Title | Citation | Year | Summary | Most Relevant | Type | Status |
Farwell v. Price |
30 Mo. 587, Supreme Court of Missouri (October 01, 1860) |
1860 |
1. A. at St. Louis shipped flour consigned to B. in Boston. C. at New Orleans, to whom said flour was shipped to be forwarded by him in Boston, wrongfully converted the same. Held, in a suit brought by B. against C., that the measure of damages was the value of the flour at the place of destination. This was an action to recover damages for the... |
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Cases |
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Fitzpatrick v. Hays |
36 Ala. 684, Supreme Court of Alabama (June 01, 1860) |
1860 |
[ACTION ON ACCOUNT FOR MEDICAL SERVICES RENDERED.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY. |
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Cases |
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Floyd v. Blake |
19 How. Pr. 542, Supreme Court, New York County, New York (January 01, 1860) |
1860 |
It is conceded that this action is to recover damages for an assault and battery. It was commenced by the issuing and delivery of a summons for service, which the officer was unable to serve, and subsequently, upon proof by affidavit that the defendant had departed from the State to avoid the service of said summons, or kept himself concealed... |
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Cases |
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Floyd v. Blake |
19 How. Pr. 542 (January 01, 1860) |
1860 |
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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Folse v. Kittridge |
15 La.Ann. 222, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Assumption, Roman, J. |
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Cases |
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Foster v. Columbus Mills |
7 Jones (NC) 606, Supreme Court of North Carolina (August 01, 1860) |
1860 |
Where A promised, in writing, to pay a sum certain, after deducting a bill of expenses that B has against A & Co. it was Held that the proper enquiry was, whether B had a ground of charge against A & Co. for expenses and the amount thereof, and not whether B intended to make a charge against A (his brother) when the expenses were... |
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Cases |
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Foster v. Mish |
15 La.Ann. 199, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the Fourth District Court of New Orleans, Price, J. |
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Cases |
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Foust v. Trice |
8 Jones (NC) 290, Supreme Court of North Carolina (December 01, 1860) |
1860 |
Where the question was, whether B, who occupied the land in controversy, did so as the tenant of A, the plaintiff, and B testified that he was carried upon the premises, and left there fraudulently and treacherously, in order to get him off of another tract of land, and that he never held as the tenant of A, it was held competent for him to state,... |
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Cases |
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Fowler v. Waller |
25 Tex. 695, Supreme Court of Texas (January 01, 1860) |
1860 |
Where there is no error in the charge as given, this court has frequently decided that it will not reverse the judgment because the instruction to the jury was not sufficiently comprehensive. In such case, the party dissatisfied with the charge should ask for a further instruction to supply the deficiency. An overseer discharged, without sufficient... |
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Cases |
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Fox v. Smith |
10 George 350, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. PLEADING: PLEA MUST ANSWER THE CAUSE OF ACTION AS STATED IN THE DECLARATION.-A plea in bar to a declaration on special contract must contain matter which is a complete defence to the contract as it is stated in the declaration. 2. CONTRACT: SPECIAL AGREEMENT: DISCHARGE OF: CASE IN JUDGMENT.-F. received from S. a sum of money which he agreed to... |
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Cases |
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Fox's Adm'rs v. Commonwealth |
16 Gratt. 1, Supreme Court of Appeals of Virginia (August 14, 1860) |
1860 |
1. The § 15 of the act of March 2, 1854, which imposes a tax on collateral inheritances, has been repealed by the act of March 18, 1856, imposing taxes for the support of the government, though there is no provision of the latter act repealing the former. 2. Where it is manifest that a law is intended to embrace and include the whole... |
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Cases |
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Franklin v. Ridenhour |
5 Jones Eq. 420, Supreme Court of North Carolina (August 01, 1860) |
1860 |
This case comes directly within the principle decided by this Court at December Term, 1859, in the case of Futrill v. Futrill, 5 Jones' Eq. 51. The defendant's testator was the confidential agent of the plaintiff, and the manager of all her affairs. As such, he ought not to have taken from her a bond to secure her alleged indebtedness to him at a... |
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Cases |
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Freshwater v. Baker |
7 Jones (NC) 404, Supreme Court of North Carolina (June 01, 1860) |
1860 |
