TitleCitationYearSummaryMost RelevantTypeStatus
Parsons v. Jones 26 Ga. 644, Supreme Court of Georgia (January 01, 1859) 1859 In this case, we think, that the opinion of the Court below was correct, and that opinion is so full, that it is needless, to add anything to it. Lucy, the woman withheld by the trustees, was so old as to be almost worthless. And the motive for withholding her, was manifestly one of mere humanity. Whatever her labor was worth, the defendants were...   Cases  
Paschall v. Hall 5 Jones Eq. 108, Supreme Court of North Carolina (December 01, 1859) 1859 Where a wife insists that her husband made to her an actual gift of property, so as, in Equity, to bind him and his personal representatives, she must show herself meritorious, and show, moreover, a clear intent on the part of the husband, presently to divest himself of the property, and to invest her with a separate estate therein, and that such...   Cases  
Patterson v. Crawford 12 Ind. 241, Supreme Court of Indiana (May 27, 1859) 1859 Crawford was the plaintiff below, and Patterson the defendaut. The complaint alleges that one William Armstrong worked for the defendant, at his request, from June 7, 1853, till October 16, 1854, for which he, defendant, was to pay him, Armstrong, what his work was reasonably worth; that said work was worth 350 dollars, which is wholly unpaid, and...   Cases  
Pauline v. Hubert 14 La.Ann. 161, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of Pointe Coupée, Ratliff, J.   Cases  
Paulk v. Wolfe 34 Ala. 541, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY BY WIFE TO PROTECT HER SEPARATE ESTATE AGAINST JUDGMENT CREDITORS OF HUSBAND.] APPEAL from the Chancery Court of Tallapoosa. Heard before the Hon. JAMES B. CLARK.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Payne v. Scott 14 La.Ann. 760, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases  
Pearson v. McMillan 8 George 588, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. STATUTE OF LIMITATIONS: ACTION ON BOND OF TRUSTEES WHERE CESTUI QUE TRUST IS AN INFANT OR FEME COVERT.-An official bond, executed by a guardian, or other trustee, and conditioned for the faithful performance of the trust committed to the obligor, though in form it may be payable to the State, or some public officer, yet in fact the obligee has...   Cases  
Peers v. Davis' Adm'rs 29 Mo. 184, Supreme Court of Missouri (October 01, 1859) 1859 1. Where a contract is reduced to writing, the written instrument is presumed to contain the whole contract; parol evidence is inadmissible to contradict or vary its terms. 2. False representations made by a vendor in the sale of a chattel, to amount to a fraud upon the purchaser, must be known to be false when made, and made with intent to...   Cases  
Pell v. Cole 2 Met. 252, Court of Appeals of Kentucky (September 23, 1859) 1859 1. A married woman is not permitted, except by order of a court of equity, to incumber her separate property by debt or otherwise. (18 B. Mon., 306.) 2. The word ??necessaries,'DDD used in section 1, article 2, chapter 47, of the Revised Statutes, should receive a liberal construction, and be held to embrace such things as the family,...   Cases  
Pendarvis v. Wall 14 La.Ann. 449, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the District Court of the Parish of Livingston, Beale, J.   Cases  
People ex rel. Palmer v. Woodbury 14 Cal. 43, Supreme Court of California (July 01, 1859) 1859 This was a proceeding in the nature of a quo warranto, to determine the right of the respondent to the appointment or place of Pilot of the Port of San Francisco. Woodbury was appointed by the Board of Pilot Commissioners. The Act of May 11th, 1854 (Session Acts, 49), provides that the Governor shall appoint two resident merchants and two...   Cases  
People v. Elyea 14 Cal. 144, Supreme Court of California (October 01, 1859) 1859 The defendant was convicted of murder in the first degree, and the errors assigned relate to the proceedings at the trial. 1. The first point made is, that the Court below erred in the instructions given to the jury. It is not stated in what particular the instructions were erroneous, nor does it appear that they were objected to at the trial. So...   Cases  
People v. Tyler 7 Mich. 161, Supreme Court of Michigan (October 14, 1859) 1859 The facts, as set up in the pleadings, show that Tyler shot Jones on an American vessel on the St. Clair river, within the limits of Canada, and that he died of the wound at Port Huron, on land, within the county of St. Clair, in this state. The question presented for our consideration is, whether Tyler's offense came within the United States laws,...   Cases  
