| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Pickens v. Pickens |
35 Ala. 442, Supreme Court of Alabama (January 01, 1860) |
1860 |
[PARTIAL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS.] APPEAL from the Probate Court of Greene. |
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Cases |
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| Pike v. Elliott |
36 Ala. 69, Supreme Court of Alabama (January 01, 1860) |
1860 |
[TRESPASS QUARE CLAUSUM FREGIT.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. NAT. COOK. |
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Cases |
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| Pike v. State |
35 Ala. 419, Supreme Court of Alabama (January 01, 1860) |
1860 |
[INDICTMENT FOR EXHIBITING FEATS OF SLEIGHT OF HAND.] FROM the Circuit Court of Marengo. Tried before the Hon. A. A. COLEMAN. |
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Cases |
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| Pinkard v. State |
30 Ga. 757, Supreme Court of Georgia (June 01, 1860) |
1860 |
1. A defendant who is complicated with others in the commission of a crime, may prove, by the arresting officer, that he put him upon the pursuit by way of raising a presumption of his own innocence. 2. A witness cannot be compelled to accuse himself; but where this is necessary to the full understanding of other statements which he has made, the... |
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Cases |
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| Porter v. Greer |
41 Tenn. 564, Supreme Court of Tennessee (December 01, 1860) |
1860 |
The question for our determination in this cause arises upon the following clause of the last will and testament of Benjamin Taliaferro, who died in Bedford County, in 1824, viz.: I deposit in the hands of my executors fifty-four and three quarter acres of land, whereon my daughter, Elizabeth Porter, now lives, who are directed to let her, the... |
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Cases |
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| Potter v. McDowell |
31 Mo. 62, Supreme Court of Missouri (October 01, 1860) |
1860 |
1. To avoid a deed on the ground that it operates to hinder and delay the creditors of the grantor therein, it is not necessary to show that the act of the grantor therein is corruptly fraudulent; if the deed is voluntary and hinders and delays creditors, it is fraudulent in law, irrespective of the motives of the grantor. 2. A husband can not, to... |
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Cases |
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| Pousarques v. Natchez |
15 La.Ann. 80, Supreme Court of Louisiana (February 01, 1860) |
1860 |
Appeal from the Third District Court of New Orleans, Duvigneaud, J. |
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Cases |
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| Powhatan Steamboat Co. v. Appomattox R. Co. |
65 U.S. 247, Supreme Court of the United States (December 01, 1860) |
1860 |
THIS case was brought up by writ of error from the Circuit Court of the United States for the eastern district of Virginia. The nature of the case and rulings of the court below are fully explained in the opinion of the court. The arguments upon both sides contained examinations of the cases in this country and England with respect to the operation... |
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Cases |
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| Purcell v. Mather |
35 Ala. 570, Supreme Court of Alabama (January 01, 1860) |
1860 |
[GARNISHMENT ON JUDGMENT--CONTEST WITH TRANSFERREE.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK. |
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Cases |
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| Queener v. Morrow |
41 Tenn. 123, Supreme Court of Tennessee (September 01, 1860) |
1860 |
This was, in form, an action of debt brought by Morrow against Queener for money had and received to the use of the plaintiff. Judgment for the plaintiff. The cause of action is this: In January, 1853, perhaps, a trunk containing about $2,500 in bank-notes was feloniously taken from the dwelling-house of the plaintiff by some person or persons... |
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Cases |
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| Quigly v. Muse |
15 La.Ann. 197, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of East Feliciana, Ratliff, J. |
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Cases |
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| Rabun v. Rabun |
15 La.Ann. 471, Supreme Court of Louisiana (July 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Union, Richardson, J. |
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Cases |
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| Raiford v. Thorn |
15 La.Ann. 81, Supreme Court of Louisiana (February 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Pointe Coupée. |
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Cases |
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| Ranlett v. Constance |
15 La.Ann. 423, Supreme Court of Louisiana (June 01, 1860) |
1860 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Reeves v. Poindexter |
8 Jones (NC) 308, Supreme Court of North Carolina (December 01, 1860) |
1860 |
