TitleCitationYearSummaryMost RelevantTypeStatus
Hill v. Cunningham 25 Tex. 25, Supreme Court of Texas (January 01, 1860) 1860 In the case of Allcorn v. Butler, this court decided that an attorney who had contracted with his client for a specific fee, and who performed services in pursuance of the contract, either himself or by other competent persons, could not be deprived of his right to the fee because his client saw fit to compromise the suit. 9 Tex. 56. Where the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Hobgood v. Martin 31 Ga. 62, Supreme Court of Georgia (August 01, 1860) 1860 1. Although the Court, in decreeing a settlement on the wife, duly attends to the interests of the children, and gives them an interest in the property, (provided the wife's estate therein does not cease at her death); yet it does so only on the assumption, that the wife is anxious to provide for her children. 2. Children have no independent equity...   Cases  
Hodges v. Holiday 29 Ga. 696, Supreme Court of Georgia (January 01, 1860) 1860 [1.] The parties being at issue on a claim case, agreed to, and did submit to the Court, the questions of law arising out of the will and codicil of D. W., as to the interest of D. G. W., under the same, and whether such interest be subject to executions against said D. G. W. The Court having decided such interest to be subject Held, That...   Cases  
Hoggatt v. Gibbs 15 La.Ann. 700, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the District Court of the Parish of Madison, Farrar, J.   Cases  
Hollister v. Attmore 5 Jones Eq. 373, Supreme Court of North Carolina (June 01, 1860) 1860 An advancement is a gift by a parent to a child, of a portion of his estate, in anticipation of the whole or a part, of the share to which the child would be entitled at the death of the parent, under the statute of distributions, in the event of his dying intestate. In respect to the gifts of the several articles of furniture, made by the...   Cases  
Holmes v. Dabbs 15 La.Ann. 501, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the District Court of the Parish of Ouachita, Richardson, J.   Cases  
Horton v. Mercier 31 Ga. 225, Supreme Court of Georgia (August 01, 1860) 1860 Jeremiah Horton, deceased, bequeathed by his Will a considerable estate to his wife and children, and directed, amongst other things, that certain portions of his property, which he specified, should be, by his executors, settled in trust upon his married daughters-Mrs. Thomas Mercier being one of them. By the consent and co-operation of the...   Cases  
Howard v. American Peace Soc. 49 Me. 288, Supreme Judicial Court of Maine (January 01, 1860) 1860 Heirs at law are not to be disinherited by conjecture, but only by express words or necessary implication. Extrinsic evidence is admissible to aid in giving a construction to devises or bequests in a will, and to show what property was intended to be devised, and what person was intended to take:-- 1st. When the description of the thing devised, or...   Cases  
Howe v. Plainfield 41 N.H. 135, Superior Court of Judicature of New Hampshire (June 01, 1860) 1860 The representations of a sick or injured person, as to the nature, symptoms and effects of the disease or injury under which he is suffering at the time, are admissible and competent evidence tending to show his actual condition. The liability of a town, for the damages occasioned by a defect in a highway, does not depend upon the fact whether or...   Cases  
Howell v. Troutman 8 Jones (NC) 304, Supreme Court of North Carolina (December 01, 1860) 1860 We concur in the opinion of his Honor who tried this cause, that there was no evidence of the will's having been procured by the fraud and undue influence of Ann Allmond or any other person. It was abundantly proved, and is conceded, that the alleged testator was of sound and disposing mind and memory, when he executed the script which is...   Cases  
Howes v. The Red Chief 15 La.Ann. 321, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Huff v. Roane 22 Ark. 184, Supreme Court of Arkansas (October 01, 1860) 1860 In Dardenne v. Hardwick, 9 Ark. 485, it was said: Fraud will never be presumed in a court of law, although a somewhat different rule prevails in a court of equity; but even there, when an act does not necessarily import fraud, and may have as well occurred from good as bad motives, fraud will not be inferred. We do not suppose that it was...   Cases  
