be made. 2. M is elected sheriff of S in May 1854, and gives bond as such. In July 1856 he gives bond under the act of March 15th, 1856, extending...   Cases  
Montgomery v. Nash 23 Tex. 157, Supreme Court of Texas (January 01, 1859) 1859 The main facts, involving the right of defendants in error to sue, and liability of the plaintiffs to be sued, are similar, in this case, to those in the case of Montgomery and Wife v. Culton, just decided (supra, p. 156); and the rules of law applicable thereto, were discussed and settled in the latter case, when previously in this court....   Cases  
Moody v. Moody 29 Ga. 519, Supreme Court of Georgia (November 01, 1859) 1859 [1.] An appeal from the Court of Ordinary, like an appeal in other cases, carries up the whole case for a new hearing on all the legal evidence that can be produced, whether such evidence has been produced on the first trial or is first offered at the appeal trial. [2.] In passing upon rival applications for letters of administration, by two...   Cases  
Moore v. Simmons 2 Head 545, Supreme Court of Tennessee (April 01, 1859) 1859 This case turns upon the construction of a deed of gift made by Simpson Shaw to his children, in 1842. The complainant is a judgment creditor of Samuel C., who is a son of Sally Simmons, one of the daughters of Simpson Shaw. This bill is filed to reach a supposed interest of said Samuel C., under said deed of gift; and the question is, whether, by...   Cases  
Morgan v. Morgan 35 Ala. 303, Supreme Court of Alabama (June 01, 1859) 1859 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Dallas.   Cases  
Morris v. Henderson 8 George 492, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. CIRCUIT COURT: PRACTICE: REVIVOR.-An entry in the minutes of the court, suggesting the death of the plaintiff, and ordering that the cause be revived in the name of the executor, and that scire facias issue to that effect, is not a revivor of the suit in the name of the executor; and if no step be taken to carry out said order, by the...   Cases  
Morris v. Stokes 27 Ga. 239, Supreme Court of Georgia (January 01, 1859) 1859 Where a case has been full and fairly submitted to the jury, both upon the law and the facts, and the Circuit Judge is not dissatisfied with the verdict, it requires an extraordinary case to authorize this Court to interfere and award a new trial. Caveat to will, from Muscogee county. The facts of this case will be found fully stated in the 21st...   Cases  
Morrison v. McNeill 6 Jones (NC) 450, Supreme Court of North Carolina (June 01, 1859) 1859 The Court does not concur in the opinion held by his Honor, as to the point on which the controversy turns. We are not prepared to say that a purchaser for value from John McNeill, with the concurrence of McDugald, would not have a good title, although the deed between these persons was intended as a security for money, and that was not expressed...   Cases  
Morrow v. Mason's Heirs 2 Met. 114, Court of Appeals of Kentucky (June 20, 1859) 1859 Husband and wife resided upon a lot, owned by the wife, upon which there were a building and other improvements, a portion of which were made by him after the marriage. She died in July, 1854, having had no child by him, and leaving him in possession of the property. He administered upon her estate and rented out the property until the end of that...   Cases  
Morrow v. Turney's Adm'r 35 Ala. 131, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY FOR FORECLOSURE OF MORTGAGE.] APPEAL from the Chancery Court of Morgan. Heard before the Hon. JOHN FOSTER.   Cases  
Moss v. Johnson 22 Ill. 633, Supreme Court of Illinois (April 01, 1859) 1859 A preliminary question is raised in this case, growing out of the ruling of the court, on the motion and application of the plaintiffs in error for a change of venue in the cause, on account of prejudice of the minds of the inhabitants of the county in which the suit was pending, against them. The record shows that the action originated in Peoria...   Cases  
Moussier v. Zunts 14 La.Ann. 15, Supreme Court of Louisiana (January 01, 1859) 1859 Appeal from the District Court of the Parish of Plaquemines, Rousseau, J.   Cases  
