| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Cleckley v. Hull |
30 Ga. 838, Supreme Court of Georgia (June 01, 1860) |
1860 |
Was there equity in complainant's Bill? We think so. Buying the judgment debtor, Danforth's property as he did, he is an innocent purchaser, and as such, is entitled to the same protection that a security would be. Sheppard, with a full knowledge of this fact, extended indulgence from year to year, for three years, to Danforth, for a consideration... |
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Cases |
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| Clemens v. Mayor, etc., of Baltimore |
16 Md. 208, Court of Appeals of Maryland (June 28, 1860) |
1860 |
The defendant made certain objections to a book, offered in evidence, which objection the court below overruled. This book does not appear in the bill of exceptions. HELD: That this court cannot decide upon the propriety of the refusal of the court below to sustain these objections; the presumption is, the ruling of the court below was correct, and... |
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Cases |
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| Cock v. Brown & Carmichael |
30 Ga. 925, Supreme Court of Georgia (June 01, 1860) |
1860 |
R. Borrows $1,000 of B., and promises to return it in ten days or send B. a note for $5,000 which he holds on C.: Held, That in the absence of positive proof as to the nature of the transaction, it will be construed into a security for the $1,000 borrowed and not an absolute transfer of the $5,000 note. Equity would relieve against such a contract,... |
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Cases |
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| Cocke v. Board of Police of Copiah County |
9 George 340, High Court of Errors and Appeals of Mississippi (April 01, 1860) |
1860 |
1. BOARD OF POLICE: MAY EMPLOY COUNSEL.-By Art. 35, p. 420, of the Revised Code, the board of police is empowered to employ counsel, in all civil cases in which the county is interested; a plea in abatement, therefore, to a suit instituted in the name of the board of police, denying that the counsel whose name is signed to the declaration has... |
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Cases |
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| Cocke v. Hannum |
10 George 423, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. PARENT AND CHILD: RIGHT OF FATHER TO THE CUSTODY OF HIS CHILD.-By the common law the father, as against the mother, is entitled to the custody of his infant child, unless the child be so young as to render the care and attention of the mother necessary to its nurture, or unless it be shown that the father is of such character, or is in such... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Collins v. Pratt |
15 La.Ann. 42, Supreme Court of Louisiana (January 01, 1860) |
1860 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Com. of Kentucky v. Dennison |
65 U.S. 66, Supreme Court of the United States (December 01, 1860) |
1860 |
A MOTION was made in behalf of the State of Kentucky, by the direction and in the name of the Governor of the State, for a rule on the Governor of Ohio to show cause why a mandamus should not be issued by this court, commanding him to cause Willis Lago, a fugitive from justice, to be delivered up, to be removed to the State of Kentucky, having... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Conyers v. Bowen |
31 Ga. 382, Supreme Court of Georgia (August 01, 1860) |
1860 |
We think the Court was right in overruling the demurrer to the bill in this case. In addition to the discovery which is sought, the Common Law remedy, by process of garnishment, is not so complete. Indeed it is not an adequate remedy. In the case of Field et al. vs. Jones and another, 10 Geo. Rep., 229, the person in possession of the effects held... |
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Cases |
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| Cook v. Walker |
30 Ga. 519, Supreme Court of Georgia (January 01, 1860) |
1860 |
This was an action for malicious prosecution by the plaintiff against the defendant, on the following state of facts: The plaintiff married a sister of the defendant, who was possessed of a large estate. On their marriage, they entered into a marriage contract, in which Mrs. Cook's property was conveyed to one of her brothers, in trust, for her... |
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Cases |
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| Cooper v. Hepburn |
15 Gratt. 551, Supreme Court of Appeals of Virginia (May 15, 1860) |
1860 |
(Absent ALLEN, P. and LEE, J. ) 1. H devises real estate to M during his natural life, and to his children if he should have lawful issue; if not, then at his decease to H's grandchildren. At the death of H, M is not married, but he afterwards marries and has lawful children. Upon the birth of the first child of M, the remainder was vested in the... |
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Cases |
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| Cooper v. Mullins |
30 Ga. 146, Supreme Court of Georgia (March 01, 1860) |
1860 |
1. The doctrine that servants of the same master cannot have redress against the master, for the consequences of each other's negligence in his service, being founded upon the policy of making each servant interested in the good conduct of the rest, cannot apply to a case where the respective situations of the servants allow no opportunity for the... |
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Cases |
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| Cothran v. State |
10 George 541, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. PERJURY: FALSE SWEARING MUST NOT ONLY BE WILFUL BUT CORRUPT.-To constitute perjury, the false swearing must not only be wilful but corrupt, or intentionally false; and it will be error therefore for the court to instruct the jury that they must convict if the false swearing be wilfully done, without stating substantially that it must also be... |
