| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| State v. Judge of Second Dist. Ct. of New Orleans |
16 La.Ann. 390, Supreme Court of Louisiana (December 01, 1861) |
1861 |
Appeal from the Second District Court of New Orleans, Bermudez, J. |
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Cases |
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| State v. Karn |
16 La.Ann. 183, Supreme Court of Louisiana (March 01, 1861) |
1861 |
Appeal from the District Court of the Parish of East Feliciana, McVea, J. |
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Cases |
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| State v. Lauglin |
8 Jones (NC) 354, Supreme Court of North Carolina (June 01, 1861) |
1861 |
The bill of exceptions presents for consideration two questions, both of which are of great importance to the community, as well as to the prisoner. The first is, whether the wilful and malicious setting fire to the house of another, the burning of which is only a misdemeanor, will become a capital felony, if a dwelling-house or barn with grain in... |
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Cases |
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| State v. Schoolfield |
29 Tex. 501, Supreme Court of Texas (January 01, 1861) |
1861 |
The 482d article of the code of criminal procedure divides exceptions to an indictment into those of form and those of substance. Pas. Dig. art. 2949, note 733. And it is not contemplated that a general demurrer or exception which does not notify the court whether the defect of the indictment is one of form or of substance shall be heard. Although... |
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Cases |
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| Stein v. State |
37 Ala. 123, Supreme Court of Alabama (January 01, 1861) |
1861 |
[INDICTMENT AGAINST LESSEE OF CITY WATER-WORKS.] FROM the Circuit Court of Baldwin. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Sterrett's Ex'r v. Kaster |
37 Ala. 366, Supreme Court of Alabama (January 01, 1861) |
1861 |
[TRESPASS FOR INJURIES TO PERSONAL PROPERTY.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. NAT. COOK. |
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Cases |
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| Stewart v. Harper |
16 La.Ann. 181, Supreme Court of Louisiana (March 01, 1861) |
1861 |
Appeal from the District Court of the Parish of St. Tammany, Wilson, J. |
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Cases |
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| Stone v. Stillwell |
23 Ark. 444, Supreme Court of Arkansas (December 01, 1861) |
1861 |
Where property or money belonging to an intestate in his lifetime, comes to the hands of his administrator, and he holds it as such at the time of making his final settlement, and yet fails to charge himself with, or account for it; the settlement is fraudulent, according to the principles settled in Ringgold v. Stone et al. (20 Ark. 526.) The... |
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Cases |
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| Succession of Pratt |
16 La.Ann. 357, Supreme Court of Louisiana (June 01, 1861) |
1861 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Succession of Talbert |
16 La.Ann. 230, Supreme Court of Louisiana (April 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Tensas, Farrar, J. |
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Cases |
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| Sullivan v. Hugly |
32 Ga. 316, Supreme Court of Georgia (March 01, 1861) |
1861 |
1. A witness will not be permitted to prove the opinions of others on any question. 2. Where the verdict is against the issue of adulterine bastardy, this Court will not disturb the finding, unless a case of plain, natural impossibility has been made out by the evidence. In equity, in Monroe Superior Court. Amos Hugly and his wife Caroline had born... |
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Cases |
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| Templeton v. Levee Com'rs |
16 La.Ann. 117, Supreme Court of Louisiana (February 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Carroll, Farrar, J. |
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Cases |
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| The Arcola |
24 F.Cas. 849, District Court, D Maryland (October 01, 1861) |
1861 |
In admiralty. |
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Cases |
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| The Augusta |
24 F.Cas. 892, District Court, SD New York (September 01, 1861) |
1861 |
In admiralty. |
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Cases |
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| The Parkhill |
18 F.Cas. 1187, District Court, ED Pennsylvania (July 23, 1861) |
1861 |
In admiralty. |
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Cases |
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| The Reindeer |
2 Cliff. 57, Circuit Court, D Rhode Island (November 01, 1861) |
1861 |
Appeal from the district court of the United States for the district of Rhode Island. This was a libel of information filed by the district attorney, in behalf of the United States, and claiming forfeiture of the vessel. It was founded on the first section of the act of March 22, 1794, the first section of the act of May, 1800 [2 Stat. 70], and the... |
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Cases |
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| The Sarah Starr |
Blatchf. Prize Cas. 69, District Court, SD New York (November 01, 1861) |
1861 |
In admiralty. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| The Tropic Wind |
Blatchf. Prize Cas. 64, District Court, SD New York (November 01, 1861) |
1861 |
This vessel, her equipments, and lading, were seized in Hampton Roads, near Fortress Monroe, on the 25th of July last, by order of Major General Butler, of the United States army, commanding at Fortress Monroe, the schooner then lying near that fortress. The vessel was sent to this port upon that seizure, and was here libelled, August 5, as prize,... |