Mulligan v. Bailey 28 Ga. 507, Supreme Court of Georgia (June 01, 1859) 1859 1. The depositions of a witness cannot be impeached by proof of contradictory statements, which the witness had had no opportunity to explain; neither can they be impeached by statements of the witness that they did not speak the truth. 2. Possession of personal property cannot be recovered in an action of trover, through a fraudulent title. 3. An...   Cases  
Mullins v. McCandless 4 Jones Eq. 425, Supreme Court of North Carolina (August 01, 1859) 1859 One, from whom the equitable right of the plaintiff has been obtained by compromise, but against whom there is no claim and no prayer for relief, need not be made a party to a bill against the agent who effected the compromise alleging a fraudulent dealing with the proceeds of the compromise. Where one, in a confidential relation, uses the...   Cases  
Musgrove v. Kornegay 7 Jones (NC) 71, Supreme Court of North Carolina (December 01, 1859) 1859 In all cases of habeas corpus before any judge or court, where the contest is in respect to the custody of minor children, either party may appeal. A father cannot bind his child an apprentice when under the age of twelve years, and even when past that age, it can only be done by deed executed jointly by the father and child. Where a child, over...   Cases  
Neal v. Todd 28 Ga. 334, Supreme Court of Georgia (May 01, 1859) 1859 The acts of 1764 (Cobb, 725,) and 1765, (Cobb, 727,) against gaming, constitutional and valid, and of force in this State. Debt, for money won at cards, in Glasscock Superior Court. This was an action of debt brought by William M Neal against William Todd and Jeremiah Killebreed, to recover money won at cards by defendants of John P. Bagget and...   Cases  
Nelson v. Goree's Adm'r 34 Ala. 565, Supreme Court of Alabama (June 01, 1859) 1859 [CONTEST BETWEEN REPRESENTATIVES OF DECEASED HUSBAND AND WIFE, RESPECTING PROCEEDS OF SALE OF COTTON RAISED ON WIFE'S LANDS.] APPEAL from the Circuit Court of Mobile. Tried before the Hon C. W. RAPIER.   Cases  
Nelson v. Hall 5 Jones Eq. 32, Supreme Court of North Carolina (December 01, 1859) 1859 The purpose of this bill, is to settle the estate of Josephus Hall, deceased, to ascertain the balance in the hands of the executor, who is complainant, and to procure from this Court a declaration of rights, in respect to the principal legatees, the children. The most of the questions raised as these rights are merely speculative, and relate to...   Cases  
Nesbitt v. Pearson 33 Ala. 668, Supreme Court of Alabama (January 01, 1859) 1859 [ACTION ON PROMISSORY NOTE BY ASSIGNEE AGAINST MAKER.] APPEAL from the Circuit Court of Perry. Tried before the Hon. E. W. PETTUS.   Cases  
New Orleans, J. & G.N.R. Co. v. Allbritton 9 George 242, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. EVIDENCE: PHYSICIAN: EXPERT.-It is not necessary, that a physician should be a graduate of a medical college, or have a license from any medical board to practice, in order to render him competent to testify as an expert, in relation to matters connected with his profession. 2. DAMAGES: EXEMPLARY: WHEN COUNSEL FEES ALLOWED.-In cases, proper for...   Cases  
New Orleans, J. & G.N.R. Co. v. McBride 9 George 32, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. EVIDENCE: JURORS.Whether the testimony of jurors summoned to assess the damages resulting to the owner of land from the location of a railroad thereon, is competent to impeach their verdict, by showing that they acted on improper principles. Quoere? 2. NEW TRIAL: EXCESSIVE DAMAGES: RAILROADS.This court will not set aside the...   Cases  
Newcomb v. State 8 George 383, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. INDICTMENT: ART. 7, P. 573, OF REV. CODE, ONLY APPLIES TO DEFECTS WHICH ACCUSED MAY WAIVE.Art. 7, p. 573, of the Rev. Code, which provides, that all objections either to the form or substance of an indictment, shall be made before verdict, applies to those cases only, where the defect is of such a character that the accused may waive it,...   Cases  
Newkirk v. Hawes 5 Jones Eq. 265, Supreme Court of North Carolina (December 01, 1859) 1859 Is the limitation over to the heirs of the body of the testator valid, or is it too remote? It is not necessary, in order to decide this question, to say whether Penny Newkirk took an estate, for life, with a limitation to the heirs of her body as purchasers at her decease, or whether she took the entire estate under the rule in Shelly's case...   Cases  