Hughes v. Debnam 8 Jones (NC) 127, Supreme Court of North Carolina (December 01, 1860) 1860 It is a matter of regret with us, that we have not been favored with an argument for the plaintiff, for by the aid of such an argument we might have been enabled to perceive more force in his exceptions, than we have ourselves as yet discovered. The errors assigned in the bill of exceptions, have all been considered by us, and in not one of them do...   Cases  
Hunt v. Frazier 6 Jones Eq. 90, Supreme Court of North Carolina (December 01, 1860) 1860 It was the intention of the parties to vest in Moore a fee simple estate. This is clear, from all the circumstances of the case. The warranty is to Moore and his heirs. The bond of Moore binds his heirs for the performauce of the trust, and, indeed, the purpose of the parties, and the trust, set out in the deed, made it necessary to give to...   Cases  
Hutcheson v. Blakeman 3 Met. 80, Court of Appeals of Kentucky (June 25, 1860) 1860 In creating a contract, the negotiation may be conducted by letter, and the contract is complete when the answer containing a direct and unconditional acceptance of a distinct proposition is dispatched by mail or otherwise, provided it be done with due diligence after the receipt of the letter containing the proposal, and before any intimation is...   Cases  
Hyman v. Bailey 15 La.Ann. 560, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
In re Carmichael 36 Ala. 514, Supreme Court of Alabama (June 01, 1860) 1860 [INQUISITION OF LUNACY.] APPEAL from the Probate Court of Talladega.   Cases  
In re Rochon 15 La.Ann. 6, Supreme Court of Louisiana (January 01, 1860) 1860 Appeal from the Second District Court of the New Orleans, Morgan, J.   Cases  
Irwin v. Scribner 15 La.Ann. 583, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases  
Ives v. Citizens' Bank 15 La.Ann. 83, Supreme Court of Louisiana (February 01, 1860) 1860 Appeal from the District Court of the Parish of St. Bernard, Foulhouze, J.   Cases  
Jacobs v. Sauve 15 La.Ann. 424, Supreme Court of Louisiana (June 01, 1860) 1860 Appeal from the District Court of the Parish of Jefferson, Burthe, J.   Cases  
James v. Kerby 29 Ga. 684, Supreme Court of Georgia (January 01, 1860) 1860 Was the testimony of James McNair admissible? It was offered and allowed, to prove that certain notes, made by the plaintiff to John Kerby, deceased, had been sued for in South Carolina, in the name of Simon Ward, and had been decreed to be delivered up to the representatives of the said John Kerby. Parol evidence cannot be received to prove the...   Cases  
Jane v. Commonwealth 3 Met. 18, Court of Appeals of Kentucky (October 22, 1860) 1860 The court of appeals has no power, in revising the ruling of the circuit court upon a motion in arrest of judgment, to pronounce an indictment insufficient, or to disturb the judgment thereon, for any defect which does not tend to the prejudice of the substantial rights of the defendant on the merits. The right of the State to declare...   Cases  
Jeter v. Jeter 36 Ala. 391, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY FOR DIVORCE ON GROUND OF ADULTERY.] APPEAL from the Chancery Court of Chambers. Heard before the Hon. JAMES B. CLARK.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Jewell v. Jewell 11 Rich.Eq. 296, Court of Appeals of South Carolina (January 01, 1860) 1860 To a bill, against an administrator, for account of the estate of the intestate, received by a deceased agent and attorney of the administrator and heirs, for whose professional services a large amount was claimed, held, that a representative of the attorney was a necessary party to the bill. H was the agent of B, an administrator, to receive the...   Cases  
Johnson v. Alden 15 La.Ann. 505, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the District Court of the Parish of Bossier, Egan, J.   Cases  
Johnson v. Copeland's Adm'r 35 Ala. 521, Supreme Court of Alabama (January 01, 1860) 1860 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Limestone.   Cases  
Johnson v. Johnson 30 Ga. 857, Supreme Court of Georgia (June 01, 1860) 1860 This is an attachment sued out by Timothy M. Johnson against Thomas E. Johnson, to recover three hundred dollars which the plaintiff, in attachment, alleges he has paid out for defendant as his security. Evidence was submitted on both sides, and the Jury on the appeal found for the defendant. A new trial is asked for on two grounds: 1st. Because...   Cases  
Johnson v. Johnson's Adm'r 30 Mo. 72, Supreme Court of Missouri (March 01, 1860) 1860 1. Among the savage tribes of North American Indians marriage is merely a natural contract, and neither law, custom nor religion has affixed any conditions, limitations or forms other than those which nature herself has prescribed. 2. Permanency is not to be regarded as an essential element of marriage by the law of nature; otherwise all such...   Cases  
