TitleCitationYearSummaryMost RelevantTypeStatus
Rocco v. State 8 George 357, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. HIGH COURT: PRACTICE: WHERE PLEADING DEMURRED TO IS WITHDRAWN.This court will not revise the action of the Circuit Court in overruling a demurrer to a pleading, if that pleading be withdrawn before trial. 2. CRIMINAL LAW: AMENDMENT OF PLEADINGS.The English rule allowing amendments to pleadings in prosecutions for felonies, has been...   Cases  
Roddy v. Cox 29 Ga. 298, Supreme Court of Georgia (August 01, 1859) 1859 We concur with the Court below, that there is no equity in this bill, but our view of the rights of the parties is very different from that expressed by Judge CABANISS. Whether the estate given by the will of Josee Dunn, to his son David, was a fee simple, or only life estate, with remainder to his heirs at law, and in the latter case whether the...   Cases  
Rodgers' Adm'r v. Brazeale 34 Ala. 512, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION AGAINST ADMINISTRATOR OF DECEASED WIFE, ON OPEN ACCOUNT FOR ARTICLES OF FAMILY SUPPLY.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK.   Cases  
Root v. McFerrin 8 George 17, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. HEIR: TITLE TO REALTY VESTS IN HIM ON THE DEATH OF HIS ANCESTOR.Upon the death of an intestate his realty descends to his heirs, and their title can only be divested by their own voluntary act, or by regular sale, under the decree of a court of competent jurisdiction, made in pursuance of law. 2. PROBATE COURT: JURISDICTION OF, AS TO...   Cases  
Roquest v. Boutin 14 La.Ann. 44, Supreme Court of Louisiana (January 01, 1859) 1859 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Ross v. Hawkins 29 Ga. 261, Supreme Court of Georgia (August 01, 1859) 1859 We think the ne exeat ought to have been dismissed. The Act of 1830, Cobb's Dig. p. 527, provides that in all cases of ne exeat the defendant shall be discharged upon giving bond with good security, either that he will not depart the State, or pay the eventual condemnation money. The defendant has his option, and therefore all that is secured to...   Cases  
Roundtree v. Brantley 34 Ala. 544, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION TO RECOVER DAMAGES FOR OVERFLOWING LAND.] APPEAL from the Circuit Court of Dallas. Heard before the Hon. NAT. COOK.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Royston v. Royston 29 Ga. 82, Supreme Court of Georgia (June 01, 1859) 1859 [1.] It is not too late, under our equity system, to purge an answer of impertinence or scandal, after replication filed. [2.] It is no error to allow counsel, while addressing the jury, to use and refer to a written argument. [3.] In charging rent against a guardian, for lands occupied by him, it is right to allow him credit for the value of...   Cases  
Rucker v. Wynne 2 Head 617, Supreme Court of Tennessee (April 01, 1859) 1859 This bill was brought to have a gaming security delivered up and cancelled. The bill was dismissed on demurrer. The case made in the bill is briefly this: In the summer of 1858 the complainant, who is a resident of Louisiana, made a visit to Hardin Springs, in this State, for the benefit of his health, which was then bad. On his arrival at the...   Cases  
Rushin v. Young 27 Ga. 325, Supreme Court of Georgia (January 01, 1859) 1859 Was the Court below right in sustaining the demurrer to the bill? The demurrer was filed by Young and Felton, the executors of Shadrick R. Felton, deceased. The complainants are legatees under the will of John Rushin, deceased, and they sue for their legacies given in that will. That will appointed Shad. R. Felton, Jno. C. Rodgers and Wm. Rushin,...   Cases  
Russell v. Kearney 27 Ga. 96, Supreme Court of Georgia (January 01, 1859) 1859 [1.] The acts of Congress of 1790, and 1804, providing for the admissibilty of exemplifications of records, &c., do not extend to the case of exemplification of the record of a private writing recorded under a registry law. [2.] A party has no right to complain that evidence, is admitted after the close of the evidence, unless he is less prepared...   Cases  
Sadler v. Langham 34 Ala. 311, Supreme Court of Alabama (June 01, 1859) 1859 [APPLICATIONS FOR ESTABLISHMENT OF PRIVATE ROAD AND MILL-DAM.]   Cases  
Sanderlin v. Sanderlin 27 Ga. 334, Supreme Court of Georgia (January 01, 1859) 1859 When a case is brought up to this Court a second time, with no new facts to change substantially the view of it taken before, it only remains for this Court to re-affirm its first judgment, by affirming generally the judgment of the Court in attempting to enforce it. In Equity, from Randolph county. This case was before the Supreme Court at January...   Cases  
