TitleCitationYearSummaryMost RelevantTypeStatus
Morris v. Kendig 15 La.Ann. 404, Supreme Court of Louisiana (June 01, 1860) 1860 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Morrison v. Bean 25 Tex.Supp. 442, Supreme Court of Texas (October 01, 1860) 1860 Where a suit is brought upon a negotiable security, which was assigned before the maker had enjoined the payee from circulating it, it was not error to exclude the injunction suit from the jury. Where the defendant propounded interrogatories to the plaintiff under the 80th section of the act of 13th April, 1846, to regulate proceedings in the...   Cases  
Morrison v. Peay 21 Ark. 110, Supreme Court of Arkansas (January 01, 1860) 1860 Where a bill charges that the defendant went into possession of land as tenant from year to year, and the answer alleges that he went into possession under a verbal contract for a lease for a term of years, setting out the contract, the answer being responsive to the bill, becomes evidence not only of the terms of the contract, but also that the...   Cases  
Morton v. Pearman 30 Ga. 281, Supreme Court of Georgia (May 01, 1860) 1860 1. Under the Act of Feb. 20th, 1854, as amended and interpreted by the Act of Dec. 12th, 1859, neither the Superior nor the Snpreme Courts are required to grant a new trial in any case for an immaterial error, or one not affecting the real merits of the case. Attachment, in Jones Superior Court. Sarah L. Pearman instituted her action,...   Cases  
Mose v. State 36 Ala. 211, Supreme Court of Alabama (June 01, 1860) 1860 [INDICTMENT FOR MURDER.] FROM the Circuit Court of Perry. Tried before the Hon. PORTER KING.   Cases  
Mose v. State 35 Ala. 421, Supreme Court of Alabama (January 01, 1860) 1860 [INDICTMENT FOR MURDER.] FROM the Circuit Court of Perry. Tried before the Hon. PORTER KING.   Cases  
Mosley v. Floyd 31 Ga. 564, Supreme Court of Georgia (November 01, 1860) 1860 This was a bill filed by the complainants, plaintiffs in error, against John J. Floyd and others, for account. John Floyd, late of the county of Putnam, by his last will, appointed his two sons, Stewart. and John J. Floyd, the principal defendants in this case, executors thereof, and by the 4th item directed all the balance of his property, not...   Cases  
Moye v. Kittrell 29 Ga. 677, Supreme Court of Georgia (January 01, 1860) 1860 An instrument conveying property in presenti, and having all the requisites of a deed, and delivered by the maker to the Clerk to be recorded as such, is not testamentary in its character, notwithstanding it declares, that the property is not to go into the possession of the donees till the death of the donor; especially as the paper, would be...   Cases  
Moye v. Moye 5 Jones Eq. 359, Supreme Court of North Carolina (June 01, 1860) 1860 The woman, Jane, had no child born between the making of the will and the death of the testatrix, so the question presented in the class of cases to which we were referred on the argument, does not arise. We have as an open question, does the word, increase, in the limitation over after the death of James Moye, include the child Laurence, or is...   Cases  
Mullings v. Bothwell 29 Ga. 706, Supreme Court of Georgia (January 01, 1860) 1860 The fact that a plaintiff in fi. fa. points out property to the Sheriff and orders him to levy on it all, is an indemnity to the Sheriff for making the levy as ordered, and if he makes no objection to the sufficiency of the indemnity, he must pursue the instructions, or else assume the burthen of showing that they were unreasonable, or at least...   Cases  
Munford v. State 10 George 558, High Court of Errors and Appeals of Mississippi (October 01, 1860) 1860 1. FORMER JEOPARDY: WHERE ACQUITTAL OF A GREATER IS A BAR TO PROSECUTION FOR LESS OFFENCE.-An acquittal on an indictment for a greater offence, is a bar to a subsequent indictment for a less offence included in the greater, only where, under the indictment for the greater offence, the prisoner could be legally convicted of the less. 2. SAME: CASE...   Cases  
Nations v. Johnson 65 U.S. 195, Supreme Court of the United States (January 01, 1860) 1860 THIS case was brought up by writ of error from the District Court of the United States for the western district of Texas. All the facts in the case, and also the proceedings of the court below, are set forth in the opinion of this court. Mr. Paschal commenced his argument by stating it as a general principle, that a judgment obtained by publication...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
New Orleans Ins. Co. v. Tio 15 La.Ann. 174, Supreme Court of Louisiana (March 01, 1860) 1860 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
Newman v. Miller 7 Jones (NC) 516, Supreme Court of North Carolina (June 01, 1860) 1860 The single question, presented by the case agreed, is, whether the limitation over of the estate given to the daughter, Ann, upon her dying without issue, be too remote. The language used in the body of the will, confers upon the daughter an absolute estate in the property; but in the codicil, the testator explains, at large, his intentions as to...   Cases  
Newsome v. Cogburn 30 Ga. 291, Supreme Court of Georgia (May 01, 1860) 1860 Did the distribution made by John Newsome, the intestate, in his life-time, to the children of his first marriage, and their acceptance of an equal share of his whole estate at that time, on the terms expressed in their several receipts given for the same-that is, in full of all their claim or interest in his estate-exclude them from all further...   Cases  