The objection, that the Court had no power to order the amendment, in respect to setting out the names of the jurors, and the verdict, was not insisted on before us, and in regard to the want of notice, the facts are not stated, but we see, from the record, that the defendant was heard upon the motion to amend, and that, we think, was sufficient.... |
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Cases |
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Gaines v. Hennen |
65 U.S. 553, Supreme Court of the United States (December 01, 1860) |
1860 |
THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana. The case had been frequently before this court in various aspects; first, in 13 Peters, 404, then in 15 Peters, 9, 2 Howard, 619, 6 Howard, 552, 15 Howard, 473. In some of these reports large extracts are made from the record, illustrating the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Gandy v. Humphries |
35 Ala. 617, Supreme Court of Alabama (January 01, 1860) |
1860 |
[SLANDER FOR WORDS SPOKEN CHARGING LARCENY.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. JOHN GILL SHORTER. |
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Cases |
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Gates v. Flint |
10 George 365, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. ATTACHMENT: EXECUTION: HOW LEVIED ON PERSONALTY.It is essential to the validity of a levy of an execution or attachment on personalty that the property be taken into the possession of the officer, or his agent; and if, in a proceeding by attachment, a pretended levy be made on a chattel, without the officer ever taking it into possession,... |
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Cases |
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Gay v. Baker |
5 Jones Eq. 344, Supreme Court of North Carolina (June 01, 1860) |
1860 |
The object of the bill is to obtain an account of a trust fund created by the deed of Henry Baker, under date 16th of May, 1819, and to obtain a sale and distribution of the same to the persons entitled under said deed. In the accomplishment of these objects, a construction of the deed is necessarily involved, and we are accordingly invoked by the... |
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Cases |
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George v. State |
10 George 570, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. INDICTMENT: JOINDER OF DISTINCT FELONIES IN: WHEN QUASHED FOR.Several distinct felonies of the same degree against the same offender may be embraced in the same indictment; but if objection be made on that account before plea, the court will quash the indictment, lest it should embarrass the defendant in his defence or prejudice him in... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Gernon v. Bestick |
15 La.Ann. 697, Supreme Court of Louisiana (December 01, 1860) |
1860 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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Girault v. Zuntz |
15 La.Ann. 684, Supreme Court of Louisiana (December 01, 1860) |
1860 |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
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Cases |
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Glover v. Townsend, Crane & Co. |
30 Ga. 90, Supreme Court of Georgia (March 01, 1860) |
1860 |
1. There was some controversy in this case, as to whether or not a proposition, to which the Judge expressed his assent during the argument to the Jury, and in their hearing, ought to be regarded as a charge on which error may be assigned. We think it ought to be so regarded, for the remark put the Jury in possession of the Judge's opinion as... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Goggins v. Smith |
35 Ala. 683, Supreme Court of Alabama (January 01, 1860) |
1860 |
[ACTION ON PROMISSORY NOTE, BY ENDORSEE AGAINST ENDORSER.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. NAT. COOK. |
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Cases |
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Goodwyn v. Goodwyn |
31 Ga. 265, Supreme Court of Georgia (August 01, 1860) |
1860 |
1. An application for a certificate, to prevent damages being assessed under the Act of 1845, creating the Supreme Court, must be made during the Term at which the Judgment was rendered. 2. The party may apply in advance of the decision, and the proper time for doing this is when the case is argued. Trover, in Coweta Superior Court. On the 14th of... |
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Cases |
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Grandy v. McPherson |
7 Jones (NC) 347, Supreme Court of North Carolina (June 01, 1860) |
1860 |
The return made by a constable on the back of an execution, is evidence of the fact of a levy, and of the time when it was made. What was said by a constable at the time of making a levy, as to the fact of the levy, was Held to be evidence, as part of the res gestæ, and as corroborative of the evidence afforded by the return. THIS was an... |
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Cases |
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Green v. Chandler |
25 Tex. 148, Supreme Court of Texas (January 01, 1860) |
1860 |
In a contract for the sale of land evidenced by a bond from the vendor, to make to the purchaser a good and sufficient title, and the purchaser seeks to rescind the contract because of the inability of the former to make a valid title, the vendor impliedly affirms by the bond that he has a good title; and if he seeks to excuse himself for a... |
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Cases |
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Greer v. Powell |
3 Met. 124, Court of Appeals of Kentucky (September 19, 1860) |
1860 |
