TitleCitationYearSummaryMost RelevantTypeStatus
State v. Floyd 6 Jones (NC) 392, Supreme Court of North Carolina (June 01, 1859) 1859 The prisoner is entitled to a venire de novo, for the reason that, neither of the three positions, given in charge to the jury, hits the case made by the evidence. If two engage in a fight upon a sudden quarrel, and one kills with a deadly weapon, it is but manslaughter, State v. Curry, 1 Jones' Rep. 280. In this case, there is no suggestion of...   Cases  
State v. Fuller 14 La.Ann. 667, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Union, Richardson, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Fuller 14 La.Ann. 720, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Union, Richardson, J.   Cases  
State v. Jack 14 La.Ann. 385, Supreme Court of Louisiana (May 01, 1859) 1859 Appeal from the First District Court of New Orleans, Hunt, J.   Cases  
State v. Jacobs 6 Jones (NC) 284, Supreme Court of North Carolina (June 01, 1859) 1859 The sole question presented on the record is, whether the witness Pritchett was competent to testify as an expert, that the defendant was a descendant of an African ancestor. An expert, in the strict sense of the word, is defined to be a person instructed by experience. But more generally speaking, the term includes all men of science; as it...   Cases  
State v. Leckie 14 La.Ann. 636, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
State v. Long 7 Jones (NC) 24, Supreme Court of North Carolina (December 01, 1859) 1859 Though there were three counts in the bill of indictment, the testimony was offered with reference to the second only, and therefore the verdict, though general, must be presumed to have been given on that alone. Such would be the case, where there were two counts in a civil action; as, for instance, in the action of assumpsit, and we do not see...   Cases  
State v. Malcolm 8 Clarke 413, Supreme Court of Iowa (June 08, 1859) 1859 It is the intent with which the injury is inflicted, or attempted, that constitutes the offense of an assault, with intent to commit a great bodily injury; and when the intent is shown, that which would be an assault, unaccompanied with the felonious intent, will be such when thus accompanied. Where under an indictment for an assault with intent to...   Cases  
State v. Oscar 7 Jones (NC) 305, Supreme Court of North Carolina (December 01, 1859) 1859 In the bill of exceptions, filed by the counsel for the prisoner, it is alleged that the Court erred, first, in the reception of improper testimony, and secondly, in giving an erroneous instruction to the jury. With regard to the first alleged error, the circumstances are as follows: After the solicitor for the State, had introduced testimony to...   Cases  
State v. Peter 14 La.Ann. 521, Supreme Court of Louisiana (June 01, 1859) 1859 Appeal from the Justice's Court of the Parish of West Feliciana.   Cases  
State v. Ross 29 Mo. 32, Supreme Court of Missouri (October 01, 1859) 1859 1. Where three persons are jointly indicted for murder, one as principal in the first degree, the others as aiders and abettors, and the one indicted as principal in the first degree is put upon his trial first and acquitted, the record of his acquittal is inadmissible in evidence in favor of the others. 2. Where several persons are jointly...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Stanford 20 Ark. 145, Supreme Court of Arkansas (January 01, 1859) 1859 In a prosecution under the statute for carrying concealed weapons, it is not necessary that the name of a prosecutor or informer be endorsed upon the indictment. The judgment in a criminal prosecution where the informer is entitled to one-half of the fine, must be in the name of the State, and not in the names of the State and informer; but it...   Cases  
State v. Stewart 7 George 652, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. EVIDENCE: PRINCIPAL AND SURETY: WHEN ADMISSIONS OF PRINCIPAL EVIDENCE AGAINST THE SURETY.-An inventory returned by a guardian in the course of his duties, acknowledging the receipt of assets belonging to the ward, is admissible in evidence in a suit by the ward against the guardian's surety, and is prima facie, but not conclusive, evidence...   Cases  
State v. Willis 7 Jones (NC) 190, Supreme Court of North Carolina (December 01, 1859) 1859 Burglary is defined to be the breaking and entering the dwelling-house of another, in the night time, with intent to commit a felony therein; Arch. Cr. Pl. 251; 4 Bl. Com. 224; 3 Inst. 63. With regard to that part of the definition, which relates to the breaking and entering, it was held anciently, that if a man entered into the dwelling-house by...   Cases  
Stephenson v. Harrison 3 Head 728, Supreme Court of Tennessee (December 01, 1859) 1859 This case comes up on the action of the Chancellor, upon demurrers to the original and cross bills, by which most of the important questions in the case were settled. This under the Code was a proper case to allow an appeal before final decree. The demurrers were to parts, and not the whole, of the bills, and answers were filed to the other parts....   Cases  
Stewart v. Williams 33 Ala. 492, Supreme Court of Alabama (January 01, 1859) 1859 [APPLICATION FOR REHEARING AFTER FINAL JUDGMENT AT LAW.] APPEAL from the Circuit Court of Randolph. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Stockley v. Rowley, Ashburner & Co. 2 Head 493, Supreme Court of Tennessee (April 01, 1859) 1859 Where a Court of Law, having jurisdiction of the parties and subject matter, has heard and determined the facts, and rendered judgment, a Court of Chancery will not afford any relief. A Court of Chancery can give no relief against a judgment at law, on the ground of a defence which the party could have made at law, unless he was prevented from so...   Cases  