Waiving any discussion as to the terms, in which the rule is laid down by the Judge below, we think that the rule, itself, was not properly applicable to the facts before the Court. According to the interpretation, which we put upon them, they do not raise the question between affirmative and negative, but between contradictory witnesses. And the... |
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Cases |
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| Rider v. Commonwealth |
16 Gratt. 499, Supreme Court of Appeals of Virginia (August 30, 1860) |
1860 |
At a quarterly term of the Hustings court held for the city of Lynchburg on the 5th of March 1860, the prisoner was indicted for feloniously stealing an axe of the value of fifty cents; and it was alleged in the indictment that the accused had previously been indicted in the same court of a different offence of petit larceny, and sentenced to... |
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Cases |
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| Ridley's Adm'rs v. Ridley |
41 Tenn. 323, Supreme Court of Tennessee (December 01, 1860) |
1860 |
The original bill in this case was filed by Moses Ridley, against the widow and heirs of Henry Ridley, for an account. The facts, in brief, as shown by the pleadings and proof, are that Henry Ridley, who was the owner of a considerable estate and much in debt, died in July, 1835, suddenly, of cholera, after having upon his death-bed requested his... |
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Cases |
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| Robertson v. Johnston |
36 Ala. 197, Supreme Court of Alabama (January 01, 1860) |
1860 |
[BILL IN EQUITY BY JUDGMENT CREDITORS TO REACH EQUITABLE ASSETS.] APPEAL from the Chancery Court at Claiborne. Heard before the Hon. WADE KEYES. |
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Cases |
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| Robertson v. Moorer |
25 Tex. 428, Supreme Court of Texas (January 01, 1860) |
1860 |
A statutory bond for writ of error given to operate as a supersedeas, is a lien upon the real estate of the obligors situated in the county where the original judgment was rendered, and the lien takes effect certainly from the filing in the district court where the original judgment complained of was rendered, of the mandate of the supreme court,... |
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Cases |
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| Robinson's Adm'rs v. Allison |
36 Ala. 525, Supreme Court of Alabama (June 01, 1860) |
1860 |
[ACTION ON ACCOUNT FOR WORK AND LABOR DONE.] APPEAL from the Circuit Court of Madison. Tried before the Hon. S. D. HALE. |
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Cases |
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| Rochelle v. Hezeau |
15 La.Ann. 306, Supreme Court of Louisiana (May 01, 1860) |
1860 |
Appeal from the Fourth District Court of New Orleans, Morgan, J. |
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Cases |
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| Roe v. Doe |
31 Ga. 544, Supreme Court of Georgia (November 01, 1860) |
1860 |
This was an action of Ejectment in Laurens Superior Court, for the recovery of a tract of land, known, originally, as the Oliver Mill tract, in which John C. and William Spell were plaintiffs, and Temperance Kellam, widow of Russell Kellam, deceased, was defendant. The land in controversy belonged, originally, to William Oliver, and was, by him, by... |
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Cases |
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| Rogers v. Brickhouse |
5 Jones Eq. 301, Supreme Court of North Carolina (June 01, 1860) |
1860 |
The bill is filed for the purpose of obtaining a construction of the will of the testator, Matthew Brickhouse. Several questions are raised, which we will proceed to consider and dispose of, in the order in which they are presented. 1. The first question arises on the third clause of the will, and the facts in relation to it, are as follows: When... |
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Cases |
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| Roseberry v. Roseberry |
31 Ga. 122, Supreme Court of Georgia (August 01, 1860) |
1860 |
This is an appeal from a Judgment of the Superior Court, on Certiorari, sued out to correct alleged errors of three Justices of the Inferior Court of Newton county, upon the trial of a Possessory Warrant, to try the right of possession, under the Act of December, 1821, entitled: An Act, more effectually to quiet and protect the possession of... |
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Cases |
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| Ross v. Barker |
30 Mo. 385, Supreme Court of Missouri (July 01, 1860) |
1860 |
1. The failure of the vendee of a chattel to return or offer to return the same is no bar to an action by such vendee against the vendor on an express warranty of soundness. I. The court below erred in instructing the jury that, admitting all the testimony to be true, they are not entitled to recover; because plaintiff has failed to prove an offer... |
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Cases |
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| Rost v. Doyal |
15 La.Ann. 180, Supreme Court of Louisiana (March 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Ascension, Duffel, J. |
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Cases |
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| Rost v. Doyal's Heirs |