Phillips v. Stewart 27 Ga. 402, Supreme Court of Georgia (January 01, 1859) 1859 [1.] The marriage of a feme sole defendant, pending the action, is no cause for an abatement of the action. [2.] The verdict must be strongly against the evidence, to authorise reversing a judgment refusing a new trial asked for on the ground, that the verdict was against the evidence. Covenant, tried before Judge LAMAR. Bibb Superior Court, May...   Cases  
Phinney v. Phinney 17 How. Pr. 197, Supreme Court, New York County, New York (January 01, 1859) 1859 The abolishing, by the Code, of the ancient forms of pleading, has not precluded the necessity of some written specification, in advance of the trial, of each party's claim or defence. But there must be no irrelevant or redundant matter in such specification, on pain of being stricken out at the instance of any person, whether a party or not,...   Cases  
Phinney v. Phinney 17 How. Pr. 197 (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  
Pierce v. Wilson 34 Ala. 596, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY FOR RESCISSION OF CONTRACT ON GROUND OF FRAUD.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK.   Cases  
Pittman v. Robicheau 14 La.Ann. 108, Supreme Court of Louisiana (February 01, 1859) 1859 Appeal from the District Court of the Parish of Lafourche, Roman, J.   Cases  
Plummer v. Plummer 8 George 185, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. CHANCERY: DECREE VOID FOR FRAUD MAY BE ATTACKED COLLATERALLY.A decree obtained by fraud is void both at law and equity, and may be so treated in any collateral proceeding in either forum; and hence the husband may, in a suit to recover property in the possession of the wife's vendee, show that a decree obtained by the wife against him for...   Cases  
Poindexter v. Jeffries 15 Gratt. 363, Supreme Court of Appeals of Virginia (September 05, 1859) 1859 1. The principles applicable to a wife's right to an equitable settlement out of her property, stated. 2. Real, as well as personal, estate is subject to the wife's equity. 3. The settlement should be reasonable and adequate; and may be of a part or the whole of the property, according to the sound discretion of the court, upon all the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Ponder v. Cox 28 Ga. 305, Supreme Court of Georgia (May 01, 1859) 1859 Equity will not drive a party to common law, when by doing so his rights would be delayed, if not jeopardized. In equity, in Thomas Superior Court. This bill was filed by Carey S. Cox against Ephraim G. Ponder, to enjoin the collection of a judgment at law, obtained against complainant. The bill alleges that complainant, by his agent, Dyson, bought...   Cases  
Pool v. Morris 29 Ga. 374, Supreme Court of Georgia (August 01, 1859) 1859 [1.] The admissions of a life-tenant are not evidence against the remainderman; they are not privies in estate, a privy being a successor to the same estate, and not to a different estate in the same property. [2] One of two joint complainants has a right under our statute to amend the bill by striking his name as complainant, and inserting it as...   Cases  
Pool's Heirs v. Pool's Ex'r 35 Ala. 12, Supreme Court of Alabama (June 01, 1859) 1859 [CONTEST AS TO VALIDITY OF WILL.] APPEAL from the Probate Court of Dallas.   Cases  
Porche v. Moore 14 La.Ann. 241, Supreme Court of Louisiana (April 01, 1859) 1859 Appeal from the District Court of the Parish of Pointe Coupée, Ratliff, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Poree v. Cannon 14 La.Ann. 501, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Portis v. Parker 22 Tex. 699, Supreme Court of Texas (January 01, 1859) 1859 The fourth section of the act of the 20th of January, 1840, entitled An act to adopt the common law of England, etc., provided, that all property which the husband or wife might bring into the marriage, or acquire during the same (except such property as was specially enumerated, and as to which it was otherwise expressly provided in...   Cases  
Poston v. Gillespie 5 Jones Eq. 258, Supreme Court of North Carolina (December 01, 1859) 1859 Where parties have bound themselves by a contract to marry, neither can give away his or her property without the consent of the other, and notice before the marriage of such a gift, does not hinder the party injured, from insisting on its invalidity. Where a father, with whom his daughter resided, and who was habitually under his influence and...   Cases  