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Cases |
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| The William Arthur |
3 Ware 276, District Court, D Maine (October 01, 1861) |
1861 |
In admiralty. |
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Cases |
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| Thomas v. Barker |
37 Ala. 392, Supreme Court of Alabama (January 01, 1861) |
1861 |
[ACTION FOR BREACH OF SPECIAL CONTRACT.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Cases |
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| Tongue's Lessee v. Nutwell |
17 Md. 212, Court of Appeals of Maryland (June 26, 1861) |
1861 |
This is an action of ejectment, brought by the appellant against the appellee, in the circuit court for Anne Arundel county. The appellant declared for a tract of land called Holly Hill Farm, lying in Anne Arundel county, and also in another count for an undivided moiety of the same land. He set out his pretensions in his nar., by metes and... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| U.S. v. Gordon |
5 Blatchf. 18, Circuit Court, SD New York (November 08, 1861) |
1861 |
This was an indictment against the defendant [Nathaniel Gordon], under the 5th section of the act of May 15, 1820 (3 Stat. 601), for forcibly confining and detaining, on the 8th of August, 1860, on waters within the admiralty and maritime jurisdiction of the United States, and within the jurisdiction of this court, and out of the limits of any... |
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Cases |
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| U.S. v. Sutter |
Hoff.Dec. 27, District Court, ND California (June 10, 1861) |
1861 |
This cause comes up on objections to survey filed on the part of the United States and of various purchasers under [John A.] Sutter, who have intervened in the proceeding, under the act of 1860. The boundaries of the land confirmed to the claimant are described in the decree of the board as follows: On the south by a line drawn due east from the... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| U.S. v. Westervelt |
5 Blatchf. 30, Circuit Court, SD New York (November 13, 1861) |
1861 |
This was an indictment founded on the fourth and fifth sections of the act of congress of May 15, 1820 (3 Stat. 600), entitled An act to continue in force An act to protect the commerce of the United States and punish the crime of piracy, and also to make further provisions for punishing the crime of piracy.' The defendant... |
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Cases |
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| Van Bibber v. Frazier |
17 Md. 436, Court of Appeals of Maryland (October 29, 1861) |
1861 |
In ejectment by one tenant-in-common against another, the defendant, if he wishes to deny ouster, must not enter into the general consent rule, but apply, on affidavit, for a special rule to confess lease, entry and not ouster. Where a tenant-in-common enters upon land held in common, his entry is rightful, his possession is lawful, and his acts of... |
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Cases |
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| Vaughan v. Dean |
32 Ga. 502, Supreme Court of Georgia (March 01, 1861) |
1861 |
1. In a suit against a conditional acceptor of an order for the payment of money, any testimony showing that the drawer had assets in the hands of such acceptor or a right to make the order, is admissible on the trial as evidence against such acceptor. 2. M., as one of the heirs-at-law of A., deceased, drew an order in favor of D. on V., the... |
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Cases |
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| Wagaman v. Byers |
17 Md. 183, Court of Appeals of Maryland (May 28, 1861) |
1861 |
This was an action for slander, instituted in the circuit court for Washington county, by the appellant against the appellee. The alleged slander consisted in charging the appellant with adultery. After the evidence had been submitted to the jury, the appellee's counsel prayed the court to instruct the jury that the charge, if proved as alleged, is... |
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Cases |
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| Walker v. Watson |
32 Ga. 264, Supreme Court of Georgia (January 01, 1861) |
1861 |
The property in dispute was conveyed by deed to the plaintiff, in the Court below, for the use of Willis M. Watson, a minor and an orphan, with a limitation over, in the event of the said Willis M. dying without child or children. The plaintiff in error, (defendant below,) is the guardian of the usee, and in that character held the property,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Walpole v. Renfroe |
16 La.Ann. 92, Supreme Court of Louisiana (January 01, 1861) |
1861 |
Appeal from the District Court of the Parish of Caddo, Creswell, J. |
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Cases |
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| Waring v. Zunts |
16 La.Ann. 49, Supreme Court of Louisiana (January 01, 1861) |
1861 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Watkins v. Quarles |
23 Ark. 179, Supreme Court of Arkansas (January 01, 1861) |
1861 |
James Walker died, in the early part of 1852, leaving a wife, Mary Walker; a daughter, Mary Walker, then wife of Alexander S. Walker; a son, John M. Walker, and a grand-daughter, Emily Sophronia Walker, only surviving child of Crawford Walker, a deceased son of James Walker. A short time before his death James Walker made a will, in which, after... |
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Cases |
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| Weathersby v. Weathersby |
10 George 652, High Court of Errors and Appeals of Mississippi (April 01, 1861) |
1861 |
1. HUSBAND AND WIFE: PROVISION FOR SEPARATION CEASES ON RECONCILIATION.Where a settlement is made by the husband upon the wife, for a permanent separation, a reconciliation and cohabitation afterwards extinquish any future claim of the wife under the settlement, which will not be revived by any subsequent disagreement between the parties.... |