Johnston v. Malcom 6 Jones Eq. 120, Supreme Court of North Carolina (December 01, 1860) 1860 A deed combining the two characters of a deed of trust to secure creditors, and a deed of settlement in trust for a wife and children, may operate and have effect in both characters, provided it has been duly proved and registered. A deed of settlement, in trust for a wife and children, proved and registered three years after the date of its...   Cases  
Jones v. Norfleet 7 Jones (NC) 473, Supreme Court of North Carolina (June 01, 1860) 1860 The case turns upon the proper construction of the bequest to the lessor, contained in the will of Henry S. Lloyd. The facts are distinctly and clearly stated, and after duly considering them, in connection with the language of the will, we are of opinion that the entire parcel of ground, embracing lots 107 and 118, passed under the devise, except...   Cases  
Jones v. State 14 Ind. 120, Supreme Court of Indiana (May 01, 1860) 1860 This was a prosecution for grand larceny, commenced April 19, 1859. The indictment charges that the defendant, on the 3d of September, 1856, at the county of Bartholomew, one mare, of the value of 150 dollars, of the personal property of George W. Mounts, then and there being found, feloniously did steal, take, lead, drive, and ride away. And...   Cases  
Joor v. Williams 9 George 546, High Court of Errors and Appeals of Mississippi (April 01, 1860) 1860 1. TRUSTS AND TRUSTEE: TRUSTEE CANNOT ACQUIRE INTEREST IN TRUST ESTATE.-A trustee is bound not to do anything which can place him in a position inconsistent with the interest of his cestui que trust, or which has a tendency to interfere with the proper discharge of his duty; and hence, he cannot, under any circumstances, become the purchaser of the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Judge v. Moore 9 Fla. 269, Supreme Court of Florida (January 01, 1860) 1860 1. When demurrer to plea is sustained, with leave to defendant to plead over and he does plead over, he cannot assign the sustaining of the demurrer as error. 2. It is the duty of parties before they go into trial to see that the pleadings are made up, and when they go willingly before the jury, they must, unless the contrary plainly appears, be...   Cases  
Kaufman v. Hamm 30 Mo. 387, Supreme Court of Missouri (July 01, 1860) 1860 This was an action on a promissory note. The note was given to plaintiff for a bill of groceries previously sold by him to the defendant Hamm. The plaintiff was a grocer in the city of Weston. The note was executed and delivered by the defendants to an agent of plaintiff on Sunday. It was dated back the preceding Saturday. The court refused the...   Cases  
Keaton v. Miller 9 George 630, High Court of Errors and Appeals of Mississippi (April 01, 1860) 1860 1. CHANCERY: MARSHALLING OF ASSETS, WHERE ONE PARTY HAS A DOUBLE SECURITY. Where one party has a lien or interest in two estates, and another has a lien or interest in one of these estates only, the latter is entitled, if it be necessary to the enjoyment of his rights, to force the other to seek satisfaction out of that estate to which his...   Cases  
Keene v. Barnes 29 Mo. 377, Supreme Court of Missouri (January 01, 1860) 1860 1. Under the act of Congress of March 2, 1821, (3 U. S. Statutes at Large, p. 612,) purchasers of the public lands who had not paid the whole purchase money might relinquish their purchases and others might be substituted in their places and might complete the purchases. 2. A sale, by the marshal of the United States, at the court-house in St....   Cases  
Keith v. Wilson 3 Met. 201, Court of Appeals of Kentucky (October 22, 1860) 1860 Writs of venditioni exponas confer no new authority upon the officer to whom they are directed, but only require him to do that which he was authorized to do by the former execution. Where the execution of a fieri facias, which has been levied, is arrested by either an injunction or supersedeas, the levy is released and the lien created thereby...   Cases  
Kelly v. Miller 10 George 17, High Court of Errors and Appeals of Mississippi (February 01, 1860) 1860 1. VERDICT OF A JURY: EFFECT OF.It is a well-settled principle that the verdict of a jury will not be disturbed unless it is manifest from the whole record that it was clearly wrong, or unless misdirection of the court, or other error apparent on the face of the record, may have tended to produce such a verdict. 2. JURY: PRESENCE OF....   Cases  
