| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Hocker v. Gentry |
3 Met. 463, Court of Appeals of Kentucky (June 15, 1861) |
1861 |
Where the consideration of a contract is that the obligee therein signs the name of another to an instrument without authority, such contract will not be enforced either in favor of the obligee or his donee. A final order can not, after the term at which it was rendered, be vacated by the court below, except in the mode prescribed by the Civil... |
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Cases |
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| Howard v. Snelling |
32 Ga. 195, Supreme Court of Georgia (January 01, 1861) |
1861 |
On the trial of this case in the Court below, the jury found for the defendant, and the plaintiffs moved for a new trial, on several grounds. The refusal of the Court to grant a new trial is the error complained of, and we proceed to examine the grounds overruled. 1. A bill of sale from Samuel Tompkins (under whom plaintiffs claim) to the... |
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Cases |
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| Hunt v. Lathrop |
7 R.I. 58, Supreme Court of Rhode Island (September 01, 1861) |
1861 |
A voluntary assignment, with preferences, of personal property situated in Massachusetts, valid in Rhode Island but void by the laws of Massachusetts, was made in Rhode Island by an insolvent firm composed of members who were citizens of that State, for the benefit of their creditors. After the assignees, who were also citizens of Rhode Island, had... |
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Cases |
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| Imboden v. Hunter |
23 Ark. 622, Supreme Court of Arkansas (December 01, 1861) |
1861 |
It is a rule in equity that a trustee to sell for others, or a mortgagee with power of sale, is not allowed to purchase, directly or indirectly, for his own benefit, at the sale: And it matters not, in the application of the rule, that the sale was bona fide, and for a fair price: at the instance of the cestui que trust, or person interested,... |
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Cases |
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| In re Charge to Grand Jury |
4 Blatchf. 518, Circuit Court, SD New York (January 14, 1861) |
1861 |
The court has requested your attendance this morning, in order to call your attention to, and give you some instructions in relation to, crimes which have long been unknown in our hitherto peaceful and happy country, which for more than fifty years the federal courts have not been called upon to investigate, and which are, therefore, very... |
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Cases |
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| In re Judge Lawrence's Charge to Grand Jury |
2 Ohio Dec.Reprint 491, Court of Common Pleas of Ohio, Logan County (June 01, 1861) |
1861 |
The act of March 3, 1831, entitled An act granting licenses and regulating taverns, (3 Curwen, 2424; Chase Stat. 1825; 2 Swan & Critchfield Statutes, 1246), makes this provision: SEC. 1. That no person shall be permitted to keep a tavern without having obtained a license from the court of common pleas of the proper county for... |
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Cases |
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| In re Judge Lawrence's Charge to Grand Jury |
2 Ohio Dec.Reprint 491 (June 01, 1861) |
1861 |
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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| In re McDonald |
9 Am. Law Reg. 661, District Court, ED Missouri (January 01, 1861) |
1861 |
In the matter of Emmet McDonald. |
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Cases |
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| Jackson v. Jackson |
32 Ga. 325, Supreme Court of Georgia (March 01, 1861) |
1861 |
1. It is not error in the presiding Judge to refuse to rule out answers to cross interrogatories, when objected to, on the ground that the answers are not full, especially when the cross interrogatories relate to an immaterial matter. 2. The sayings of an executrix, who is also a legatee under a will, uttered before and at the time of making the... |
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Cases |
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| Janes, for Use of Vanover, v. Horton |
32 Ga. 245, Supreme Court of Georgia (January 01, 1861) |
1861 |
1. A party who has contracted with another, to do a particular thing, upon the happening of a certain event, is bound, when that event happens, within his knowledge, to do the thing contracted to be done, without notice or order from the other partyunless such notice or demand be required by the express stipulations, or the peculiar nature... |
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Cases |
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| Johnson v. Brock |
23 Ark. 282, Supreme Court of Arkansas (January 01, 1861) |
1861 |
The plaintiff in replevin proved that he once owned the property in disputethe defendant proved an acknowledgment by the plaintiff that he had sold the property to a third personthe plaintiff then offered to prove by way of rebutting testimony, his own declarations and directions given to the witness, not in the presence of the... |
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Cases |
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| Jones v. Gerock |
6 Jones Eq. 190, Supreme Court of North Carolina (June 01, 1861) |
1861 |
The personal estate, which is in this State of one residing in another State, in respect to both debts and legacies, must be administered by one qualified to act under the orders and control of our courts and according to our laws, but in regard to the payment of legacies and distributive shares, our courts, from comity, adopt the laws of the... |