Sarah v. State 28 Ga. 576, Supreme Court of Georgia (June 01, 1859) 1859 1. It is not error in the Court to allow a prisoner in a capital case, to be tried by a jury taken from the grand jury list, by the consent of both counsel for the State and the accused. 2. As the prisoner may waive even a trial itself, and be capitally punished upon his own confession of guilt, he may waive every minor right or privilege. The...   Cases  
Satterfield v. Keller 14 La.Ann. 606, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Avoyelles, Cullom, J.   Cases  
Satterwhite v. Beall, Stewart & Ansley 28 Ga. 525, Supreme Court of Georgia (June 01, 1859) 1859 The act of 1856, authorizing claims against trust estates to be recoved at law, provides for demands only for services rendered the trust estate, or for articles or property or money furnished for the use of said estate, and for the payment of which a court of equity would render said estate liable; and the judgment in such cases, has a lien on the...   Cases  
Saunders v. Wilder 2 Head 577, Supreme Court of Tennessee (April 01, 1859) 1859 The bill was dismissed on demurrer. The substance of the bill is, that complainant's testator, F. L. Saunders, died on the 17th of June, 1857; that for some time previous to his death, a mercantile business had been conducted by him and one J. A. Pierce, in co-partnership, under the firm of Saunders & Pierce; that after testator's death, the...   Cases  
Sawyer v. Dozier 7 Jones (NC) 7, Supreme Court of North Carolina (December 01, 1859) 1859 By the will of Margaret Dozier, the land in controversy, is given to Edmund D. Sawyer for life, remainder to his children in fee, and, in the event of his death, without a child him surviving, then over; and a power is given to Haywood S. Bell to sell the land, if in his opinion, a sale would promote the interest of said Sawyer. The power is naked;...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Sawyer v. Flemister 29 Ga. 347, Supreme Court of Georgia (August 01, 1859) 1859 Was the right to sue, in the administrator of Mrs. Sawyer? If it was not, the Court below did not err in sustaining the demurrer. If the interest which Mrs. Sawyer had in the property sued for, was no greater than an interest for her life, then, at her death, no interest remained to pass to her administrators; and therefore, no right to sue for the...   Cases  
Scott v. Fox 14 Md. 388, Court of Appeals of Maryland (July 29, 1859) 1859 The appellant, E. Scott, asks for a reversal of an order passed by the Orphans' Court of Howard County. In August, 1858, Scott appeared in court and suggested that Nancy Fox, the administratrix of George Fox, late of said county, had died leaving property belonging to the estate of the said George Fox, not distributed among his representatives; and...   Cases  
Scott v. King 12 Ind. 203, Supreme Court of Indiana (May 27, 1859) 1859 (A syllabus would necessarily be almost as long as the opinion in this case and it is accordingly omitted. See Index, Tit., CONTRACT, 5.) From the Tippecanoe Circuit Court. The parties made a written agreement by which Scott was to deliver, on board of a canal boat, four thousand bushels of shelled, merchantable corn--two thousand bushels to be...   Cases  
Seabrook v. Seabrook 10 Rich.Eq. 495, Court of Appeals of Equity of South Carolina (January 01, 1859) 1859 The testator in one clause of his will devised and bequeathed property to his wife and declared that the provision herein made by me for my said wife, shall be in lieu, and bar, and in full satisfaction of and for, all her dower and thirds of, or in all or any part of my goods and chattels, lands, tenements and hereditaments, and whatsoever else...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Sellers v. Sellers 35 Ala. 235, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY FOR CONSTRUCTION OF WILL AND SETTLEMENT OF ESTATE.] APPEAL from the Chancery Court of Wilcox. Heard before the Hon. WADE KEYES.   Cases  
Shackelford v. Bullock 34 Ala. 418, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY FOR REFORMATION OF ANTE-NUPTIAL CONTRACT.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
Sheppard v. Shelton 34 Ala. 652, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION ON SHERIFF'S OFFICIAL BOND.] 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.
