TitleCitationYearSummaryMost RelevantTypeStatus
Boyd v. Harrison 36 Ala. 533, Supreme Court of Alabama (June 01, 1860) 1860 [ACTION BY WIDOW, AGAINST HUSBAND'S ADMINISTRATOR, TO RECOVER RENTS OF DWELLING-HOUSE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK.   Cases  
Bradshaw v. Commonwealth 16 Gratt. 507, Supreme Court of Appeals of Virginia (September 03, 1860) 1860 1. In a prosecution for a felony or misdemeanor, if the indictment is lost at any time before the trial, though after arraignment and plea, the party cannot be tried. 2. The act, Code ch. 180, p. 679, authorizing a lost record or paper to be substituted by an authenticated copy or proof of its contents, applies only to civil cases, and does not...   Cases  
Brady v. McKee & Roberts 30 Ga. 748, Supreme Court of Georgia (June 01, 1860) 1860 Certain carriages and harness were bought in Columbus of McKee & Roberts, whether by Livingston or Brady, there is some conflict in the testimony. Livingston gave his note in payment, with a stipulation upon its face that the note of Dr. Wardlaw might be substituted for his, Livingston's. The decided weight of proof is, that Livingston made the...   Cases  
Brainard v. Head 15 La.Ann. 489, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the District Court of the Parish of Bienville, Egan, J.   Cases  
Brawner v. Bell 30 Ga. 334, Supreme Court of Georgia (May 01, 1860) 1860 1. A married woman has the right to dismiss her bill in Chancery in relation to her separate estate, against the wish of her next friend. In Equity, in Elbert Superior Court. Mrs. Elizabeth E. Brawner, by her next friend, Thomas Bell, filed her bill in Equity against her husband, Benajah H. Brawner, praying that he might be removed from his...   Cases  
Brinkley v. Willis 22 Ark. 1, Supreme Court of Arkansas (October 01, 1860) 1860 Although this suit was brought by William R. Brinkley, and Nancy Brinkley, his wife, for themselves and for others, who are the children of a former wife of Willis, the principal defendant in this case, it must be treated as the suit of Brinkley and wife alone. That there was a unity of legal interest between Brinkley and wife and the children of...   Cases  
Broughton's Adm'r v. Bradley 36 Ala. 689, Supreme Court of Alabama (June 01, 1860) 1860 [FINAL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS.] APPEAL from the Probate Court of Lowndes.   Cases  
Brown v. Brown 15 La.Ann. 169, Supreme Court of Louisiana (March 01, 1860) 1860 Appeal from the District Court of the Parish of East Baton Rouge, Beale, J.   Cases  
Brown v. Haynes 6 Jones Eq. 49, Supreme Court of North Carolina (December 01, 1860) 1860 Where a partner, whose duty it is to keep the books, seeks to make a charge in his own favor, which is not supported by a proper entry in the books, he must account for that fact, and can only support the charge by clear proof; every presumption being against him. Where one entered into a copartnership with his son-in-law, and it was agreed that...   Cases  
Brown v. McCrary 30 Ga. 878, Supreme Court of Georgia (June 01, 1860) 1860 A Sheriff holding several fi. fas. against the same defendant, is not excused by a claim interposed against one of them, from proceeding with the rest. Rule, against Sheriff from Taylor county. This was a Rule against the Sheriff on a fi. fa. for principal sum of $162.38, besides interest and costs, in favor of William M. Brown, plaintiff, vs. John...   Cases  
Brown v. Ricks 30 Ga. 777, Supreme Court of Georgia (June 01, 1860) 1860 We think this a plain case. The Bill alleges: The gift of sundry property by Colonel William Toney in trust for the joint use of his son, James N. Toney, during his life, and his lawful children, living or thereafter to be born, after his death. That there were interests and profits accruing in this property, during the life-time of James N. Toney,...   Cases  
Broxton v. Bloom 15 La.Ann. 618, Supreme Court of Louisiana (November 01, 1860) 1860 Appeal from the District Court of the Parish of St. Tammany, Wilson, J.   Cases  
Buie v. Kendig 15 La.Ann. 440, Supreme Court of Louisiana (June 01, 1860) 1860 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
Buie v. Wooten 7 Jones (NC) 441, Supreme Court of North Carolina (June 01, 1860) 1860 The objection to the competency of the maker of the bill of sale, as a witness, was properly over-ruled. After the release, which the plaintiff executed to him, he had no interest which could disqualify him from testifying in support of the plaintiff's title, and whatever objection there was to him, went to his credit and not to his competency. The...   Cases  
Burkett v. Lanata 15 La.Ann. 337, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Burnham v. Hart 15 La.Ann. 517, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the District Court of the parish of Caddo, Jones, J.   Cases  
Burr & Co. v. Daugherty 21 Ark. 559, Supreme Court of Arkansas (October 01, 1860) 1860 In July, 1855, the keel-boat Fashion, belonging to Daugherty, was ascending the White river, from Jacksonport to Buffalo City, with a cargo of salt; and on reaching Batesville it was found that the river was too low for the boat to get up higher without putting off part of her loadaccordingly an officer of the boat, on the 7th of July, made...   Cases  