Stokes v. Hodges 11 Rich.Eq. 135, Court of Appeals of Equity of South Carolina (November 01, 1859) 1859 An unrecorded mortgage produced by one of the mortgagees, after the death of the mortgagor, held, under the circumstances, to be invalid for want of sufficient proof of delivery. One partner, who puts in his proportion of the capital, is not entitled to charge interest because the other partner has failed to put in his proportion; the articles of...   Cases  
Stone v. Marshall 7 Jones (NC) 300, Supreme Court of North Carolina (December 01, 1859) 1859 Where a debtor included several feigned notes in a deed of trust, it was Held that such deed was void, in toto, as against creditors, notwithstanding there were other bona fide debts included, and there was no evidence of any complicity in the fraud, on the part of the trustee. THIS was an action of TROVER, tried before CALDWELL, J., at Fall Term,...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Stubbs v. Houston 33 Ala. 555, Supreme Court of Alabama (January 01, 1859) 1859 [CONTESTED PROBATE OF WILL.] APPEAL from the Probate Court of Dallas.   Cases  
Stuckey v. Crosswell 12 Rich. 273, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 Where a surety enters his name on the record as security for costs, he is liable as a party to the record, and upon judgment being entered for defendant, the surety's land may be sold under the fi. fa. issued against him. It is not necessary, before execution issues against the surety, that a rule to show case why execution should not issue, should...   Cases  
Sturges v. Sheriff 14 La.Ann. 231, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of East Feliciana, Haralson, J., presiding.   Cases  
Succession of David 14 La.Ann. 730, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of St. Landry, Voorhies, J.   Cases  
Succession of Hughes 14 La.Ann. 863, Supreme Court of Louisiana (December 01, 1859) 1859 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Succession of McClelland 14 La.Ann. 762, Supreme Court of Louisiana (August 01, 1859) 1859 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases  
Succession of Penny 14 La.Ann. 194, Supreme Court of Louisiana (March 01, 1859) 1859 Appeal from the District Court of the Parish of East Feliciana, Ratliff, J.   Cases  
Succession of Richardson 14 La.Ann. 1, Supreme Court of Louisiana (January 01, 1859) 1859 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Succession of Woodruff 14 La.Ann. 295, Supreme Court of Louisiana (April 01, 1859) 1859 Appeal from the District Court of the Parish of St. Bernard, Foulhouze, J.   Cases  
Swails v. Bushart 2 Head 561, Supreme Court of Tennessee (April 01, 1859) 1859 Richard Forest, on the 20th of February, 1837, executed an instrument under seal, in the following words: Know all men by these presents: that I, Richard Forrest, of Pike county, for and in consideration of my natural love and affection, * * * do, for myself, my heirs, executors, administrators and assigns, give, * * * sell and deliver, * * *...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Swan v. Moore 14 La.Ann. 833, Supreme Court of Louisiana (December 01, 1859) 1859 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Sweet Water Mfg. Co. v. Glover 29 Ga. 399, Supreme Court of Georgia (August 01, 1859) 1859 [1.] When one white man employs another to work for him, it is not an implication or incident that the employer shall pay the employee's physician's bills; it would require an express contract to create that obligation. [2.] No sayings of an agent are admissible against his principal, except what he says concerning his appointed business while he...   Cases  
Swift v. Castle 23 Ill. 209, Supreme Court of Illinois (April 01, 1859) 1859 It is urged as error, that the court below admitted improper evidence. It may be true that evidence was read on the hearing that was not pertinent to the issue, and yet there be no error for which the decree should be reversed. The question presented upon the trial before the chancellor, as well as in the appellate court, is, upon all the...   Cases  
Tabb v. Williams 4 Jones Eq. 352, Supreme Court of North Carolina (June 01, 1859) 1859 A bill was brought to subject equitable property to the payment of a judgment at law, in which it was alleged that the defendant, in that judgment, was insolvent, that he had no property that could be reached by an execution at law, and that executions, on other judgments against him, had been returned nulla bona, to which the defendant demurred;...   Cases  
Taylor v. Baldwin 27 Ga. 438, Supreme Court of Georgia (January 01, 1859) 1859 The question is, whether, the second charge of the Court was right? That charge amounts to this, that time was not of the essence of the contract; that, although, Baldwin, did not offer to pay the purchase money on the day it fell due, yet, the contract of purchase, still subsisted, and he had still a reasonable time within which, to pay that...   Cases  
Taylor v. Calloway 14 La.Ann. 688, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Union, Richardson, J.   Cases  