Shouse v. Utterback 2 Met. 52, Court of Appeals of Kentucky (June 14, 1859) 1859 A sale of property made by a debtor in contemplation of insolvency, and with the design to prefer some of his creditors to the exclusion of others, operates of itself as an assignment and transfer of all his property and effects for the benefit of all his creditors. The creditors then become invested with equal rights in the property of the debtor,...   Cases  
Simons v. Simons 23 Tex. 344, Supreme Court of Texas (January 01, 1859) 1859 The 4th section of the act of January 6, 1841, concerning divorce and alimony, invests the district court with power to exercise, within reasonable limits, a discretion in making partition of property between persons who are divorced from the bonds of matrimony: its object is to confer authority upon the district court, to make such a decree as...   Cases  
Sims v. Macon & W.R. Co. 28 Ga. 93, Supreme Court of Georgia (March 01, 1859) 1859 1. Was the court below right in rejecting the sayings of the conductor and engineer? We think so. To make those sayings admissible, it ought to have appeared that they were a part of the res gestæ. But that did not appear. The evidence did not show what was the interval between the accident and the sayings, but it did show that it must have been a...   Cases  
Slade v. Street 27 Ga. 17, Supreme Court of Georgia (January 01, 1859) 1859 Did a Court of Equity have jurisdiction of this suit? The bill prayed, that a judgment of a Court of Ordinary, rejecting a paper propounded as a will, should be set aside; that this paper should be established, as a will, and the administration of it, as a will, superintended; and, that the letters of administration, in the way, should be revoked....   Cases  
Smilie v. Siler's Adm'r 35 Ala. 88, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY BY ADMINISTRATOR FOR DISCOVERY AND ACCOUNT.] APPEAL from the Chancery Court of Pike. Heard before the Hon. WADE KEYES.   Cases  
Smith v. Hilly 29 Ga. 582, Supreme Court of Georgia (November 01, 1859) 1859 In this case, the guardian has made annual returns, showing that for several years, the expenses of the maintenance and education of his ward have exceeded her income; and the only question is, whether this excess ought to be allowed him in his account. Our statute of 1799, see Cobb's Dig. 313, directs that guardians shall be allowed all...   Cases  
Smith v. Moore 35 Ala. 76, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY BY SIMPLE-CONTRACT CREDITOR.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
Smith v. Reid 6 Jones (NC) 494, Supreme Court of North Carolina (June 01, 1859) 1859 Where a person gets possession of the property of another, and claims it under an alleged title as his own, for any length of time, his possession is necessarily adverse to the rights of the true owner. Where one was in the possession of the property of another, a feme, and alleged that he held as her bailee, he must establish the bailment by...   Cases  
Smith v. Taylor 14 La.Ann. 663, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Union, Richardson, J.   Cases  
Smith v. Williams 9 George 48, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. HUSBAND AND WIFE: CERTIFICATE OF ACKNOWLEDGMENT OF THE WIFE: MEANING OF THE TERM EXECUTED.The term executed, when applied to a deed, imports not only signing and sealing, but delivery. And hence, if the certificate of the acknowledgment of a married woman to a deed state that, on a prior examination, she...   Cases  
Smith v. Wilson 2 Met. 235, Court of Appeals of Kentucky (July 14, 1859) 1859 1. A mortgage executed in November, 1853, by a married woman jointly with her husband, whereby she conveyed real estate, of which she was the legal owner, to secure a debt of her husband, was valid and binding upon her under the laws in force at the date of its execution. 2. There is nothing in the act of 1846, for the protection of married women,...   Cases  
Solomon v. Sparks 27 Ga. 385, Supreme Court of Georgia (January 01, 1859) 1859 A mortgage deed is not within the Act of 1818, to prevent persons unable to pay their debts, from assigning their property, in trust for some of their creditors, in preference to others. Claim, in Bibb Superior Court. This was a claim interposed by Peter Solomon, to certain lands levied upon by the Sheriff of Bibb county, under and...   Cases  
