| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Underwood v. Lacapere |
14 La.Ann. 276, Supreme Court of Louisiana (April 01, 1859) |
1859 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Union Bank v. Bradford |
14 La.Ann. 159, Supreme Court of Louisiana (March 01, 1859) |
1859 |
Appeal from the District Court of the Parish of East Baton Rouge, Beale, J. |
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Cases |
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| Van Derzee v. Van Derzee |
30 Barb. 331, Supreme Court, General Term, New York (September 05, 1859) |
1859 |
Looking at the will in question, irrespective of legal rules, I have very little doubt that the testator intended to give Storm Van Derzee a fee in the premises in controversy. But applying the test that the intent of the testator must be sufficiently expressed on the face of the instrument, and must be consistent with the rules of law, I am... |
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Cases |
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| Van Derzee v. Van Derzee |
30 Barb. 331 (September 05, 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... |
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Trial Court Orders |
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| Van Wick v. Rist |
14 La.Ann. 56, Supreme Court of Louisiana (February 01, 1859) |
1859 |
Appeal from the District Court of East Feliciana, Ratliff, J. |
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Cases |
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| Van Wickle v. Garrett |
14 La.Ann. 106, Supreme Court of Louisiana (February 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Pointe Coupeé, Haralson, J. |
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Cases |
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| Vaughn v. Lovejoy |
34 Ala. 437, Supreme Court of Alabama (June 01, 1859) |
1859 |
[BILL IN EQUITY FOR PARTITION, ACCOUNT, &C.] APPEAL from the Chancery Court of Chambers. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Venable v. Mitchell |
29 Ga. 566, Supreme Court of Georgia (November 01, 1859) |
1859 |
This was an application for letters of administration de bonis non, founded upon the idea that the executor could not administer intestate estate. We think this idea is a mistake, for by our statute of 1828, (See Cobb's Digest, p. 327,) executors are directed to hold the residuum or undevised real or personal estate as trustees for the... |
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Cases |
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| Vienne v. Harris |
14 La.Ann. 382, Supreme Court of Louisiana (May 01, 1859) |
1859 |
Appeal from the Fourth District Court of New Orleans, Price, J. |
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Cases |
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| Wailes v. Daniell |
14 La.Ann. 578, Supreme Court of Louisiana (June 01, 1859) |
1859 |
Appeal from the Third District Court of New Orleans, Duvigneaud, J. |
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Cases |
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| Walker v. McCoy |
34 Ala. 659, Supreme Court of Alabama (June 01, 1859) |
1859 |
[ACTION ON COMMON MONEY COUNTS--PLEA OF SET-OFF.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK. |
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Cases |
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| Walker v. Scott |
29 Ga. 392, Supreme Court of Georgia (August 01, 1859) |
1859 |
[1.]Plaintiff's attorney endorsed upon the declaration in the Clerk's office, in vacation, the following entry: I hereby discharge and dismiss the bail process, and bail sued out at the commencement of the action. Held, That the effect of the entry, was to dismiss the bail process only, and not the suit upon which it was grafted. [2.]... |
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Cases |
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| Walker's Heirs v. Murphy |
34 Ala. 591, Supreme Court of Alabama (June 01, 1859) |
1859 |
[REAL ACTION BY HEIRS-AT-LAW AGAINST PURCHASER FROM EXECUTOR.] APPEAL from the Circuit Court of Franklin. Tried before the Hon. ANDREW B. MOORE. |
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Cases |
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| Walthall's Ex'rs v. Rives |
34 Ala. 91, Supreme Court of Alabama (January 01, 1859) |
1859 |
[CREDITOR'S BILL TO HAVE MORTGAGE DECLARED VOID OR FORECLOSED.] APPEAL from the Chancery Court of Perry. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Ward v. Allen |
28 Ga. 74, Supreme Court of Georgia (March 01, 1859) |
1859 |
Was the court below right in overruling the demurrer to the bill? We think so. The grounds of the demurrer were, 1st, that the bill had no equity in it; 2d, that parol evidence was not admissible, to show what was intended by the instrument. If an instrument, by mistake of its author, or his draftsman, does not speak his mind, a court of equity... |
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Cases |
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| Warford v. Colvin |
14 Md. 532, Court of Appeals of Maryland (August 13, 1859) |
1859 |
The object of the present suit is to recover real estate to which the appellants allege themselves to be entitled as heirs at law of Rachel Colvin, in the face of her will devising the same to the appellee, after it had been contested on issues framed under the Act of Assembly, and admitted to probate by the Orphans Court. The proceedings on the... |