Taylor v. Nunn 2 Met. 199, Court of Appeals of Kentucky (July 08, 1859) 1859 1. A bond was executed by the sheriff of Bourbon county, on the 1st of January, 1855, (at the time he qualified as sheriff,) for the collection and payment of the county levy and public dues of the county for that year. Held--That it embraced taxes levied by the county court in October, 1854, to be collected in 1855, to pay the...   Cases  
Teass' Adm'r v. Boyd 29 Mo. 131, Supreme Court of Missouri (October 01, 1859) 1859 1. A compliance within the time agreed upon with the condition upon which a conditional sale of a chattel is to be void or the property returned revests the title; and an offer to comply, or a tender of the money, is equivalent to payment, at least so far as to enable the vendor to maintain his action at law for the property or its value. Appeal...   Cases  
The Louisiana 64 U.S. 287, Supreme Court of the United States (December 01, 1859) 1859 THIS was an appeal from the Circuit Court of the United States for the district of Maryland, sitting in admiralty. It was a case of collision occurring in the Chesapeake bay, between the steamer Louisiana and the schooner William K. Perrin, by which the schooner was sunk. The libel was in rem, filed by the appellants against the steamer, and George...   Cases  
The Mulhouse 42 Hunt Mer. Mag. 191, District Court, SD Florida (January 01, 1859) 1859 This suit was instituted by several distinct sets of salvors, numbering in all some one hundred and fifty or more persons, to recover salvage for their services in saving a considerable portion of the cargo and materials of the ship Mulhouse, Wilner, master, of and from New Orleans, and bound to Havre in France. The ship sailed from New Orleans...   Cases  
The Tangier 64 U.S. 28, Supreme Court of the United States (December 01, 1859) 1859 It was the case of a libel filed in the District Court by Goddard & Pritchard, against the barque Tangier, for the non-delivery of certain bales of cotton shipped at the port of Apalachicola. The barque arrived at Boston, and the cotton was lost under the circumstances mentioned in the opinion of the court. The District Court dismissed the libel,...   Cases  
The William Jarvis 1 Spr. 485, District Court, D Massachusetts (June 01, 1859) 1859 In admiralty.   Cases  
Thompson v. Thompson 10 Rich.Eq. 416, Court of Appeals of Equity of South Carolina (January 01, 1859) 1859 The amount to be allowed as alimony depends on the circumstances of each particular case. That the husband lives in adultery with another woman is a circumstance entitling the wife whom he has abandoned to a large share of his income. The conjugal conduct of the parties, the extent of their respective incomes, the sources of these incomes, the...   Cases  
Tillman v. Mosely 14 La.Ann. 710, Supreme Court of Louisiana (July 01, 1859) 1859 Appeal from the District Court of the Parish of Claiborne, Eagan, J.   Cases  
Todd v. Dysart 23 Tex. 590, Supreme Court of Texas (January 01, 1859) 1859 The guardian of a minor's estate is a competent witness, in a suit to which he is not a party, although the interest of his ward will be affected by its result. 9 Tex. 482. If an objection to testimony relate solely to the competency of the witness, and not to the materiality of the matter concerning which he is offered, and the court exclude the...   Cases  
Tomlinson v. Tomlinson 11 Rich.Eq. 52, Court of Appeals of Equity of South Carolina (May 01, 1859) 1859 Circuit decree set aside by the Circuit Court, and rehearing ordered on newly discovered oral testimony.   Cases  
Traynor v. Johnson 3 Head 44, Supreme Court of Tennessee (September 01, 1859) 1859 This case was before us at the last term, and was remanded for a new trial. We refer to the opinion then delivered for a statement of the material facts of the case, which are not materially changed by any thing in the present record. After the case was remanded, there was another trial, and the jury again found for the defendant. From all that...   Cases  
Trimble v. Miller 24 Tex. 214, Supreme Court of Texas (January 01, 1859) 1859 A petition on a joint note, against a husband and wife, which does not aver that the debt was contracted for the benefit of the wife's separate property, or any other fact that would authorize a judgment against her, presents no cause of action against the wife, and a judgment by default, against her, will be reversed. ERROR from Caldwell. Tried...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Troy v. Smith 33 Ala. 469, Supreme Court of Alabama (January 01, 1859) 1859 [BILL IN EQUITY FOR FORECLOSURE OF MORTGAGE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Turney v. Officer 3 Head 567, Supreme Court of Tennessee (December 01, 1859) 1859 The first and principal exception to the regularity of the proceedings is in permitting the deposition of C. H. Black to be read as evidence to the jury; the ground of the exception is, that Black was present in court at the time. It seems that Black was a resident of the county in which the suit was pending, and his deposition was taken some time...   Cases  
U S v. Plumer 3 Cliff. 28, Circuit Court, D Massachusetts (July 06, 1859) 1859 The prisoner, with three others, was indicted in the circuit court for the district of Massachusetts, for murder on the high seas. Plumer was tried and convicted. Motions for a new trial and in arrest were filed, but they were afterwards waived, and Plumer was sentenced to be executed. A motion was now made for allowance of a writ of error coram...   Cases  
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