TitleCitationYearSummaryMost RelevantTypeStatus
Smith v. Hunt 11 Rich.Eq. 269, Court of Appeals of South Carolina (January 01, 1860) 1860 H. being attorney on record in a judgment, of which he owned one-half, purchased, at sheriff's sale, a tract of land, sold under the execution on the judgment, and without paying the purchase money, received from the sheriff a deed of conveyance for the land:Held, that H. must be presumed to have purchased as trustee, and that he held the...   Cases  
Smith v. Lambeth's Ex'r 15 La.Ann. 566, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of Avoyelles, Cullum, J.   Cases  
Smith v. Strahan 25 Tex. 103, Supreme Court of Texas (January 01, 1860) 1860 Where a tract of land is purchased with the separate property of the husband, and the conveyance is taken in the name of the wife, the acts and declarations of the husband before the taking of the conveyance having reference to it, and corresponding with his after acts, evidencing his intention and purpose respecting it, and the subsequent...   Cases  
Smith's Adm'rs v. Thomas 29 Mo. 307, Supreme Court of Missouri (January 01, 1860) 1860 1. A written contract is presumed to contain the whole contract entered into between the parties thereto. 2. In a suit upon a promissory note absolute on its face, parol evidence is inadmissible to show that, though absolute in form, it was payable only upon a contingency, or that in a certain event only one-half the amount was to be paid. Error to...   Cases  
Soldini v. Hyams 15 La.Ann. 551, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of Natchitoches, Chaplin, J.   Cases  
Sowers v. Shiff 15 La.Ann. 300, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the District Court of the Parish of Plaquemines, Foulhouze, J.   Cases  
Spicer v. Yopp 30 Ga. 285, Supreme Court of Georgia (May 01, 1860) 1860 1. A verdict contrary to evidence must be set aside. Complaint, in Laurens Superior Court. This was an action by Spicer, an Attorney at Law, against Yopp, administrator of B. H. Horn, deceased, brought to recover one hundred and eighty dollars, as counsel fees for services rendered in a claim case, wherein deceased was plaintiff in fi. fa., and...   Cases  
Sprecker v. Wakeley 11 Wis. 432, Supreme Court of Wisconsin (June 01, 1860) 1860 This was an action of ejectment commenced in the circuit court of Dane county by the defendants in error, to recover the possession of a certain lot in the city of Madison. After the plaintiffs below had closed the case on their part, the defendants below, and plaintiffs in error, offered in evidence a tax deed from the territory of Wisconsin, to...   Cases  
Stanford v. Mangin 30 Ga. 355, Supreme Court of Georgia (May 01, 1860) 1860 1. A plaintiff in ejectment must recover on the strength of his own title, and not on the weakness of the defendant's title. 2. A deed between private persons conveying all the land on one side of a river not navigable, conveys all that lies on that side, beginning from the middle of the river; or in other words, the term river, when applied to...   Cases  
Starke v. Blackwell 36 Ala. 154, Supreme Court of Alabama (January 01, 1860) 1860 [BILL IN EQUITY TO SUBJECT WIFE'S SEPARATE ESTATE TO PAYMENT OF NOTE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
State v. Ahrens 12 Rich. 493, Court of Appeals of South Carolina (January 01, 1860) 1860 In sci. fa. on recognizance, an objection that the paper produced, is, from matter apparent on its face, not a recognizance, may be made ore tenus, and an affidavit of the defence is not necessary. A paper not appearing upon its face, in any recital, or in the attestation clause, to have been taken by any officer, or any body, having authority to...   Cases  
State v. Baillio's Estate 15 La.Ann. 555, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
State v. Bill 15 La.Ann. 114, Supreme Court of Louisiana (February 01, 1860) 1860 Appeal from the Magistrates' Court of the Ninth Ward of the Parish of Pointe CoupĂ©e.   Cases  
State v. Clara 8 Jones (NC) 25, Supreme Court of North Carolina (December 01, 1860) 1860 The instructions asked for were properly refused. There was evidence to satisfy the jury that the homicide was inflicted by gun-shot wounds, and by the hands of Jim, the son of Clara. Assuming that lead and gun-caps were furnished by the directions of Clara, there is a purpose for furnishing them disclosed by the use immediately made of such...   Cases  
State v. Cowan 29 Mo. 330, Supreme Court of Missouri (January 01, 1860) 1860 1. The general assembly has power under the constitution to create municipal corporations and to confer upon them the authority to pass police regulations and to punish persons for their violation. 2. If a municipal corporation created by the law of this state should take cognizance of an act made an offence by its ordinances and punish it, the...   Cases  