15 La.Ann. 265, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Ascension, Duffel, J. |
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Cases |
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| Rowe v. Collier |
25 Tex.Supp. 252, Supreme Court of Texas (October 01, 1860) |
1860 |
The evidence of plaintiff below was deficient as to one item of his account, upon which the jury must have found in his favor, to wit, the item $360, paid by McKerrall to Rowe for Collier. The plaintiff below, to avoid the force of the presumption arising from having given his note to Rowe, alleged in his amended petition that this item, with the... |
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Cases |
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| Russ v. Russ |
9 Fla. 105, Supreme Court of Florida (January 01, 1860) |
1860 |
1. J. R. devised to his wife, during her natural life, certain real and personal estate, remainder over to his children, J. W. R., M. E. and M. B..; also to his three children, J. W. R., M. E. and M. B., and the heirs of their body separate legacies of personal property; also to his grand-daughter M. J., who is a daughter of a deceased son, certain... |
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Cases |
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| Ryan v. Lieber |
30 Ga. 433, Supreme Court of Georgia (January 01, 1860) |
1860 |
1. Why is not a transfer of an execution by plaintiff's attorney good as an equitable assignment, the plaintiff having received the money paid on the assignment? 2. A levy of personal property which has been dismissed by plaintiff or plaintiff's attorney, without being productive, and when no injury has resulted from such dismissal, sufficiently... |
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Cases |
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| S.S. Farrar, Bro. & Co. v. Metts |
, Court of Appeals of South Carolina (May 01, 1860) |
1860 |
It is settled, in this State, that parties to a negotiable instrument, in a controversy between other parties, are competent witnesses to invalidate the instrument, if they have no interest which disqualifies them. |
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Cases |
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| Samuel v. Salter |
3 Met. 259, Court of Appeals of Kentucky (December 18, 1860) |
1860 |
Section 23, chapter 80, Revised Statutes, rendering trust estates liable for the debts of beneficiaries, is but a reënactment of section 13 of the act of 1796 on the same subject. (1 Digest of Stat. Law, 443.) The adjudications of the Court of Appeals, construing the act of 1796, determine the purview of the section of the Revised Statutes,... |
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Cases |
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| Sanderlin v. Robinson |
6 Jones Eq. 155, Supreme Court of North Carolina (December 01, 1860) |
1860 |
The bill is filed for the purpose of having a marriage contract, alleged to have been executed by the plaintiffs upon a misapprehension and mistake of its terms, corrected, and a settlement made in conformity with the real intention of the parties. There are some allegations of fraud, and undue influence exercised over the feme plaintiff, which are... |
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Cases |
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| Sanders v. Godley's Adm'r |
36 Ala. 50, Supreme Court of Alabama (January 01, 1860) |
1860 |
[BILL IN EQUITY AGAINST LEGATEE BY JUDGMENT CREDITOR OF TESTATOR.] APPEAL from the Chancery Court of Madison. Heard before the Hon. JOHN FOSTER. |
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Cases |
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| Savage v. Williams |
15 La.Ann. 250, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Lafourche, Roman, J. |
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Cases |
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| Sawyer v. Ware |
36 Ala. 675, Supreme Court of Alabama (June 01, 1860) |
1860 |
[TRESPASS AGAINST SHERIFF FOR SEIZURE AND SALE OF PERSONAL PROPERTY.] APPEAL from the Circuit Court of Shelby. Tried before the Hon. JOHN E. MOORE. |
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Cases |
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| Scales v. Scales |
6 Jones Eq. 163, Supreme Court of North Carolina (December 01, 1860) |
1860 |
The bill is filed by the executrix of James Scales, deceased, for the purpose of obtaining the advice of this Court, as to the construction of the will of her testator, in several specified particulars. 1. The executrix wishes to know whether she has an absolute interest or only a life-estate in certain property of a perishable kind, and if the... |
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Cases |
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| Scarborough v. Reynolds |
13 Rich. 98, Court of Appeals of South Carolina (December 01, 1860) |
1860 |
A crooked arm, rendered so by a dislocation in infancy, where the defect is palpable to the naked eye, is not unsoundness within the meaning of a written warranty of soundness. In an action of assumpsit on a written warranty of soundness, the jury may render a verdict for less than twenty dollars, and if it be for thirteen dollars it will carry... |
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Cases |
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| Scott v. Winship |