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Cases |
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| Jones v. Jones |
23 Ark. 212, Supreme Court of Arkansas (January 01, 1861) |
1861 |
A deed, purporting on its face to be a conveyance of property, could not be made a mortgage in this case, because the evidence did not establish such a conclusion. Where notes are barred by the statute of limitations, the payment of money as security for the debtor, cannot revive them. A note which has not been delivered, and which is in the hands... |
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Cases |
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| Jones v. Jones' Ex'r |
37 Ala. 646, Supreme Court of Alabama (June 01, 1861) |
1861 |
[BILL IN EQUITY BY EXECUTOR, FOR CONSTRUCTION OF WILL, AND SETTLEMENT OF ESTATE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Josephine v. State |
10 George 613, High Court of Errors and Appeals of Mississippi (October 01, 1861) |
1861 |
1. JURY: BIAS OR PREJUDICE OF JUROR, TO MAKE HIM INCOMPETENT, MUST EXTEND TO POINT IN ISSUE TO BE TRIED.Where the issue to be tried, under an indictment for murder, is on the special plea of the accused relying upon a former acquittal, it is not proper, in interrogating a person summoned as a juror as to his competency, to ask him whether he... |
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Cases |
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| Justice v. State |
17 Ind. 56, Supreme Court of Indiana (November 01, 1861) |
1861 |
The Court of Common Pleas has jurisdiction in felonies, only in certain specified cases, and the information must show, on its face, such a state of facts as entitles the Court to entertain such jurisdiction. The information must show that the felony, on charge of which the defendant is alleged to be in custody, is the same felony for which the... |
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Cases |
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| King v. Dunham |
31 Ga. 743, Supreme Court of Georgia (January 01, 1861) |
1861 |
1. There being in a marriage settlement after the termination of two estates for life, and upon failure of issue of the marriage, a limitation over to the heirs of S. A. (the Grantor.) Held, that the remainder-men took as heirs, not as purchasers. 2. The marriage settlement having been in the lives of the parties to it, reformed, by... |
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Cases |
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| Kraker v. Byrum |
13 Rich. 163, Court of Appeals of South Carolina (May 01, 1861) |
1861 |
A guardian is the sole judge of what are necessaries for his ward, and if he furnishes her with such as he thinks proper, she cannot bind herself by contract, as for necessaries, to a third person. |
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Cases |
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| Lacour v. Lacour |
16 La.Ann. 103, Supreme Court of Louisiana (February 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Pointe Coupée, McVea, J., presiding. |
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Cases |
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| Lallande v. McRae |
16 La.Ann. 193, Supreme Court of Louisiana (March 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Pointe Coupee, Ratliffe, J. |
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Cases |
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| Le Blanc v. Bertant |
16 La.Ann. 294, Supreme Court of Louisiana (May 01, 1861) |
1861 |
Appeal from the District Court of the Parish of St. James, Lawes, J. |
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Cases |
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| Le Blanc v. Bouchereau |
16 La.Ann. 11, Supreme Court of Louisiana (January 01, 1861) |
1861 |
Appeal from the Second District Court of New Orleans, Howell, J., presiding. |
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Cases |
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| Lillibridge v. Ross |
31 Ga. 730, Supreme Court of Georgia (January 01, 1861) |
1861 |
Considering the time that has been consumed in Courts in discussing questions like those involved in this record, brevity, it would seem, is the greatest merit that an opinion could claim, which is written upon them. After the decision by this Court in Jackson vs. Adams, 14 Geo. Rep. 557, and numerous parallel cases, before and since, I should... |
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Cases |
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| Lott v. Ross |
38 Ala. 156, Supreme Court of Alabama (June 01, 1861) |
1861 |
[BILL IN EQUITY TO ENJOIN COLLECTION OF SPECIAL TAX.] APPEAL from the Chancery Court of Mobile. Heard before the Hon. N. W. COCKE. |
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Cases |
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| Lynch v. Bitting |
6 Jones Eq. 238, Supreme Court of North Carolina (June 01, 1861) |
1861 |
Where it appeared that during a copartnership of eight years duration, there had been occasional calculations of interest and summing up of results and a division of profits, but no surrender of vouchers or cancellation of books, nor release, nor receipt in full, it was held that the transactions were not of such a conclusive nature as to bar an... |
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Cases |
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| Marks v. Witkouski |
16 La.Ann. 341, Supreme Court of Louisiana (May 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Carroll, Farrar, J. |