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Cases |
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| Cox v. Bradley |
15 La.Ann. 529, Supreme Court of Louisiana (July 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Franklin, Mayo, J. |
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Cases |
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| Cox v. Shropshire |
25 Tex. 113, Supreme Court of Texas (January 01, 1860) |
1860 |
There is nothing in the objection that James M. Cox and his wife, the defendant's alleged vendors, were not made parties to the suit. There is no objection that they were not made parties in the court below, nor were they necessary parties to the suit to try title. That one of the parties to an action of trespass to try title claims under a deed... |
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Cases |
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| Crawford v. Graves |
15 La.Ann. 243, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Washington, Wilson, J. |
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Cases |
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| Custard v. Custard |
25 Tex.Supp. 49, Supreme Court of Texas (January 01, 1860) |
1860 |
Equity will not relieve a party against his voluntary conveyance, on the ground simply of his own indiscretion and improvidence in making it; neither will it set aside such conveyance on the ground of mistake or ignorance of law and fact, where the facts, of which he avers his ignorance, were such as ought to have been peculiarly within his own... |
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Cases |
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| Dane v. City of Mobile |
36 Ala. 304, Supreme Court of Alabama (June 01, 1860) |
1860 |
[PROCEEDINGS FOR VIOLATION OF MUNICIPAL ORDINANCE.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Darden v. Hatcher |
41 Tenn. 513, Supreme Court of Tennessee (December 01, 1860) |
1860 |
The complainant is executor of the will of Henry Hatcher, deceased, and the defendants are the legatees under said will. The fund appropriated by the testator for the payment of the debts of his estate turned out to be inadequate for that purpose to a considerable extent, and the executor calls upon the court to declare out of what fund the deficit... |
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Cases |
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| Davis v. Golston |
8 Jones (NC) 28, Supreme Court of North Carolina (December 01, 1860) |
1860 |
According to the general understanding of the profession, where parties have gone into trial without a formal declaration, the plaintiff is to be taken to have relied on one suited to the case made by the proof. Where an obligation was signed and sealed by one of two partners and signed, only, by the other, it was Held to be the deed of the former,... |
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Cases |
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| Davis v. Herndon |
10 George 484, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. PRACTICE: EVIDENCE: DEED WHEN CLEARLY INSUFFICIENT MAY BE REJECTED AS EVIDENCE.-Where a plaintiff offers in evidence a deed as a distinct and sufficient ground of his title, the sufficiency of the deed to show title may, upon objection to its admissibility as evidence by the defendant, be then considered by the court, and, if it be insufficient,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Davis v. Rhodes |
10 George 152, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. EVIDENCE: CERTIFIED COPIES OF FOREIGN DEEDS.-Art. 228, p. 516, of the Rev. Code, which allows the introduction in evidence of certified copies of deeds and other instruments properly proven and recorded, according to the laws of a sister State, where they are executed, without accounting for the non-production of the original, applies only to... |
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Cases |
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| Davis v. Smith |
30 Ga. 263, Supreme Court of Georgia (May 01, 1860) |
1860 |
1. Where the issue is the capacity of the Contractor to make a contract, and the evidence, to say the least of it, is as strong on one side as the other, and no rule of Law has been violated in submitting the case, and there have been two concurrent verdicts of special juries against the contract, and the presiding Judge has refused to grant a new... |
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Cases |
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| Dawson v. Callaway |
31 Ga. 47, Supreme Court of Georgia (August 01, 1860) |
1860 |
It is an extreme case, which will justify the Court in dismissing the plaintiff's case for not answering interrogatories, filed by defendant under the Acts of 1847 and 1850especially where service has been made on counsel only the party having removed beyond the jurisdiction of the State, and to parts unknown, before the filing of the... |
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Cases |
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| De Walt v. Snow |
25 Tex. 320, Supreme Court of Texas (January 01, 1860) |
1860 |
In this case the original petition made no mention of the mortgage executed to secure the payment of the promissory notes sued on. The mortgage was declared upon in the amended petition only. There was proper service of the original petition, but no service of the amended petition setting up the mortgage. In the case of Morrison v. Walker, 22 Tex.... |
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Cases |
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| Decuir v. Lejeune |
15 La.Ann. 569, Supreme Court of Louisiana (August 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Pointe Coupee, Haralson, J. |
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Cases |
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| Decuir v. Lejeune |
15 La.Ann. 216, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Pointe Coupée, Haralson, J. |