State v. Farrar 41 N.H. 53, Superior Court of Judicature of New Hampshire (January 01, 1860) 1860 Where, upon a decree of divorce, the custody of a child of four years of age was assigned to the mother, and the father afterward, with a strong hand, seized the child, then in the mother's custody, and against her will, and carried it out of the State--it was held, that this constituted the statute offence of unlawfully and forcibly carrying the...   Cases  
State v. George 15 La.Ann. 145, Supreme Court of Louisiana (March 01, 1860) 1860 Appeal from Justices Court, Parish of Iberville.   Cases  
State v. Gore 15 La.Ann. 79, Supreme Court of Louisiana (February 01, 1860) 1860 Appeal from the District Court of the Parish of East Feliciana, Ratliff, J.   Cases  
State v. Gutierrez 15 La.Ann. 190, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the Recorder's Court of the First District of the city of New Orleans.   Cases  
State v. Henry 15 La.Ann. 297, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the First Justice's Court of the Parish of West Feliciana.   Cases  
State v. Joshua 15 La.Ann. 118, Supreme Court of Louisiana (February 01, 1860) 1860 Appeal from the Justice's Court of the Parish of St. James.   Cases  
State v. McCauley 15 Cal. 429, Supreme Court of California (April 01, 1860) 1860 THE Act of March 21st, 1856, creating a Board of State Prison Commissioners, and defining their duties, is constitutional. It does not create a debt or liability against the people of the State, in contravention of the eighth article of the Constitution, and the contract made with Estill under the act is valid and binding upon the State. Under the...   Cases  
State v. Pitts 13 Rich. 27, Court of Appeals of Law of South Carolina (May 01, 1860) 1860 To sustain an indictment for fraudulently packing cotton, it is not enough to show that the cotton was fraudulently packed, and that it was packed at defendant's gin, in charge of white employees; the guilty knowledge of defendant should also be shown.   Cases  
State v. Sam 8 Jones (NC) 150, Supreme Court of North Carolina (December 01, 1860) 1860 Any evidence is competent, which tends to show the feeling or bias of a witness in respect to the party or the cause; for the jury ought to be put in possession of every fact which will enable them to form a proper estimate of the witness; not merely in reference to his honesty, but to the degree of reliance that can be placed on his accuracy, and...   Cases  
State v. Solomon 15 La.Ann. 463, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the Fourth Ward Justice's Court of the Parish of Morehouse.   Cases  
State v. Williams 7 Jones (NC) 446, Supreme Court of North Carolina (June 01, 1860) 1860 On his trial, the prisoner made two objections to the admission of testimony which were over-ruled, and prayed an instruction to the jury which was refused, all which are set forth in his bill of exceptions as the grounds of his application to have the judgment against him reversed, and a venire de novo awarded. He has also submitted a motion that,...   Cases  
State v. Worth 7 Jones (NC) 488, Supreme Court of North Carolina (June 01, 1860) 1860 The delivering of a copy of an incendiary publication to one individual, with an unlawful intent, is a circulation within the prohibition of the act of Assembly, Rev. Code, ch. 34, sec. 16. In order to show the mischievous intent in the delivery of an incendiary publication to the individual, described in the bill of indictment, it is competent to...   Cases  
State, to Use of Morrison's Adm'r v. St. Gemme's Adm'r 31 Mo. 230, Supreme Court of Missouri (October 01, 1860) 1860 1. Under the fifth section of the act concerning marriage contracts, approved December 22, 1824, (R. C. 1825, p. 526) all contracts of marriage, as well those entered into before as after the passage of the act, had to be recorded in the county where the property to be affected was situate, in order to be of any binding effect, except as between...   Cases  
Still v. Corporation of Woodville 9 George 646, High Court of Errors and Appeals of Mississippi (April 01, 1860) 1860 1. DOMICILE: CHANGE OF: ACQUISITION OF NEW: CASE IN JUDGMENT.-If an invalid sell his mansion-house and other property, or the domicile of his birth, and leave that domicile for the purpose of travelling, so as to regain his health or prolong his life, and shortly afterwards die on his travels, without having acquired any permanent abode at any...   Cases  
Stillwell v. Bertrand 22 Ark. 375, Supreme Court of Arkansas (October 01, 1860) 1860 It is no defense on the part of a security in a bond that at the time of its execution the principal was a feme-covert. The proper mode of replying limitations to a plea of set-off is to refer the accrual of the cause of action upon the set-off to the time of the commencement of suit in that case, not to the time of filing the plea of set-off-the...   Cases  