Kendig v. Giles 9 Fla. 278, Supreme Court of Florida (January 01, 1860) 1860 1. In suits brought in the name of A for the use of B, the nominal plaintiff is A; the real plaintiff is the person for whose use it is instituted. 2. The assignee can only bring suit in the name of the nominal plaintiff, where there is a legal assignment of the right of action, and by such assignment a right to use the name of the assignor. Where...   Cases  
Kethcam v. U.S. , United States Court of Claims (February 11, 1860) 1860 This case was referred to this court by a resolution of the House of Representatives of March 3, 1855. The petition alleges that Messrs. Farrow & Harris entered into a contract in 1818 with the United States to construct a fort on Dauphin island, Mobile bay; that in 1819 they, Farrow & Harris, made a contract with the claimant by which the latter...   Cases  
Keyser v. Pilgrim 25 Tex.Supp. 217, Supreme Court of Texas (January 01, 1860) 1860 Where parties married in Tennessee, without any proof of an intention to remove to Kentucky, and, after the marriage, personal property descended to the wife by the death of her father, who was then domiciliated in Tennessee, which property she received after they removed to Kentucky, the marital rights of the parties are governed by the laws of...   Cases  
Kinnebrew's Distributees v. Kinnebrew's Adm'rs 35 Ala. 628, Supreme Court of Alabama (January 01, 1860) 1860 [FINAL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS.] APPEAL from the Probate Court of Tuskaloosa.   Cases  
Kinsey v. Jones 8 Jones (NC) 186, Supreme Court of North Carolina (December 01, 1860) 1860 We concur with the Court below, in the opinion that this action cannot be sustained. The justices cannot be held responsible, either in criminal prosecutions or civil actions for deficiencies in the public highways and bridges.--They are charged with certain duties in respect to them, but when these are performed, their office ceases, and the...   Cases  
Kirksey v. Kirksey 30 Ga. 156, Supreme Court of Georgia (March 01, 1860) 1860 1. If a wife, by Bill, sets up an ante-nuptial agreement by parol for the settlement of property, which is admitted by the husband, and the Statute of Frauds is not insisted upon, Equity will decree a specific performance. In Equity, in Clayton Superior Court. This was a bill filed by Mary Kirksey, (by her next friend) against Elisha H. Kirksey,...   Cases  
Kitchand v. Davis 30 Ga. 686, Supreme Court of Georgia (June 01, 1860) 1860 Where the judgment which is sought to be reversed, gives the plaintiff in error all that he claims, it will be affirmed, without regard to any errors that may have been committed on the trial. In Equity, in Dougherty Superior Court. This was a bill filed by John Davis against William P. Kitchand, N. Collier, Collier & Beers, Hunt, Pynchon & Rawson...   Cases  
Kitrol v. State 9 Fla. 9, Supreme Court of Florida (January 01, 1860) 1860 1. The Grand Jury must consist of men possessing the qualifications prescribed by statute, and one incompetent Grand Juror will render an indictment void and of no effect: Provided exception thereto is taken before issue joined and trial on said indictment. 2. If a disqualified or incompetent person is returned upon the Grand Jury, he may be...   Cases  
Lamar v. Williams 10 George 342, High Court of Errors and Appeals of Mississippi (October 01, 1860) 1860 1. PRACTICE: REVIVOR OF SUITS IN NAME OF ADMINISTRATOR: CASE IN JUDGMENT.The following entry on the minutes of the courtDeath of plaintiff suggested, and leave given to revive in the name of his legal representative when made known, which is accordingly done in the names of J. W. and W. L.,together with a...   Cases  
Lang v. Brown 29 Ga. 628, Supreme Court of Georgia (January 01, 1860) 1860 [1.] It is unnecessary to make one, or the representatives of such an one, a party to a bill, whose name appears in a bond or agreement, as payee or obligee, when such an one had no real or actual interest in the transaction, nor could take any benefit under it, especially when it appears that the name was inserted therein, solely for the benefit...   Cases  
Laub v. Burnett 31 Ga. 304, Supreme Court of Georgia (August 01, 1860) 1860 1. An Order in Chancery was had, authorizing the husband and trustee to sell certain real estate, belonging to the separate estate of the wife. The wife afterwards becoming opposed to the sale, defendant advised her to file a bill to enjoin the husband from such sale and consented to act as her trustee, or procliem ami, in that proceeding, and...   Cases  
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