Powell v. De Blane 23 Tex. 66, Supreme Court of Texas (January 01, 1859) 1859 The construction placed upon the statute of another state, by its judicial tribunals, is received by this court as the rule of decision, to determine the rights of parties under such a statute; although it may be contrary to the construction placed upon our own statutes on the same subject. We hold it to be indisputable, that the judicial tribunals...   Cases  
Powell v. Hopson 14 La.Ann. 666, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Morehouse, Richardson, J.   Cases  
Powhattan Steamboat Co. v. Appomattox R. Co. 19 F.Cas. 1237, District Court, ED Virginia (February 01, 1859) 1859 The plaintiffs offered in evidence a statute of the state of Maryland, incorporating them in the name of the Powhattan Steamboat Company, and further introduced evidence tending to prove that for many years prior to the 26th day of June, 1853, they had run a weekly line of steamboats, for the transportation of goods and merchandise between the city...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Prescott v. Johnson 8 Fla. 391, Supreme Court of Florida (January 01, 1859) 1859 1. The establishment of a lost note under the statute is no bar to any defence that might be set up to the original note. 2. Where a promissory note has been negotiated before due, under circumstances which, at common law, would authorize an inquiry into the consideration thereof, the same enquiry may be made under a plea of failure of...   Cases  
President, etc., of Bank of South Carolina v. Ballard 12 Rich. 259, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 A debtor who, with a view to hinder, delay or defeat his creditors, invests his money, no matter how acquired, in property for the benefit of his wife and children, is not entitled to the benefit of the Insolvent Debtors' Act. But in such case the creditors must proceed with reasonable diligence; existing creditors will be barred if they do not...   Cases  
Price v. Ray 14 La.Ann. 697, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Ouachita, Richardson, J.   Cases  
Prince v. Cole 28 Mo. 486, Supreme Court of Missouri (March 01, 1859) 1859 The evidence of Mr. Yosti tended to show, first, that the plaintiff had no just claim whatever on the administrator for taking care of his own child, and that he was not entitled and never expected to receive remuneration from any person; and, in the second place, that if he was entitled to any thing, he did not look to the defendant, as he was...   Cases  
Pulliam v. Aler 15 Gratt. 54, Supreme Court of Appeals of Virginia (February 01, 1859) 1859 1. An attachment may be issued under the first section of the Code, ch. 151, p. 600, after the action has been commenced, if it be done before the abatement of the suit by the return of the officer. 2. An attachment is not defective because it does not designate any person in whose possession property or effects of the absent debtor may be found....   Cases  
Raiford v. Wood 14 La.Ann. 116, Supreme Court of Louisiana (February 01, 1859) 1859 Appeal from the District Court of the Parish of Point Coup??e, Ratliff J.   Cases  
Rainey v. Rainey 35 Ala. 282, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY FOR REMOVAL OF HUSBAND FROM TRUSTEESHIP OF WIFE'S SEPARATE ESTATE, AND INJUNCTION OF ACTION AT LAW BY HIM.] APPEAL from the Chancery Court at Claiborne. Heard before the Hon. WADE KEYES.   Cases  
Ratcliff v. Hicks 23 Tex. 173, Supreme Court of Texas (January 01, 1859) 1859 On a trial of the right of property, where there is no issue as to its value, nor offer by the claimant, to show, that the valuation thereof, by the sheriff who made the levy, is incorrect, if the verdict find the property to be liable to the execution, the court render judgment against the claimant and the obligors in her bond, for ten per cent....   Cases  
Ratliff v. Davis 9 George 107, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. PROBATE JURISDICTION: ACCOUNTS OF EXECUTORS, ADMINISTRATORS, AND GUARDIANS.The Court of Probates has exclusive jurisdiction in the settlement of the accounts of executors, administrators, and guardians. See Searles v. Scott, 14 S. & M. 94;Neylans v. Burge, Ib. 201. 2. SAME: SAME: PROMISE TO ALLOW A FAIR COMPENSATION FOR...   Cases  