Stone v. Green 30 Ga. 340, Supreme Court of Georgia (May 01, 1860) 1860 Were the caveators, Susan Green and her husband, William Green, concluded or barred by the judgment of the Court of Ordinary probating this Will at October, 1859? We think they were not. That record recites, that two of the legatees to-wit: John Stone and Andrew J. Ray, show the service of due and legal notice to the next of kin of said deceased,...   Cases  
Striplin v. Ware 36 Ala. 87, Supreme Court of Alabama (January 01, 1860) 1860 [BILL IN EQUITY FOR REMOVAL OF MOTHER FROM GUARDIANSHIP OF INFANT CHILDREN.] APPEAL from the Circuit Court of Randolph. Heard before the Hon. JOHN FOSTER.   Cases  
Stroud v. Casey 25 Tex. 740, Supreme Court of Texas (January 01, 1860) 1860 The plaintiff in execution, and his attorney who recovered the judgment, are deemed to be purchasers with notice of all errors and irregularities in the proceedings and judgment in the suit; and where the plaintiff bought a tract of land at sheriff's sale on execution, under a judgment in his favor, and conveyed the same to the attorneys who...   Cases  
Stuhlmuller v. Ewing 10 George 447, High Court of Errors and Appeals of Mississippi (October 01, 1860) 1860 1. HUSBAND AND WIFE: COMPETENCY OF WIDOW TO TESTIFY ON BEHALF OF HER HUSBAND'S ESTATE.-The widow is a competent witness on behalf of the estate of her deceased husband, to prove a conversation between her husband in his lifetime and the opposing party in relation to the subject-matter of the suit. 2. SAME: COMPETENCY OF WIFE TO TESTIFY FOR HER...   Cases  
Succession of Daigle 15 La.Ann. 594, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of St. Landry, Simon, J.   Cases  
Succession of Ewing v. Altmeyer 15 La.Ann. 416, Supreme Court of Louisiana (June 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Succession of Minvielle 15 La.Ann. 342, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Succession of Montamat 15 La.Ann. 332, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Succession of Skipwith 15 La.Ann. 209, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the District Court of the Parish of E. Feliciana, Ratliff, J.   Cases  
Succession of Taylor v. Taylor 15 La.Ann. 313, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Succession of Tournillon 15 La.Ann. 263, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the District Court of the Parish of Assumption, Roman, J.   Cases  
Succession of Will 15 La.Ann. 381, Supreme Court of Louisiana (May 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Swann v. Swann 5 Jones Eq. 297, Supreme Court of North Carolina (June 01, 1860) 1860 It is now, and has been for a long time well settled, both in England and in this country, that the primary fund for the payment of the debts of a testator is the personal effects, of which he has made no disposition in his will, and that this rule is not varied by the fact, that he has expressly directed other property, real and personal, to be...   Cases  
Swift v. Swift 36 Ala. 147, Supreme Court of Alabama (January 01, 1860) 1860 [BILL IN EQUITY TO ESTABLISH ABSOLUTE BILL OF SALE AS MORTGAGE; FOR REDEMPTION, AND ACCOUNT.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Taylor v. Pearce 15 La.Ann. 564, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of Rapides, Cullom, J.   Cases  
The Huntsville 12 F.Cas. 996, District Court, ED South Carolina (November 01, 1860) 1860 This was a libel for salvage by Ross C. Davis and others, owners of the steamer Nina, and by the Phoenix Fire Engine Company and others, against the steamship Huntsville and cargo.   Cases  
THE PEOPLE, ex rel. Hoyt, v. THE COMMISSIONERS OF TAXES, &c. IN NEW YORK. 33 Barb. 523, Supreme Court, New York (November 01, 1860) 1860 This case is reported ante, p. 116. The following dissenting opinion of Justice SUTHERLAND not having been received in time to be inserted, or noticed, in connection with the case, is published here.   Cases  
THE PEOPLE, ex rel. Hoyt, v. THE COMMISSIONERS OF TAXES, &c. IN NEW YORK. 33 Barb. 523 (November 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  
The Wanderer 1 Spr. 515, District Court, D Massachusetts (June 01, 1860) 1860 This was a libel of information, by the district attorney, in behalf of the United States, claiming a forfeiture under the second section of the act of 20th April, 1818, c. 91. That section is as follows: That no citizen or citizens of the United States, or any other person or persons, shall, after the passing of this act, as aforesaid, for...   Cases  
Thomas v. Williams 9 Fla. 289, Supreme Court of Florida (January 01, 1860) 1860 Mary Thomas, John F. O. Thomas, Nathaniel Thomas and Margaret Thomas, minor children of John F. O. Thomas, deceased, by their next friend, Luke Lott and Ann M. Lott, his wife, bring their bill of complaint against James and Matilda Williams, setting forth, among other things, that the father of said minor children, John F. O. Thomas, in his life...   Cases  
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