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Cases |
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| Marshall v. Miller |
3 Met. 333, Court of Appeals of Kentucky (January 26, 1861) |
1861 |
Where a farm owned by a feme covert, on which her family, including herself and husband, lived, needed repairs--the fences and buildings, including the dwelling and out-houses on the same, being in a ruinous and dilapidated condition, plank and lumber being necessary to make the dwelling comfortable, and the other houses fit for use in a... |
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Cases |
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| Martin v. Reed |
37 Ala. 198, Supreme Court of Alabama (January 01, 1861) |
1861 |
[ACTION ON PROMISSORY NOTE, AGAINST MAKER.] APPEAL from the Circuit Court of Russell. Tried before the Hon. ROBERT DOUGHERTY. |
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Cases |
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| Mattingly's Heirs v. Read |
3 Met. 524, Court of Appeals of Kentucky (January 07, 1861) |
1861 |
This was a proceeding to sell infants' lands, had under 2 Rev. Stat. (Stanton), chap. 86, p. 304. A sale was made, and Read, one of the purchasers, who refused to give bond for the purchase-money, procured an order setting aside the sale as to him. Of this order appellants complain. The grounds relied upon by Read in the circuit court, and upon... |
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Cases |
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| McAllister's Ex'r v. McAllister |
37 Ala. 484, Supreme Court of Alabama (June 01, 1861) |
1861 |
[BILL IN EQUITY BY WIDOW, AFTER ALLOTMENT OF DOWER, FOR RECOVERY OF RENTS, OR MESNE PROFITS.] APPEAL from the Chancery Court of Marengo. Heard before the Hon. WADE KEYES. |
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Cases |
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| McCaleb v. Douglass |
16 La.Ann. 327, Supreme Court of Louisiana (May 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Tensas, Farrar, J. |
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Cases |
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| McCurdy v. Terry |
33 Ga. 49, Supreme Court of Georgia (August 01, 1861) |
1861 |
1. A party, plaintiff or defendant, may begin at either end of his testimony, upon the assurance of counsel, that he expects to supply all the links in the testimony necessary to make out his case. 2. When a case is in the last resort, testimony taken by interrogatories and commissions, can only be objected to on the ground of irrelevancy. 3. In a... |
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Cases |
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| McDougald v. Maddox |
32 Ga. 63, Supreme Court of Georgia (January 01, 1861) |
1861 |
1. When a guardian is charged by his former ward with being guilty of devastavit, and he has given different bonds, with additional or different securities, in the course of his guardianship; a bill may be filed against the guardian and the different sets of securities, praying a discovery of the amount of the devastavit and the time when it... |
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Cases |
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| McKee's Adm'rs v. McKee's Adm'rs |
16 Md. 516, Court of Appeals of Maryland (January 23, 1861) |
1861 |
Parol evidence of the seizure and sale of personal property, by a sheriff, is incompetent to show title in the purchaser, unless the execution under which the sale was made is produced or its absence accounted for. Where a judgment in favor of the plaintiff is affirmed on the defendant's appeal, a procedendo will not be issued, in order to enable... |
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Cases |
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| McKnight v. Wright |
12 Rich.Eq. 229, Court of Appeals of South Carolina (May 01, 1861) |
1861 |
Where a will is proved in common form and afterwards is proved in solemn form, but on appeal is set aside by the verdict of a jury, the executor is entitled to be reimbursed out of the estate all his expenses and costs up to the time of the rendition of the verdict; the costs of an appeal which is dismissed he will not be allowed. |
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Cases |
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| McLeod v. Dell |
9 Fla. 451, Supreme Court of Florida (January 01, 1861) |
1861 |
The bill in this case was filed in the Circuit Court of Alachua county, by Ferdinand McLeod, as administrator on the estate of Amos L. Dell, deceased, against Philip Dell, as executor of the last will and testament of William Dell, deceased. The bill sets forth, in substance, that the testator, William Dell, departed this life some time in the year... |
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Cases |
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| McLeod v. Dell |
9 Fla. 427, Supreme Court of Florida (January 01, 1861) |
1861 |
1. The opinion of the Chancellor delivered in the court below, forms no part of the record of the case, and cannot be read or referred to in the Supreme Court. 2. The rule which accords to the interpretation of words occurring in a will, greater indulgence than when used in a deed, must be taken with this qualification, that such indulgence is to... |
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Cases |
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| McMurphy v. Bell |
16 La.Ann. 369, Supreme Court of Louisiana (November 01, 1861) |
1861 |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
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Cases |
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| McNeill v. Arnold |