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Cases |
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| Dennis v. Dennis |
15 Md. 73, Court of Appeals of Maryland (January 12, 1860) |
1860 |
A testator devised real estate to each of his two children, and bequeathed the balance of his personal estate, after payment of debts, to his brother in trust, during the minority of his children, to appropriate the profits thereof for their use and benefit. He then gave to his brother, during the same period, the entire profits of his real estate,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Denson v. Stewart |
15 La.Ann. 456, Supreme Court of Louisiana (July 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Caddo, Creswell, J. |
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Cases |
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| DETENTION OF PAPERS OF A SHIP IN A FOREIGN PORT. |
9 U.S. Op. Atty. Gen. 426 (May 03, 1860) |
1860 |
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Administrative Decisions & Guidance |
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| Dibble v. Aycock |
5 Jones Eq. 399, Supreme Court of North Carolina (June 01, 1860) |
1860 |
Where an injunction was granted to restrain the collection of a part of an execution of fi. fa., upon the condition that the plaintiffs would pay into the office, from which the fi. fa. issued, a certain amount of it, admitted in the pleadings to be due, it was Held that a sheriff, who had levied the fi. fa. for the whole sum on property sufficient... |
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Cases |
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| Dikes v. Miller |
25 Tex.Supp. 281, Supreme Court of Texas (October 01, 1860) |
1860 |
A release by a grantee of land, of the 3d June, 1843, was operative and effectual to divest the title of the grantee. It is held, that the United States, in their political capacity, may enter into contracts, may take a bond, and may receive real or other property as a security for a debt in cases not previously provided for by law. The power... |
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Cases |
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| Doe v. Roe |
30 Ga. 453, Supreme Court of Georgia (January 01, 1860) |
1860 |
The controversy in this case grows out of the Will of Levi Sheftall and the disposition made therein of that part of his estate called in the will the Tanyard tract. The facts appearing from the record are, that Judith Sheftall and Hannah D'Lyon, widow of Abraham D'Lyon, two of the children of the testator, conveyed their shares in the Tanyard... |
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Cases |
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| Doe v. Roe |
30 Ga. 961, Supreme Court of Georgia (June 01, 1860) |
1860 |
The validity of the outstanding title which was set up by this defendant in ejectment, depends upon the validity of the order to sell, and the validity of the order to sell depends upon the power of the Court of Ordinary, to pass it without a legal reason appearing for its passage. Undoubtedly, the Court ought not to have passed it without a legal... |
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Cases |
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| Douglas v. Caldwell |
6 Jones Eq. 20, Supreme Court of North Carolina (December 01, 1860) |
1860 |
There are several reasons which induce us to deny the object of the petition: The minority of the ward is now of short duration. The fund is safely invested in interest-bearing stocks of medium value, and with respect to a portion of it, at least, it cannot be changed, without loss, at this time. The unavoidable losses and hazards of collecting and... |
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Cases |
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| Douglass v. Mitchell's Exr. |
35 Pa. 440, Supreme Court of Pennsylvania (January 01, 1860) |
1860 |
The bill single and the promissory note given in evidence, made out a primâ facie case against the defendant. The signature to the instruments is admitted to have been genuine, but the defence is, that no consideration passed from Douglass to Mitchell for the instruments; that no money was loaned as the plaintiff claims, and from this it is... |
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Cases |
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| Drake v. Bains |
8 Jones (NC) 122, Supreme Court of North Carolina (December 01, 1860) |
1860 |
Upon a question of warranty or no warranty, it was Held to be error in a Judge to charge, that the fact that the alleged warrantor was acting in the capacity of an executor, was not a matter for the consideration of the jury. This was an ACTION ON THE CASE, tried at Johnston Superior Court, Fall Term, 1860, HEATH, J., presiding, and in which... |
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Cases |
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| Drury v. State |
25 Tex. 45, Supreme Court of Texas (January 01, 1860) |
1860 |
Where the facts show with reasonable certainty that the prisoner is guilty of murder with express malice it is not error to refuse bail. The judge below is in a far better situation than this court to determine as to the credibility of the witnesses, in case of conflict or apparent contradiction; and therefore, generally, great deference must be... |
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Cases |
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| Dugas v. Gilbeau |
15 La.Ann. 581, Supreme Court of Louisiana (August 01, 1860) |
1860 |
Appeal from the District Court of the Parish of St. Martin, Simon, J |
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Cases |
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| Duncan v. Magette |
25 Tex. 245, Supreme Court of Texas (January 01, 1860) |
1860 |
The allegation of the petition, upon which a recovery is sought, is, the plaintiff paid to the defendant the sum of seven hundred and thirty dollars at his request, which sum of money the defendant promised to return to plaintiff whenever thereafter requested, with lawful interest on the same. There could be no doubt about what was meant by this... |