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Cases |
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| Waters v. Waters |
1 Met. 519, Court of Appeals of Kentucky (January 13, 1859) |
1859 |
1. In a case coming within the statute of limitations the lapse of time prescribed by the statute is pleadable as a bar to the action, and the jury are concluded by it; but where length of time is used merely as evidence of payment of a note, it is not per se a bar to a recovery, and the jury may judge of the weight of such evidence. (2 Bibb, 387.)... |
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Cases |
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| Watkins v. State |
14 Md. 412, Court of Appeals of Maryland (July 29, 1859) |
1859 |
This case comes before us from the Criminal Court of Baltimore on a writ of error issued by the Circuit Court for Baltimore City, and directed to the Criminal Court. The plaintiff in error was indicted for the larceny of a silver watch, valued at six dollars, and, upon a verdict of guilty, judgment was pronounced by the court, which,... |
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Cases |
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| Watson v. Davis |
7 Jones (NC) 178, Supreme Court of North Carolina (December 01, 1859) |
1859 |
In the statement of the case by his Honor, it is set out as an action of assumpsit on an open account!!! There is in the books no such form of action. But to carry out the very liberal understanding, acted upon by the gentlemen of the bar in this State, for the purpose of allowing cases to go off on the merits, and not on mere matter of form,... |
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Cases |
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| Weber v. Ory |
14 La.Ann. 537, Supreme Court of Louisiana (June 01, 1859) |
1859 |
Appeal from the District Court of the Parish of St. James, Duffel, J. |
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Cases |
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| Welborn v. Anderson |
8 George 155, High Court of Errors and Appeals of Mississippi (April 01, 1859) |
1859 |
1. PRACTICE: INTRODUCTION OF EVIDENCE.-Parties are not restricted to any particular order in the introduction of their evidence, and hence in the trial of an action of ejectment, it will be error to exclude a deed properly executed and proven and conveying the premises in controversy, because it does not then appear that the grantor had any right... |
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Cases |
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| Wells v. Cowherd's Heirs |
2 Met. 514, Court of Appeals of Kentucky (January 13, 1859) |
1859 |
1. A report of commissioners appointed to value the estate of infants, in a proceeding to sell their real estate, which fails to state that the property therein enumerated is all the estate owned by the infants, is not sufficient to authorize the sale. (Rev. Stat., art. 3, chap. 86, page 592.) 2. Their report must state that the interest of... |
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Cases |
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| Wesley v. State |
8 George 327, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. CRIMINAL LAW: HOMICIDE: SELF-DEFENCE.To make a homicide justifiable on the ground of self-defence, the danger must be either actual, present, and urgent; or the slayer must have reasonable ground to apprehend a design, on the part of the deceased, to commit a felony, or to do him some great bodily harm, and that there is imminent danger... |
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Cases |
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| West's Estate v. Hickman's Estate |
14 La.Ann. 610, Supreme Court of Louisiana (August 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Rapides, Cullom, J. |
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Cases |
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| Wheeler's Ex'rs v. Wheeler |
2 Met. 474, Court of Appeals of Kentucky (December 30, 1859) |
1859 |
1. It is essential to the validity of every executed contract of bargain and sale that there should be a thing or subject-matter to be contracted for. And if it appear that the subject-matter of the contract was not and could not have been in esse at the time of such contract, the contract itself is of no effect, and may be disregarded by either... |
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Cases |
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| White v. Cazenave |
14 La.Ann. 57, Supreme Court of Louisiana (February 01, 1859) |
1859 |
Appeal from the Fourth District Court of New Orleans, Price, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Whitley v. Murray |
34 Ala. 155, Supreme Court of Alabama (January 01, 1859) |
1859 |
[ACTION FOR RECOVERY OF OVERSEER'S WAGES.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK. |
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Cases |
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| Whitley v. Stephenson |
9 George 113, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. PROBATE COURT: PROPERTY EXEMPT FROM EXECUTION DESCENDS TO WIDOW.The husband's personal property which is exempt from execution, descends, upon his death without a will, directly to the widow, and vests absolutely in her, and is not therefore subject to administration by the Court of Probates. 2. WIDOW: HER RIGHT TO EXEMPT... |
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Cases |
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| Wightman v. Gray |