22 Ark. 477, Supreme Court of Arkansas (January 01, 1861) |
1861 |
An instruction is not abstract if there be any evidence from which the jury might infer the existence of the fact supposed: and, in such case, this court will not decide whether the evidence be sufficient to warrant the jury in so finding. Deed of conveyance to a trustee for the benefit of the wife of a third person during life, then to her... |
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Cases |
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| McRae v. His Creditors |
16 La.Ann. 305, Supreme Court of Louisiana (May 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Point Coupee, Farrar, J. |
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Cases |
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| McWhorter v. Donald |
10 George 779, High Court of Errors and Appeals of Mississippi (October 01, 1861) |
1861 |
1. EXECUTOR AND ADMINISTRATOR: PROBATE OF CLAIMS.-The probate of a claim against a decedent, if not made upon the affidavit of the creditor in the form required by law, is void, and is not therefore a sufficient voucher for its payment by the administrator. 2. SAME: SAME.-A party paying a debt due by a decedent in his lifetime cannot, without... |
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Cases |
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| McWilliams v. Falcon |
6 Jones Eq. 235, Supreme Court of North Carolina (June 01, 1861) |
1861 |
The general rule, according to the English authorities, is to allow a pecuniary legatee interest after the expiration of one year. There are, however, many exceptions. Among others, where the money is given as a portion to a child, or one to whom the testator stood in loco parentis; or for whose support it was intended to make provision. In such... |
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Cases |
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| Mehle v. Lapeyrollerie |
16 La.Ann. 4, Supreme Court of Louisiana (January 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Jefferson, Burthe, J. |
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Cases |
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| Merrill v. Rhodes |
37 Ala. 449, Supreme Court of Alabama (January 01, 1861) |
1861 |
[CONTEST AMONG DISTDIBUTEES RESPECTING ADVANCEMENTS.] APPEAL from the Probate Court of Covington. |
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Cases |
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| Mims v. Lockett |
33 Ga. 9, Supreme Court of Georgia (June 01, 1861) |
1861 |
This was a bill filed by Abner M. Lockett against Needham Mims, Thomas N. Mims, and William Holmes, sheriff of Bibb County, for specific performance and injunction. The facts alleged in the bill are, that the complainant intermarried with the daughter of the defendant, Needham Mims, in the year 1849; that at, and previous to, the intermarriage, he,... |
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Cases |
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| Mitchell v. Moore |
16 Gratt. 275, Supreme Court of Appeals of Virginia (April 23, 1861) |
1861 |
(Absent ALLEN P. ) 1. A deed of marriage settlement will not divest the marital rights of the husband to a greater extent than the terms of the deed clearly require. 2. A deed of marriage settlement, settling the wife's property, provides that the wife dying in the life time of her husband may dispose of the property by deed or will; but does not... |
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Cases |
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| Monday v. State |
32 Ga. 672, Supreme Court of Georgia (June 01, 1861) |
1861 |
1. The only questions to be propounded to a juror on trial for competency, are those prescribed by the Act of 1851. 2. A juror having conscientious scruples as to capital punishment is incompetent to try a case involving capital punishment. 3. Declarations of the prosecutor, the person on whom the assault was made, at or immediately after the... |
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Cases |
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| Monk v. Beal |
2 Allen 585, Supreme Judicial Court of Massachusetts (January 01, 1861) |
1861 |
Under an order as follows: Mr. J. M.: Please forward to the address or order of H. B. such number of your New American Map as he may from time to time order, and charge the same to us at your usual price, for which we, or either of us, promise to pay you on demand. H. B., A. B.; the latter is liable as an original debtor for maps... |
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Cases |
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| Montgomery v. Morris |
32 Ga. 173, Supreme Court of Georgia (January 01, 1861) |
1861 |
1. Testimony of a witness, taken by interrogatories, is not obnoxious to the Act of 21st February, 1850, To regulate the testimony of Attorneys at law, when it does not appear to the Court that the witness was the attorney-at-law of the party against whom the evidence is sought to be used, or that the facts testified to were acquired... |
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Cases |
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| Moren v. McCown |
23 Ark. 93, Supreme Court of Arkansas (January 01, 1861) |
1861 |
The probate court has the exclusive right to grant letters of administration on estates of deceased persons, etc., and make settlements with administrators, which shall be final, unless upon a charge of fraud, made in chancery and supported by affidavit; and a court of equity has no power to withdraw from the probate court the administration of the... |
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Cases |
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