30 Ga. 879, Supreme Court of Georgia (June 01, 1860) |
1860 |
When this Court is satisfied with the general result in an Equity cause, but considers that the decree might be modified in a manner beneficial to all parties concerned, it will send the case for this special purpose, without reopening the whole merits of the litigation. In Equity, in Bibb Superior Court. Isaac Winship individually, and the firm of... |
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Cases |
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| Sessions' Adm'rs v. Stevenson |
11 Rich.Eq. 282, Court of Appeals of South Carolina (January 01, 1860) |
1860 |
Levy, under execution, on a house and lot, with other circumstances; held sufficient, after a lapse of near twenty years, to raise the presumption that the judgment was satisfied. A sovereign State, coming in as a creditor, under a bill to marshal assets, stands as other creditors, and is liable to the ordinary presumptions of payment. |
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Cases |
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| Sharman v. Jackson |
30 Ga. 224, Supreme Court of Georgia (March 01, 1860) |
1860 |
Three points arise in the construction of this deed. 1st. Whether by its terms an estate tail is created. 2d. Is the remainder a vested or contingent one? 3d. Who will take under the limitation to the heirs of the body? 1. As to the first, we consider it well established, that although these words, heirs of the body, do, prima facie, import an... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Sharp v. Burns |
35 Ala. 653, Supreme Court of Alabama (January 01, 1860) |
1860 |
[ACTION AGAINST HUSBAND AND WIFE, FOR GOODS SOLD AND DELIVERED.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Cases |
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| Sheffill v. Van Deusen |
15 Gray 485, Supreme Judicial Court of Massachusetts (September 01, 1860) |
1860 |
The refusal of the judge to require the plaintiffs to elect on which count in their declaration they would proceed in the trial is not a legal ground of exception. The two counts were for the same cause of action; the same words were set forth in both; and the only difference between them was in the offence which the words spoken by the female... |
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Cases |
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| Shine v. Redwine |
30 Ga. 780, Supreme Court of Georgia (June 01, 1860) |
1860 |
1. Where the purchase is made by a Trustee on his own account of the estate of the cestui que trust, although sold at public auction, it is the option of the cestui que trust to set aside the sale, whether bona fide made or not: Provided, the heirs make their election within a reasonable time. 2. If an administrator illegally sells the property of... |
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Cases |
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| Shropshire v. His Creditors |
15 La.Ann. 705, Supreme Court of Louisiana (December 01, 1860) |
1860 |
Appeal from the District Court of the Parish of East Feliciana, Ratliff, J. |
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Cases |
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| Simons v. Jacobs |
15 La.Ann. 425, Supreme Court of Louisiana (June 01, 1860) |
1860 |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
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Cases |
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| Simpers v. Simpers |
15 Md. 160, Court of Appeals of Maryland (March 15, 1860) |
1860 |
A testator by his will, executed in 1805, devised real estate to his natural son, Henry, for and during the term of his natural life, and, after his decease, to his eldest son for life, and, in default of such issue on the part of Henry, to the testator's natural son, William, for and during the term of his natural life, and, after his death,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Sims v. Conger |
10 George 231, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. WILL: CONTINGENT LIMITATION OVER MADE IN CASE FIRST TAKER DIES: CONSTRUCTION OF.-The rule is well settled that, in a bequest to A, and in case he dies, or in the event of his death, simply, without any further words of contingency, then over to B, the contingency intended is the death of A before the testator; for, death being a certain and... |
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Cases |
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| Slatter v. Meek |
35 Ala. 528, Supreme Court of Alabama (January 01, 1860) |
1860 |
[BILL IN EQUITY BY WIDOW, AFTER ALLOTMENT OF DOWER, FOR RECOVERY OF MESNE PROFITS.] APPEAL from the Chancery Court at Mobile. Heard before the Hon. WADE KEYES. |
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Cases |
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| Smith v. Allen |
10 George 469, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. INSOLVENT DEBTOR: MAY MAKE A GIFT OF A CHATTEL EXEMPT FROM EXECUTION.An insolvent debtor may make a valid donation of a chattel which is by law exempt from seizure and sale for the payment of his debts. 2. SAME: SAME: CASE IN JUDGMENT.An insolvent debtor, who was engaged in business which subjected him to the will of his employer... |
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Cases |
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