A sale of attached property, made by the sheriff, under an order issued in vacation by the presiding judge of the county court (Civil Code, sec. 239), is not final and complete without a report by the officer, and its confirmation by the circuit court in which the attachment is pending, which has jurisdiction to confirm or set aside sales so made.... |
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Cases |
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Griffin v. Mixon |
9 George 424, High Court of Errors and Appeals of Mississippi (April 01, 1860) |
1860 |
1. CONSTITUTIONAL LAW: FORFEITURE OF LANDS FOR NON-PAYMENT OF TAXES UNCONSTITUTIONAL.-So much of the Act of 9th March, 1850 (Session Laws, ch. 2, p. 50), as provides for a forfeiture of land to the State, on the failure of the owner to pay the taxes due thereon, is in violation of the 13th section of the Bill of Rights, which prohibits the taking... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Griffin v. Orman |
9 Fla. 22, Supreme Court of Florida (January 01, 1860) |
1860 |
1. As a general rule, wherever exceptions will lie to the Master's report, it must be regularly confirmed before any order can be made upon it. 2. A decree directing a reference to a Master, for the purpose of ascertaining any material fact in the case, is not a final decree. 3. To give the Court of Appeals of the Territory of Florida jurisdiction... |
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Cases |
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Griffith v. Roseborough |
7 Jones (NC) 520, Supreme Court of North Carolina (June 01, 1860) |
1860 |
The only exception that appears on the record, sent from below, is to the admissibility of certain evidence on the part of the plaintiff, respecting the arrangements between the executors of Thomas Belt and the legatees, on the 2nd of March, 1847, touching certain children then in the possession of the legatees. The evidence, we understand, is... |
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Cases |
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Guild v. Richards |
16 Gray 309, Supreme Judicial Court of Massachusetts (October 01, 1860) |
1860 |
Breach of a condition in a deed does not revest the land in the grantor without entry. In this commonwealth, as at common law, the grantor of an estate upon condition cannot convey his right of entry for breach of condition to a stranger. Turning cattle upon land while unimproved and unenclosed, and using the land while in that state as a means of... |
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Cases |
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Hall v. State |
9 Fla. 203, Supreme Court of Florida (January 01, 1860) |
1860 |
Henry Hall was indicted under the statute of February 10th, 1832, for an assault on Jesse Williams, with intent to kill him. The bill of exceptions states the following facts: The State introduced a witness, who, being sworn, testified that some time in January, A. D. 1859, one Jesse Williams was at his house in said county; that shortly after the... |
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Cases |
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Hambright v. Stover |
31 Ga. 300, Supreme Court of Georgia (August 01, 1860) |
1860 |
1. When the plaintiff does not vest his right to recover on the ground that he is an innocent holder, and without notice, and the note is payable to bearer, and seeks a recovery on the merits of the contract, the defendant cannot inquire into the title for the single purpose of defeating a recovery. 2. A general warranty of unsoundness does not... |
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Cases |
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Hancock v. Titus |
10 George 224, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. WILL: CONSTRUCTION OF: CASE IN JUDGMENT.A will contained these two clauses: It is my will and request that all my property, both real and personal, be kept together for the purpose of raising my children; also that my wife Jane keep all the property together until they become of age, or marry, and in that case the one becoming of... |
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Cases |
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Hanrahan v. Leclercq |
15 La.Ann. 204, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of West Baton Rouge, Avery, J. |
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Cases |
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Hansard v. Reed |
29 Mo. 472, Supreme Court of Missouri (January 01, 1860) |
1860 |
This was an action on a bond given in a suit for the claim and delivery of personal property. The suit on which the bond was taken was begun under the act of 1849, before the code of 1855 went into operation. A demurrer having been sustained to the petition filed in the suit on which the bond was taken, there was a judgment for costs against the... |
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Cases |
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Harper v. Pierce |
15 La.Ann. 666, Supreme Court of Louisiana (December 01, 1860) |
1860 |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
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Cases |
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Harris v. Union Bank of Tennessee |
41 Tenn. 152, Supreme Court of Tennessee (September 01, 1860) |
1860 |
This was an agreed case. The facts are as follows: The plaintiff is a married woman, wife of Will F. Harris. In the year 1855, perhaps, one Garmany made a gift to Mrs. Harris of the sum of $800 in money, for the express purpose of purchasing a nurse for a child of Mrs. Harris who bore his surname. The money was given through the medium of the... |
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Cases |