Reaves v. Garrett's Adm'r 34 Ala. 558, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY BY WIFE, AGAINST HUSBAND'S ADMINISTRATOR, FOR RECOVERY OF PROPERTY BELONGING TO SEPARATE ESTATE.] APPEAL from the Chancery Court of Chambers. Heard before the Hon. JAMES B. CLARK.   Cases  
Rees v. Rees 11 Rich.Eq. 86, Court of Appeals of Equity of South Carolina (May 01, 1859) 1859 A paper writing by a mother, saying, I wish all I possess in this world to belong to my dear son W., and his heirs forever, both personal and real; and everything in my press and wardrobe to my dear sister M., and to take all she wishes of my things; my diamond ring and little watch to K.; my large watch (that was my dear son's) to my grand-son...   Cases  
Reeves v. Steele 2 Head 647, Supreme Court of Tennessee (April 01, 1859) 1859 Henry F. Steele, died intestate in Fayette county, in 1852. Appleberry was appointed his administrator, who died in 1854, before the estate was fully settled up, when Wm. Campbell was appointed administrator de bonis non. He also died, and was succeeded by Stanly Campbell, of whom the plaintiffs in error were sureties in his administration bond,...   Cases  
Reid v. Kirk 12 Rich. 54, Court of Appeals of Law of South Carolina (January 01, 1859) 1859 In trespass quare clausum fregit, the presiding judge assumed that defendant had no title, when there was evidence of a right of possession in defendant proper to be submitted to the jury; and charged the jury that if the title of the defendant was perfect, he had no right to enter in the high-handed manner in which he did. The verdict being for...   Cases  
Reinhart v. State 29 Ga. 522, Supreme Court of Georgia (November 01, 1859) 1859 [1.] A motion in arrest of judgment can be sustained only upon such cause as is apparent upon the face of the record. [2.] Where a copy presentment appears from the minutes of Court to have been established in lieu of a lost original, and the defendant is tried on a paper which purports to be the original, Held, That it does not appear from the...   Cases  
Rhea v. White 3 Head 121, Supreme Court of Tennessee (September 01, 1859) 1859 This is a bill for contribution. In the examination of this record, we have been anxious to find some ground, consistent with the rules of equity practice, upon which to relieve complainant, and our first impressions were, that we could do so. But upon a more careful inquiry into the facts and authorities of the case, we are satisfied we cannot....   Cases  
Rigby v. Norwood 34 Ala. 129, Supreme Court of Alabama (January 01, 1859) 1859 [ACTION ON GUARANTY OF PROMISSORY NOTE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. E. W. PETTUS.   Cases  
Roark v. Turner 29 Ga. 455, Supreme Court of Georgia (August 01, 1859) 1859 [1.] A defendant may be sued in the same action in his two characters, of executor of the maker of a promissory note, and of individual endorser. [2.] In a suit on a promissory note by the endorsee against the endorser, the recovery cannot be reduced by showing that the endorsement was made on a sale of the note for a less sum than that expressed...   Cases  
Robertson v. Fleming 4 Jones Eq. 387, Supreme Court of North Carolina (June 01, 1859) 1859 It may be, there is some force in the suggestion, that the words begotten at present or hereafter, exclude the idea, that heirs was used in its technical sense, for nemo est hæres viventis: and fix its meaning, so as to vest an interest in the children of Patience, subject to a life-estate of Patience and Jacob Stevens in one set of the...   Cases  
Robinson v. Barrows 48 Me. 186, Supreme Judicial Court of Maine (January 01, 1859) 1859 The provisions of the Act of 1855, (c. 166, § 23,) forbidding the maintenance of any action for the value or possession of intoxicating liquors, are limited in their application to liquors liable to seizure and forfeiture under that statute, or intended for sale in this State in violation of law. Thus construed, the Act is in affirmance of the...   Cases  
Robson v. Jones 27 Ga. 266, Supreme Court of Georgia (January 01, 1859) 1859 [1.] When a man marries a wife entitled to an estate from her former husband, which he receives and promises to hold in common with that coming to her daughter, of whom he is guardian, and at the maturity of his ward, settle the same upon his wife, said contract is valid; and the fact of his holding the possession of the undivided property under...   Cases  
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