Ney v. Richard 15 La.Ann. 603, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of St. Landry, Martel, J.   Cases  
Nichols v. Gordon 25 Tex.Supp. 109, Supreme Court of Texas (January 01, 1860) 1860 Where the wife joined her husband in the execution of the mortgage of her separate property, but made no acknowledgment separate and apart from her husband, as required by the act of the 3d February, 1841, and substantially re-enacted 30th April, 1846 (Pas. Dig. art. 1003, note 427), it was error to admit the mortgage in evidence upon a mere...   Cases  
Nolley v. Rogers 22 Ark. 227, Supreme Court of Arkansas (October 01, 1860) 1860 The plaintiff did not unfold his case in the bill, by statement of the exact consideration of the trust deed; of the amount due under it; of the way in which the debts he was seeking to have paid to him, or to be indemnified against, accrued; of what had been done under the trust deed, or with the trust property, so as to assure for himself the...   Cases  
Norris v. Harris 15 Cal. 226, Supreme Court of California (January 01, 1860) 1860 A WILL made in Texas, operating upon property there situated, must be interpreted by the law of that State. To that law, reference must be had to determine the capacity of the testator, the extent of his power of disposition, and the conditions upon which the power of alienation vested in the guardian of his children, appointed by the will, is to...   Cases  
Nouvet v. Bollinger 15 La.Ann. 293, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Nouvet v. Vitry 15 La.Ann. 653, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the Third District Court of New Orleans, Duvigneaud, J.   Cases  
Nunnery v. Carter 5 Jones Eq. 370, Supreme Court of North Carolina (June 01, 1860) 1860 Where personal property was bequeathed upon a condition, which was rendered impossible to be performed, such condition not being the sole motive of the bequest, it was Held that the property vested. Where personal property was bequeathed to a son, provided he take care of his mother for her life-time, it was Held not to be the intention of the...   Cases  
Nutter v. Russell 3 Met. 163, Court of Appeals of Kentucky (October 09, 1860) 1860 The words real estate, as used in the first section of art. 3, chap. 86 of the Rev. Stat., relating to the sale of the estate of infants on a petition to the circuit court, import lands, tenements, and hereditaments, and all rights thereto and interests therein, other than a chattel interest. Rev. Stat., chap. 21, sec. 13. Under the...   Cases  
Ocoee Bank v. Nelson 41 Tenn. 186, Supreme Court of Tennessee (September 01, 1860) 1860 The decree is correct in holding that the tract of land sold by Porter to Edwards is subject to the satisfaction of complainant's debt, upon the ground that the lien of the attachment was fastened upon the land before the registration of the conveyance from Porter to Edwards; and also upon the ground of an actual intention to hinder and delay the...   Cases  
O'Connor v. State 9 Fla. 215, Supreme Court of Florida (January 01, 1860) 1860 1. A venire man stated on his voire dire that he had formed an opinion as to the guilt or innocence of the prisoner, but that such opinion was based on mere rumor; that he had not heard the witnesses or any one speak of the matter by detailing any of the facts or circumstances connectedwith the killing as of their own knowledge; that it would...   Cases  
Oliver v. Persons 30 Ga. 391, Supreme Court of Georgia (May 01, 1860) 1860 We shall affirm the judgment of the Court below; and as such is our conclusion, it is unnecessary to elaborate the minor points argued before us, especially as the counsel for plaintiffs in error expressed his indifference as to those points unless there was a reversal on the principal error alleged. I content myself, therefore, with saying, that...   Cases  
Oliver v. State 10 George 526, High Court of Errors and Appeals of Mississippi (October 01, 1860) 1860 1. INSTRUCTION: NOT ERRONEOUS IF SUBSTANTIALLY CORRECT.It is no ground for reversing a judgment in a criminal case that an instruction given in behalf of the State is philologically inaccurate, if substantially the law be correctly expounded in it. 2. SAME: INSTRUCTION MUST BE APPLICABLE TO THE CASE.Instructions should have reference...   Cases  
Otey v. McAfee's Adm'r 9 George 348, High Court of Errors and Appeals of Mississippi (April 01, 1860) 1860 1. EVIDENCE: WITNESS: COMPETENCY OF PARTIES.A party cannot be a witness to discharge himself from a claim set up against him in behalf of a deceased person, to an amount exceeding fifty dollars. 2. NEW TRIAL: GRANTED WHEN VERDICT NOT SUSTAINED BY EVIDENCE.A new trial will be granted where the verdict, considered with reference to the...   Cases  
Overstreet v. Nunn's Ex'rs 36 Ala. 649, Supreme Court of Alabama (June 01, 1860) 1860 [TROVER FOR CONVERSION OF PROMISSORY NOTE.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. PORTER KING.   Cases  
Pagett v. Curtis 15 La.Ann. 451, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the District Court of the Parish of Morehouse, Richardson, J.   Cases  
Palmes v. Kendig 15 La.Ann. 264, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