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Cases |
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| Dunham v. Forbes |
25 Tex. 23, Supreme Court of Texas (January 01, 1860) |
1860 |
Where the party holding the affirmative of the issue has examined a witness, and the party holding the negative has closed his testimony, if the former again offers the witness to testify upon the same points concerning which he had first been examined, it is very proper for the judge to exclude him. The testimony, if in rebuttal of that introduced... |
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Cases |
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| Early v. Friend |
16 Gratt. 21, Supreme Court of Appeals of Virginia (August 28, 1860) |
1860 |
(Absent LEE, J.) 1. One tenant in common may maintain a suit in equity against his cotenant, who has occupied the whole of the common property, for an account of rents and profits. 2. Whenever the nature of the property is such as not to admit of its use and occupation by several, and it is used and occupied by one only of the tenants in common; or... |
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Cases |
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| Eatherly v. Eatherly |
41 Tenn. 461, Supreme Court of Tennessee (December 01, 1860) |
1860 |
This cause is brought here by appeal from so much of the decree of the chancellor as refused to reform a clause of the will of complainants' testator, by supplying an omission therein occasioned by the inadvertence of the person who wrote the will. The facts are these: The testator, John Eatherly, at the date of the will was the owner of a tract of... |
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Cases |
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| Edwards v. Kelly |
8 Jones (NC) 69, Supreme Court of North Carolina (December 01, 1860) |
1860 |
The contract, which is the subject of this suit, falls within the provisions of the statute of frauds, incorporated in our Code, ch. 50, sec. 11, and in no part thereof can be enforced without a memorandum, in writing, signed by the party to be charged therewith. It is not divisible and exempt from the operation of the law in some of its parts, as... |
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Cases |
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| Elliott v. Pool |
6 Jones Eq. 42, Supreme Court of North Carolina (December 01, 1860) |
1860 |
Where the trustee of an insolvent debtor, under a deed of trust which left out certain creditors, bought property at his own trust sale at less than its value, but without any actual fraud, in a suit by the unsecured creditors to compel a resale of the property for their benefit, it was held that such trustee was entitled to have bona fide debts... |
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Cases |
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| Ellison v. Keese |
25 Tex.Supp. 83, Supreme Court of Texas (October 01, 1860) |
1860 |
The several deeds of the 13th of January, 1856, though inoperative as deeds, because not made to take effect until after the donor's death, and invalid as a will to dispose of more than the fourth part of the donor's or testator's property, were nevertheless valid as a testamentary disposition to the extent of the one-fourth of his estate. This was... |
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Cases |
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| England v. Gripon |
15 La.Ann. 304, Supreme Court of Louisiana (May 01, 1860) |
1860 |
Appeal from the Fourth District Court of New Orleans, Price, J. |
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Cases |
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| Evans v. Lipscomb |
31 Ga. 71, Supreme Court of Georgia (August 01, 1860) |
1860 |
1. Is the remedy given by the Act of the 15th Janaury, 1852, entitled, An Act to regulate the mode of suing the bonds of Executors, Administrators and Guardians, applicable to any controversies, other than matters of account, strictly based upon returns to the Ordinary, and limited to surcharging for items improperly entered, or... |
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Cases |
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| Evans v. Pearce |
15 Gratt. 513, Supreme Court of Appeals of Virginia (March 10, 1860) |
1860 |
Absent ALLEN, P. and LEE, J. 1. A father has property of his infant children in his possession, and during his life does not apply to the court to have any of the profits of that property applied to their support, nor does he make any charge against them during his life. His estate will not be allowed any thing for their support without the... |
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Cases |
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| Ex parte Nayler |
11 Rich.Eq. 259, Court of Appeals of South Carolina (January 01, 1860) |
1860 |
A creditor, who has failed to present his demand within the time limited by an order, under a creditor's bill, calling in creditors to present their demands, may, upon contributing his fair proportion of the expenses of the bill, be permitted to present and prove his claim at any time before actual distribution of the assets. But such creditor will... |
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Cases |
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| Farmer v. Spell |
, 12 Rich. 679, Court of Appeals of South Carolina (May 01, 1860) |
1860 |
Testator directed first, that all my just debts be paid and discharged; and, secondly, that the remainder of my property be disposed of as follows. He then devised all his lands on the Round O, known as the Ash Hill plantation, to his son, to be valued by three disinterested persons, and to be received by him at... |
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Cases |
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