10 Rich.Eq. 518, Court of Appeals of Equity of South Carolina (January 01, 1859) |
1859 |
Where an order directs the Master to pay out the assets of an estate in his hands, reserving a sufficient amount to pay certain claims, the Master discharges his duty if the assets retained are sufficient at the time. He is not liable to the parties if from subsequent causes they should become bad. Where choses belonging to suitors are in the hands... |
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Cases |
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| Willett v. Carroll |
13 Md. 459, Court of Appeals of Maryland (May 31, 1859) |
1859 |
The bill filed in this case asks, that a decree may be passed compelling the appellants to pay annually to the appellee, (the complainant,) during her natural life, a sum sufficient to furnish her with shelter, food and raiment, or that such a decree may be passed as the nature of her case demands. The claim of the appellee is founded on the... |
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Cases |
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| Williams v. Bowman |
3 Head 678, Supreme Court of Tennessee (December 01, 1859) |
1859 |
This bill was filed to enjoin a judgment for $1,536.38, rendered against the complainants, as the sureties of one Joseph M. Dye, at the May term, 1858, of the Circuit Court of Montgomery. The Chancellor decreed for the complainants, and to reverse this decree, an appeal was prosecuted to this court. It appears that, on the 17th of May, 1852, said... |
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Cases |
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| Williams v. Brickell |
8 George 682, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. CONTRACT: CASE IN JUDGMENT.The defendant was part owner and superintendent of a hotel, kept at a public watering-place. The yellow fever broke out in a malignant form among the visitors and guests, and became epidemic. Under these circumstances, the defendant sent to a friend in a neighboring town a telegram, in substance as follows:... |
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Cases |
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| Williamson v. Williamson |
5 Jones Eq. 142, Supreme Court of North Carolina (December 01, 1859) |
1859 |
When this case was before us twelve months ago, (see 4 Jones' Eq. Rep. 281,) the effect which it has been since supposed, that the act of 1844, ch. 88, sec. 3, (Revised Code, ch. 119, sec. 6,) ought to have had upon the construction of the will mentioned in the pleadings, was not brought to our attention in the arguments then submitted. We have on... |
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Cases |
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| Wilson v. Hinsley |
13 Md. 64, Court of Appeals of Maryland (February 16, 1859) |
1859 |
This is an action of trespass on the case, brought by the appellant against the appellee, to recover damages alleged to have been inflicted on her reversionary interest in a certain house, in the city of Baltimore, by the manner in which he built a stable adjoining it; the particular damage complained of being, the driving into the northern wall of... |
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Cases |
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| Wilson v. Horne |
8 George 477, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. EVIDENCE: PAROL EVIDENCE TO EXPLAIN WRITINGS: LATENT AMBIGUITY.A written memorandum signed by the plaintiff, stating that a sum therein specified is good as an offset to plaintiff's claims against defendant, presents a case of latent ambiguity, if it appear that the plaintiff had more claims than one against the defendant;... |
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Cases |
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| Wilson v. Taylor |
2 Hay. & Haz. 334, Orphans' Court, District of Columbia (December 20, 1859) |
1859 |
[This was an action by Mary A. and Michael P. Wilson against Marion M. Taylor.] A summons was served on the administrator to show cause why he does not distribute the balance in his hands as administrator de bonis non of Geo. B. Scott, deceased. |
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Cases |
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| Winn v. Brown |
14 La.Ann. 642, Supreme Court of Louisiana (August 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Natchitoches, Chaplin, J. |
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Cases |
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| Winton v. Eldridge |
3 Head 361, Supreme Court of Tennessee (December 01, 1859) |
1859 |
This bill was filed under the insolvent laws, against the creditors for the administration of the estate of Sherod M. Keeton, by his administrator. It is brought before us upon a single question, in relation to the claims of Eldridge against the estate, on his appeal from the decree of the Chancellor. The debt to Eldridge was the consideration for... |
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Cases |
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| Winton v. Fort |
5 Jones Eq. 251, Supreme Court of North Carolina (December 01, 1859) |
1859 |
As the contract was not reduced to writing, the plaintiff is not entitled to a specific performance, but as the repairs and improvements were made with the knowledge and concurrence of the defendant, he cannot, in conscience, take the benefit, and refuse to make a proper allowance for the expenditure, unless the plaintiff has violated and refused... |