Pannell v. State 29 Ga. 681, Supreme Court of Georgia (January 01, 1860) 1860 [1.] Upon an application for continuance by the accused, although the Court determines the showing a good one, yet if counsel for the State admit in writing the facts expected to be proved by the absent witnesses before the case is actually continued, it is no error for the Court then, to refuse to continue the case, and proceed with the trial....   Cases  
Parchman v. Charlton 41 Tenn. 381, Supreme Court of Tennessee (December 01, 1860) 1860 This was an action of ejectment for the recovery of a tract of land lying in Davidson County. Judgment was for the defendant, and the plaintiff prosecuted an appeal in error to this court. Both parties derive title under one Samuel Holton, to whom the land formerly belonged. It appears that on the 18th of September, 1847, said Holton mortgaged said...   Cases  
Parker v. City of New Orleans 15 La.Ann. 43, Supreme Court of Louisiana (January 01, 1860) 1860 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
Parker v. Partlow , 12 Rich. 662, Court of Appeals of South Carolina (May 01, 1860) 1860 Where the Commissioner, at his sale of personal property, gives notice that there is no warranty of the soundness of the property, the rule caveat emptor applies to the sale, and the purchaser will be bound to pay, although the property should prove unsound.   Cases  
Park's Distributees v. Park's Adm'rs 36 Ala. 132, Supreme Court of Alabama (January 01, 1860) 1860 [BILL IN EQUITY FOR SETTLEMENT OF DECEDENT'S ESTATE.] APPEAL from the Chancery Court of Chambers. Heard before the Hon. JAMES B. CLARK.   Cases  
Paty v. Martin 15 La.Ann. 620, Supreme Court of Louisiana (November 01, 1860) 1860 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Payne v. Turner 36 Ala. 623, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY TO SET ASIDE PURCHASE BY ADMINISTRATOR AT HIS OWN SALE.]   Cases  
Peay v. Wright 22 Ark. 198, Supreme Court of Arkansas (October 01, 1860) 1860 The trustees of the Real Estate Bank, on the 29th day of January, A. D. 1850, filed their bill in chancery against the present defendants, David R. Coulter and Turner H. Buckner, and it was heard as to Coulter and Buckner and a decree for them. The trustees appealed (see Biscoe et al. v. Coulter et al., 18 Ark., p. 423) and the decree was affirmed....   Cases  
Peeples v. Horton 10 George 406, High Court of Errors and Appeals of Mississippi (October 01, 1860) 1860 1. MARSHALLING ASSETS: NOT ENFORCED BETWEEN CO-LEGATEES WHERE LEGACY OF ONE HAS BEEN TAKEN BY TITLE PARAMOUNT TO TITLE OF TESTATOR.-The doctrine of marshalling assets does not apply to a case between specific legatees under a will where all the property bequeathed to them is subject to an incumbrance paramount to the title of the testator, and the...   Cases  
Pemberton v. Pemberton 29 Mo. 408, Supreme Court of Missouri (January 01, 1860) 1860 This is a suit for the assignment of dower under the dower law of the code of 1845. The testator having devised both real and personal estate to his wife, the question arises whether that devise, if accepted, bars the widow's right to dower in both the real and personal estate. The tenth section of the dower act of the code of 1845, and which is...   Cases  
People v. Howard 17 Cal. 63, Supreme Court of California (October 01, 1860) 1860 IN a criminal action against a white person, a black or mulatto person--though the injured party--cannot, under the statute, be a witness for or against the defendant. The injured party, under the thirteenth section of the act concerning crimes and punishments, means the person who is the immediate and direct sufferer from the offense. APPEAL from...   Cases  
People v. Hoym 20 How. Pr. 76, Superior Court of New York (December 01, 1860) 1860 THIS is a general demurrer to the complaint, that it does not state facts sufficient to constitute a cause of action. The complaint states that the defendants, on Sunday, the 20th of May, 1860, did exhibit to the public, and aided, by advertisement and otherwise, in exhibiting to the public, in the building and room situated at numbers 37 and 39...   Cases  
People v. Hoym 20 How. Pr. 76 (December 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...   Trial Court Orders  
Perin v. McMicken's Heirs 15 La.Ann. 154, Supreme Court of Louisiana (March 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Perkins v. Cenas 15 La.Ann. 60, Supreme Court of Louisiana (January 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Perrine v. Planchard 15 La.Ann. 133, Supreme Court of Louisiana (March 01, 1860) 1860 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Perry's Adm'rs v. McGuire 31 Mo. 287, Supreme Court of Missouri (October 01, 1860) 1860 1. Where a report of a referee, to whom a cause has been referred under the practice act of 1849, (Sess. Acts, 1849, p. 91,) to report upon the whole issue, is accompanied by all the testimony taken by him and forms a part of his report, the supreme court will examine the same and see if the facts found are consistent with the evidence, when the...   Cases  
Philbrick's Heirs v. Spangler 15 La.Ann. 46, Supreme Court of Louisiana (January 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Phillips v. Threadgill 37 Ala. 93, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY FOR PARTITION, AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Chancery Court of Russell. Heard before the Hon. JAMES B. CLARK.   Cases  
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