Burton v. Black 30 Ga. 638, Supreme Court of Georgia (June 01, 1860) 1860 1. This case turns solely upon the validity of the limitation over expressed in the 5th item of the Will. Its validity is attacked on two grounds, of which the first is, that it creates an estate-tail, which, by our Act of 1821, is converted into a fee-simple in the first taker, to the destruction of the limitation over. The question, whether or...   Cases  
Bush v. Cunningham's Ex'rs 37 Ala. 68, Supreme Court of Alabama (June 01, 1860) 1860 [PROCEEDING BEFORE PROBATE COURT FOR RECOVERY OF LEGACY.] APPEAL from the Probate Court of Talladega.   Cases  
Cabanne v. Walker 31 Mo. 274, Supreme Court of Missouri (October 01, 1860) 1860 1. The rule requiring depositions taken in another cause to be filed before they are read, may be dispensed with when the ends of justice require it. When the evidence would operate as a surprise, the rule should not be suspended, except on terms which would not work injustice; but if the evidence is merely cumulative and will not surprise, the...   Cases  
Cahn v. Costa 15 La.Ann. 612, Supreme Court of Louisiana (November 01, 1860) 1860 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Cain v. Busby 30 Ga. 714, Supreme Court of Georgia (June 01, 1860) 1860 1. It is error in the Court to charge the Jury on a state of facts not warranted by the evidence. 2. If one who claims title to property be present when another makes a voluntary conveyance to third persons and does not object to the making of such deed, it is a circumstance to show that such person had no title to the property conveyed, but...   Cases  
Callaway v. Bobo 15 La.Ann. 467, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the District Court of the Parish of Morehouse, Richardson, J.   Cases  
Calvin v. State 25 Tex. 789, Supreme Court of Texas (January 01, 1860) 1860 Since the adoption of the penal code, the word feloniously is not indispensable to the validity of an indictment, even for a capital felony. The whole spirit of the codes authorizes the courts to dispense with what the books call terms of art in the description of offenses in indictments, and also in every part of the...   Cases  
Camp v. Coleman 36 Ala. 163, Supreme Court of Alabama (January 01, 1860) 1860 [TROVER FOR CONVERSION OF PERSONAL PROPERTY.] APPEAL from the Circuit Court of Sumter. Tried before the Hon. WM. S. MUDD.   Cases  
Carman v. Page 6 Jones Eq. 37, Supreme Court of North Carolina (December 01, 1860) 1860 The allegations of the bill are not sustained by the proof. It is not proved that the plaintiff was of unsound mind at the time of the dealing mentioned in the pleadings. There is no proof that any fraud or artifice was resorted to, for the purpose of inducing her to sell. Both parties had full time for deliberation, and the deeds were executed...   Cases  
Carmichael v. Buck 12 Rich. 451, Court of Appeals of South Carolina (January 01, 1860) 1860 Where the owner of a raft of timber puts it in possession of a bailee, with instructions to float it down the Pee Dee River and deliver it at Georgtown to a factor for sale, one who purchases it from the bailee representing himself to be the owner, acquires no title.   Cases  
Carpenter v. Featherston 15 La.Ann. 235, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the District Court of the Parish of Madison, Farrar, J.   Cases  
Carreta v. Lopez 15 La.Ann. 64, Supreme Court of Louisiana (January 01, 1860) 1860 Appeal from the Third District Court of New Orleans, Duvigneaud, J.   Cases  
Carroll v. Wilson 22 Ark. 32, Supreme Court of Arkansas (October 01, 1860) 1860 This was a suit instituted in the chancery court of Pulaski county by George W. Carroll against Emzy Wilson. The bill charges that about the first of November, 1854, the complainant, then a citizen of Alabama, was in the State of Arkansas for the purpose of buying a plantation upon which to settle; that upon reaching Little Rock he was informed...   Cases  
Carrollton Bank v. Cleveland 15 La.Ann. 616, Supreme Court of Louisiana (November 01, 1860) 1860 Appeal from the District Court of the Parish of East Feliciana, Ratliff, J.   Cases  
Carter v. Greenwood 5 Jones Eq. 410, Supreme Court of North Carolina (August 01, 1860) 1860 There is no error in the decretal order appealed from. By the plaintiffs' own showing, for the purpose of saving the expense and trouble of a regular administration, they took possession of the estate of Samuel Carter and divided it out among themselves; thus acting in direct violation of the statute, which prohibits such an irregular...   Cases  
Carter v. Lewis 15 La.Ann. 574, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
Carter v. McManus 15 La.Ann. 641, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the District Court of the Parish of East Feliciana, Ratliff, J.   Cases  
Carter v. McManus 15 La.Ann. 676, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the District Court of the Parish of East Feliciana, Ratliff, J.   Cases  