Nickson v. Toney 3 Head 655, Supreme Court of Tennessee (December 01, 1859) 1859 The complainant was the owner of an interest in remainder in the personal estate of his father, Charles Nickson, who died in the year 1835, and who, by his will, devised his estate to his wife for life with remainder to his children. The defendant, James R. Toney, being a creditor of complainant, filed a bill in the Chancery Court at Carthage; and...   Cases  
Noland v. Bemiss 14 La.Ann. 49, Supreme Court of Louisiana (January 01, 1859) 1859 Appeal from the District Court of the Parish of Jefferson, Burthe, J.   Cases  
Norwood v. Cobb 24 Tex. 551, Supreme Court of Texas (January 01, 1859) 1859 The decision of the court, refusing to admit evidence in support of the plea, that there was no service of process, or notice to the defendant, in the Mississippi judgment, was directly contrary to the decision of this court in this case, when the record was before us on a former appeal. Norwood v. Cobb, 15 Tex. 500. On examination of the...   Cases  
O'Byrne v. State 29 Ga. 36, Supreme Court of Georgia (June 01, 1859) 1859 [1.] In petty offences, the practice of striking a jury, has been so long and so uniformly held to be an equivalent for challenging as provided by statute, that we are not disposed at this late day to hold it an inadmissible practice in that particular class of cases. The first assignment of error therefore is overruled. [2.] In this case, there...   Cases  
Orr v. Huff 27 Ga. 422, Supreme Court of Georgia (January 01, 1859) 1859 The Court below refused to grant a new trial. Ought this Court to disturb that decision? We think not. We cannot say, that the verdict was decidedly and strongly against the weight of the evidence. There was much evidence for the verdict; one great fact was, that the child never grew any after the sale; but even, if the verdict was decidedly and...   Cases  
Owens v. Kinsey 7 Jones (NC) 245, Supreme Court of North Carolina (December 01, 1859) 1859 We concur in opinion with his Honor, that to constitute a pawn or pledge, the article must be delivered. A sale of personal property may be made, and the title will pass without delivery; so a mortgage of personal property may be made without delivery, for it is a sale to be void on the performance of a subsequent condition, consequently a sale...   Cases  
Oxford v. State 33 Ala. 416, Supreme Court of Alabama (January 01, 1859) 1859 [INDICTMENT FOR RECEIVING STOLEN GOODS.] APPEAL from the Circuit Court of Pike. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Page v. Einstein 7 Jones (NC) 147, Supreme Court of North Carolina (December 01, 1859) 1859 Money paid on the sale of a promissory note satisfied and extinguished, was held to be recoverable back in an action for money had and received, and it does not vary the principle, that the payment was made in a note on a third person, which was afterwards converted into money. Where the question was, collaterally, whether a certain note had been...   Cases  
Page v. Ford 12 Ind. 46, Supreme Court of Indiana (May 24, 1859) 1859 Page, as assignee of one Armstrong, brought suit on notes, and to foreclose a mortgage, &c. The complaint was in the usual form. The defendants answered, and set up a counterclaim, admitting the execution of the notes and morgage; that the same were held by Page, as assignee, and had not been paid, but averring that they were given to secure the...   Cases  
Parker v. Parker 33 Ala. 459, Supreme Court of Alabama (January 01, 1859) 1859 [FINAL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS.] APPEAL from the Probate Court of Tuskaloosa.   Cases  
Parkinson v. State 14 Md. 184, Court of Appeals of Maryland (July 15, 1859) 1859 At the April term 1858, of the Circuit Court for Anne Arundel County, the plaintiff in error was indicted under the Act of 1858, ch. 55. The offense, as charged in the indictment, is: That Thomas Parkinson, late of said county, yeoman, on or about the 5th day of April, in the year of our Lord, eighteen hundred and fifty-eight, with force and...   Cases  
Parnell v. Dallas County Court Com'rs 34 Ala. 278, Supreme Court of Alabama (June 01, 1859) 1859 [PROCEEDING FOR ESTABLISHMENT OF PUBLIC ROAD.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK.   Cases  
Parnell v. Petrovic 14 La.Ann. 601, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Natchitoches, Chaplin, J.   Cases  
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