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Cases |
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| Wood v. Harrell |
14 La.Ann. 61, Supreme Court of Louisiana (February 01, 1859) |
1859 |
Appeal from the District Court of the Parish of East Feliciana, Ratliff, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Wood v. Tompkins |
28 Ga. 159, Supreme Court of Georgia (March 01, 1859) |
1859 |
1 There is equity in a bill by a seecurity for the defendant in an action of trover, who has paid the judgment or a part of it to have an account from persons to whom the property was delivered during the pendency of the suit, under a collusive agreement to defraud the surety. 2 An agreement made by a defendant in action of trover with other... |
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Cases |
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| Wood's Adm'r v. Wood's Devisees |
1 Met. 512, Court of Appeals of Kentucky (January 12, 1859) |
1859 |
1. As a general rule, where real or personal estate is devised to one for life, with an ulterior devise to another, the ulterior devise vests absolutely upon the death of the testator, and takes effect in possession whenever the prior devise from any cause ceases or fails. Where, however, the termination of the prior estate may, by withdrawing a... |
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Cases |
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| Wooley v. Robinson |
7 Jones (NC) 30, Supreme Court of North Carolina (December 01, 1859) |
1859 |
Where a plaintiff obtained a verdict, and is entitled to a judgment thereon, under the statute, Rev. Code, chap. 31, sec. 75, he is entitled to full costs, unless otherwise directed by statute, which are to be taxed by the clerk. The taxation of costs by the clerk, is subject to the supervision and control of the Court, and objections to the... |
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Cases |
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| Wooten v. Smith |
27 Ga. 216, Supreme Court of Georgia (January 01, 1859) |
1859 |
While any material allegation, constituting the equity of the bill, remains unanswered, the injunction will not be dissolved. New matter introduced in the answer, and not responsive to any charge in the bill, should not be considered, on a motion to dissolve an injunction. In Equity, from Lee county. Elizabeth D. Johns, executrix of the last will... |
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Cases |
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| Word v. Word |
29 Ga. 281, Supreme Court of Georgia (August 01, 1859) |
1859 |
Did the Court err in rejecting the testimony of Mrs. Wynn and that of Mrs. Glass? We think so. The plaintiff had to make out a case of willful and continued desertion of him, by the defendant, for the term of three years. Cobb's Dig. 226. The testimony of these two ladies, was such, that it might have satisfied the jury, that the defendant's... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Wynkoop v. Cowing |
21 Ill. 570, Supreme Court of Illinois (April 01, 1859) |
1859 |
The question presented by the record in this case is, were the transactions between these parties of such a character, in relation to these lands, as to operate as a security for the loan of money merely, and to constitute in effect, a mortgage of the lands. The maxim of equity is, once a mortgage always a mortgage, and the true character of every... |
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Cases |
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| Yancy v. Smith |
2 Met. 408, Court of Appeals of Kentucky (December 09, 1859) |
1859 |
1. A jointure to the wife, unless expressed or intended to be in satisfaction of dower, will not bar her claim to dower. The law on this subject has not been changed by the Revised Statutes. (Rev. Stat., 393, sec. 7; 16 B. Mon., 469.) 2. Where a husband makes a gift to the wife by his will, the legal presumption is, in the absence of any expression... |
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Cases |
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| Yonge v. Kinney |
28 Ga. 111, Supreme Court of Georgia (March 01, 1859) |
1859 |
1 Parol evidence is admissible to show it a rule of the Western and Atlantic Railroad, that persons are not to be on the platform when the cars are in motion. 2 A Railroad car running off the track, is prima facie evidence of negligence in some of the persons connected with the road. 3 If the person who is injured by the cars running off the track... |
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Cases |
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| Adams v. Guerard |
29 Ga. 651, Supreme Court of Georgia (January 01, 1860) |
1860 |
[1.] Before our Act of 1821, making every estate one in fee, unless some less estate be expressed by limiting words, a marriage settlement conveyed the entire legal estate in real and personal property to a trustee, and declared a trust in favor of the husband and wife during the life of the longest liver of them, with remainder to their children,... |
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Cases |
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| African M.E. Church v. City of New Orleans |
15 La.Ann. 441, Supreme Court of Louisiana (June 01, 1860) |
1860 |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
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Cases |
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