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Harrison v. Boyd |
36 Ala. 203, Supreme Court of Alabama (January 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. E. W. PETTUS. |
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Cases |
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Harrison v. Roy |
10 George 396, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. BAILMENT: WHAT CONSTITUTES A COMMON CARRIER: CASE IN JUDGMENT.-Where a planter, employing his wagons in hauling his cotton crop to market, and habitually lading them on their return trips with goods to be transported for hire, receives such goods and executes his receipt therefor, undertaking to deliver them to the consignee in good order and... |
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Cases |
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Hart v. Hart |
10 George 221, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. PROBATE COURT: JURISDICTION PENDING ADMINISTRATION TO SET ASIDE SALE.-The Court of Probates has full jurisdiction, before final settlement of an estate, to sat aside a fraudulent sale made by the administrator, and which has never been confirmed, even after the lapse of twenty-one years, and its jurisdiction is exclusive; and therefore a bill in... |
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Cases |
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Hawthorn v. Kelly |
30 Ga. 965, Supreme Court of Georgia (June 01, 1860) |
1860 |
We think the ne exeat ought to have been dissolved in this case, because we do not think the complainants are remainder-men in the whole property, as claimed in the Bill. It is not very clear from this deed that the parents were intended to take any beneficial interest at all, and we think they were certainly not intended to take more than a joint... |
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Cases |
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Haynes v. Courtney |
15 La.Ann. 630, Supreme Court of Louisiana (November 01, 1860) |
1860 |
Appeal from the District Court of the Parish of East Feliciana, Haralson, J. |
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Cases |
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Haynsworth v. Haynsworth |
12 Rich.Eq. 114, Court of Appeals of South Carolina (December 01, 1860) |
1860 |
The donor conveyed by deed real and personal property to a trustee for the sole and separate use of his, the donor's, granddaughter M., wife of H., for life, and after her death to the use of H. for life, and after his death to the use of the children born and hereafter to be born of the said M. and their heirs; but should the said M. and the said... |
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Cases |
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Heath v. State |
36 Ala. 273, Supreme Court of Alabama (June 01, 1860) |
1860 |
[INDICTMENT FOR RESISTING PROCESS.] FROM the Circuit Court of Autauga. Tried before the Hon. PORTER KING. |
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Cases |
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Henderson v. Drace |
30 Mo. 358, Supreme Court of Missouri (July 01, 1860) |
1860 |
1. The objections to a writ of attachment issued in aid of a suit, that the caption of the writ and affidavit does not correspond with the title of the suit; that the cause of action set forth in the petition is improperly described in the affidavit and writ, are waived by the filing of a plea in the nature of a plea in abatement. 2. No attachment... |
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Cases |
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Henderson v. Fort |
15 La.Ann. 383, Supreme Court of Louisiana (May 01, 1860) |
1860 |
Appeal from the District Court of West Feliciana, Haralson, J. |
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Cases |
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Henry v. State |
36 Ala. 268, Supreme Court of Alabama (June 01, 1860) |
1860 |
[INDICTMENT FOR MURDER.] FROM the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Cases |
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Herndon v. Bryant |
10 George 335, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. PRACTICE: EXCEPTIONS TO DEPOSITIONS MUST BE DISPOSED OF BEFORE THE TRIAL. If exceptions be filed to a deposition but a few moments before the trial commences, it is the duty of the exceptor to bring them to the notice of the adverse party, and have them disposed of before the trial commences, or else he will be held to have waived them.... |
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Cases |
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Herring v. Rogers |
30 Ga. 615, Supreme Court of Georgia (June 01, 1860) |
1860 |
1. A new trial will not be granted on account of the admission in evidence of a copy deed without proof of the correctness of the copy and without proof of the execution of the original, when the paper is produced under notice by the party against whom it is read, and it appears from the history of the trial that he claimed under it. 2. An estate... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Hickman v. Wood's Ex'r |
30 Mo. 199, Supreme Court of Missouri (March 01, 1860) |
1860 |
The facts sufficiently appear in the opinion of the court. This case was tried under the act of 1849. There was no motion for a review of the facts alleged to have been erroneously found, accompanied with a statement of the evidence upon which they were based. The conclusions of law drawn from the facts as found by the court seem to be... |
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Cases |
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