Sparks v. Pico 1 McAll. 497, Circuit Court, ND California (January 01, 1859) 1859 The bill is filed in this case [by Sparks and Kelsey] to foreclose a mortgage. A demurrer is made to it, and the ground assigned is, that it appears by the bill that the mortgage sought to be foreclosed was given to secure the payment of a promissory note made and executed by defendant more than four years before the filing of the bill, and because...   Cases  
State ex rel. Boissac v. Petit 14 La.Ann. 565, Supreme Court of Louisiana (June 01, 1859) 1859 Appeal from the Sixth District Court of East Baton Rouge, Beale, J.   Cases  
State ex rel. Hickman v. Judge of Third District Court 14 La.Ann. 504, Supreme Court of Louisiana (June 01, 1859) 1859 On an application for a writ of prohibition to the Third District Court of New Orleans, Duvigneaud, J.   Cases  
State ex rel. Johnson v. McLain 3 Ohio Dec.Reprint 131, Superior Court of Ohio, Cincinnati (January 01, 1859) 1859 A writ granted by one of my colleagues, has been made returnable before me, requiring the jailor of Hamilton county to have the relator in court, and show the cause of his detention, it being alleged, he is illegally restrained of his liberty. The officer's return exhibits the following facts: On the 10th instant, James Cochran, who is admitted to...   Cases  
State v. Adams 14 La.Ann. 620, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
State v. Carroll 6 Jones (NC) 458, Supreme Court of North Carolina (June 01, 1859) 1859 Where one was in close custody for costs, and gave notice to the clerk, of his intention to take the oath of insolvency, and the clerk appeared and tendered an issue of fraud, whereupon the proceedings were sent to the Superior Court, in which the costs had accrued, it was Held that under the 59th chapter of the Revised Code, such issue was...   Cases  
State v. Carson 2 Ohio Dec.Reprint 81, Court of Common Pleas of Ohio, Hardin County (March 01, 1859) 1859 It is a general rule of criminal pleading, that an indictment must, specifically, set forth all the facts and circumstances constituting the offense intended to be charged, with such certainty and precision, that an indictable offense is made legally and logically to appear.--R. v. Horne, Cowp, 675; Lamberton v. Ohio, 11 O. R., 282; Anderson v....   Cases  
State v. Carson 2 Ohio Dec.Reprint 81 (March 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  
State v. Charles 14 La.Ann. 649, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from a Justice's Court of the Parish of Franklin.   Cases  
State v. Christmas 6 Jones (NC) 471, Supreme Court of North Carolina (June 01, 1859) 1859 No one can read the record in this case without receiving the impression, that the instructions given by his Honor, do not put the prisoner's case to the jury, in as favorable a light, as through his counsel he requested, and had a right to request, of the Court. After the jury returned and made known that the case turned upon the degree of credit,...   Cases  
State v. Crawford, McNeill & Co. 2 Head 460, Supreme Court of Tennessee (April 01, 1859) 1859 This agreed case, between the clerk of the County Court of Henry, on the part of the State, and the defendants, who are merchants in that county, raises the question of the liability of a merchant to pay a tax for selling things manufactured in this State. The statute is, that salt, sugar, coffee, spun cotton, garden seeds, iron, and articles...   Cases  
State v. Davis 14 La.Ann. 678, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Morehouse, Richardson, J.   Cases  
State v. Fisher 6 Jones (NC) 478, Supreme Court of North Carolina (June 01, 1859) 1859 Where confessions were extorted from a prisoner, but afterwards not being actuated by the influence that had elicited the former confessions, he made other confessions of his guilt, it was Held that these latter confessions were admissible against him. INDICTMENT for the MURDER of Elijah Hassell, tried before SAUNDERS, J., at the last Spring Term...   Cases  
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