Cato v. State 9 Fla. 163, Supreme Court of Florida (January 01, 1860) 1860 1. It is not indispensable that the jury, in a capital case, should be committed to the charge of a bailiff specially sworn for the occasion. It is sufficient if they be put in charge of the sheriff, or his deputy, who has taken the oath of office. 2. The bill of exceptions is a privilege accorded to a party to cause that to be made a...   Cases  
Chambliss v. Miller 15 La.Ann. 713, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the District Court of the Parish of Carroll, Farrar, J.   Cases  
Chandler v. Chandler 21 Ark. 95, Supreme Court of Arkansas (January 01, 1860) 1860 The questions presented for our determination in this case, arise upon the pleadings in the court below. The action was assumpsit by James W. Chandler and Mary Ann, his wife-formerly Mary Ann Camp-Levi Stuart and Tempe Caroline, his wife-formerly Tempe Caroline Camp-against Joel Chandler, on an instrument in writing of the followlng tenor:...   Cases  
Chapman v. Cooley , 12 Rich. 667 (May 01, 1860) 1860 The character of a witness can be defended by evidence only when it is directly assailed by evidence; when, therefore, a witness is attacked by evidence of previous statements in conflict with his deposition, evidence of his general good character is inadmissible.   Cases  
Cheever v. Brown 30 Ga. 904, Supreme Court of Georgia (June 01, 1860) 1860 We think the Court erred in not granting a new trial in this case. Brown, the plaintiff, it is true, stated, under oath, that the corn was delivered to Cheever. But he was then upon his examination before the Court, and not testifying before the Jury. To say nothing of the character and condition of the books themselves, not a witness swears that...   Cases  
Chipman v. Stansbury 16 Md. 154, Court of Appeals of Maryland (June 15, 1860) 1860 The first prayer of the appellant is obviously against the intent of the Act of 1825, ch. 117. We are not prepared to say that, under the circumstances of this case, the defendant could escape payment of the compensation he had agreed in writing to pay, even if the services were not rendered, the last year of the employment, as efficiently as...   Cases  
Chism's Adm'r v. Williams 29 Mo. 288, Supreme Court of Missouri (January 01, 1860) 1860 1. The words die without issue in a bequest of chattels, made in this state prior to 1845, when used alone as designating the contingency upon which a limitation over by way of executing a bequest is to take effect, mean an indefinite failure of issue, and the contingency consequently being too remote the limitation over by way of executory...   Cases  
City of Louisville v. Bank of Kentucky 3 Met. 148, Court of Appeals of Kentucky (October 04, 1860) 1860 To enable the city of Louisville to assert and enforce its right to a lien for taxes upon property within its limits, it is indispensably necessary that a compliance with the prerequisites of the statutes conferring the lien should be averred and proved. It will not do to allege simply that the taxes are due and unpaid. It should be expressly...   Cases  
City of Marshall v. Snediker 25 Tex. 460, Supreme Court of Texas (January 01, 1860) 1860 Where the ordinances of a municipal corporation required a party to obtain a license before retailing spirituous liquors, and imposed a heavy penalty for their violation, a compliance therewith, by the payment of the sum required to obtain the license, will not preclude the party paying the same from testing the legality of the exaction, by suit to...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
City of New Orleans v. Southern Bank 15 La.Ann. 89, Supreme Court of Louisiana (February 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
City of New Orleans v. Union Bank 15 La.Ann. 123, Supreme Court of Louisiana (February 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Clark v. Pease 41 N.H. 414, Superior Court of Judicature of New Hampshire (January 01, 1860) 1860 The fact that a note was originally obtained by duress, will not be a good defence to the note in the hands of a bonâ fide holder for a valuable consideration paid before its maturity. But where fraud, illegality, or duress, in the making or original circulation of the bill or note, is shown, that will cast upon the plaintiff the burden of...   Cases  
Clarke v. Peak 15 La.Ann. 407, Supreme Court of Louisiana (June 01, 1860) 1860 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
Clayton v. Brown 30 Ga. 490, Supreme Court of Georgia (June 01, 1860) 1860 1. Answers of one of the parties to interrogatories sued out under the Acts of 1847 and 1850, to compel discovery at Law, are not evidence for such party, unless in response to questions asked. 2. Evidence that is relevant cannot be kept from the Jury by a waver of proof on that point or admission of the fact, if the party desires to have the...   Cases  
Claytor v. Anthony 15 Gratt. 518, Supreme Court of Appeals of Virginia (April 10, 1860) 1860 (Absent DANIEL, J. ) 1. If a person, not a party to a judgment, enjoins it, and the injunction is dissolved, he is liable to pay the ten per cent. damages prescribed by the statute. 2. Though the condition of the injunction bond provides for the payment of such damages as may be awarded by the court, and the court simply dissolves the injunction...   Cases  
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