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Cases |
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| Wells v. Mitchell |
10 George 800, High Court of Errors and Appeals of Mississippi (October 01, 1861) |
1861 |
1. PROBATE COURT: PLEADING AND PRACTICE: DEMURRER TO THE WHOLE OF A PETITION SHOULD BE OVERRULED, IF PETITION GOOD IN PART.-If a petition in the Court of Probates be good as to any part of the relief prayed for, a demurrer to the whole petition should not be sustained. 2. EXECUTOR AND ADMINISTRATOR: LIABLE TO ACCOUNT FOR ASSETS LEFT BY HEIR IN HIS... |
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Cases |
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| Whatley v. Strong |
23 Ark. 421, Supreme Court of Arkansas (May 01, 1861) |
1861 |
By a bill preferred on the chancery side of the circnit court of Columbia county, Strong complained of Whatley, that he would not perform a contract which had been made between them in November, 1852, to the effect that Whatley should furnish Strong land warrants, to be located by Strong on lands in Arkansas, as he should think best, but in the... |
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Cases |
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| Whidby v. Lewis |
32 Ga. 472, Supreme Court of Georgia (March 01, 1861) |
1861 |
1. This Court will not reverse judgment of the Superior Court, granting a new trial on the ground that the verdict is contrary to the evidence, unless fully satisfied that such judgment is an improper interference with the province of the jury. Trespass on the case, in Fulton Superior Court. This action was instituted by Susan Whidby against John... |
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Cases |
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| White v. White |
16 Gratt. 264, Supreme Court of Appeals of Virginia (April 23, 1861) |
1861 |
(Absent ALLEN P.) 1. Unless it is impossible to assign to a widow her dower in real estate in specie, a court of equity has no power, under its general jurisdiction, against her will, to decree a sale of the real estate and to provide her a compensation in money in lieu of her dower 2. A widow entitled to dower in the real estate of her deceased... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Williams v. Avery |
38 Ala. 115, Supreme Court of Alabama (June 01, 1861) |
1861 |
[BILL IN EQUITY TO PROTECT WIFE'S SEPARATE ESTATE AGAINST JUDGMENT CREDITORS OF HUSBAND.] APPEAL from the Chancery Court of Randolph. Heard before the Hon. JOHN FOSTER. |
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Cases |
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| Williams v. Ivey |
37 Ala. 244, Supreme Court of Alabama (January 01, 1861) |
1861 |
[ACTION FOR ASSAULT AND BATTERY AND FALSE IMPRISONMENT.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK. |
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Cases |
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| Williams v. Logan |
32 Ga. 165, Supreme Court of Georgia (January 01, 1861) |
1861 |
1. The Act of 30th December, 1847, (Cobb's Digest, 180), requires marriage settlements, or agreements, executed previously to the passage of that Act, to be recorded, after its passage and publication, whether recorded or not. 2. The registration of such conveyances, only, as are required by law to be recorded, operates as constructive notice to... |
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Cases |
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| Williams v. Young |
17 Cal. 403, Supreme Court of California (January 01, 1861) |
1861 |
??HE Homestead Act applies to Mulattoes. The husband or the wife may set up the fact of homestead as a defense to ejectment based upon a Sheriff's deed of the premises, made in pursuance of an execution sale on a judgment at law against the husband--there having been no abandonment of the homestead. Where the lien of the vendor for the purchase... |
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Cases |
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| Williamson v. Lewis |
39 Pa. 9, Supreme Court of Pennsylvania (January 01, 1861) |
1861 |
The plaintiff was committed to prison by the District Court of the United States, for a contempt of court, in refusing to answer to a writ of habeas corpus. And thereupon he applied to the defendant, then Chief Justice of this court, for a writ of habeas corpus, and his petition was refused. The plaintiff regards this as an injury to him, and... |
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Cases |
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| Woodward v. Roane |
23 Ark. 523, Supreme Court of Arkansas (December 01, 1861) |
1861 |
A right of possession of property depending merely upon the statute or municipal regulations of one State, will not, from comity, be recognized in another State when the effect will be to divest rights from its own citizens, or inflict injuries upon them. Appeal from Jefferson Circuit Court. Hon. John C. Murray, Circuit Judge. This suit, an action... |
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Cases |
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| Word v. Mitchell |
32 Ga. 623, Supreme Court of Georgia (May 01, 1861) |
1861 |
When a legacy fails either by lapse or because it is void at law, it falls into the general residuum and passes to residuary legatee, and not to the next of kin. This is the general rule, and there is nothing in this case constituting it an exception thereto. Dawson vs. Clinch, 15 Vesey, 416; Durvur vs. Motteux, 1 Vesey, Sr., 321; Cambridge vs.... |
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Cases |
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| Wyche v. Green |
32 Ga. 341, Supreme Court of Georgia (March 01, 1861) |
1861 |
Plaintiffs in error having filed a bill to have a deed or bill of sale reformed, by correcting an error prejudicial to the rights of themselves and several others, (the brothers and sisters of one of the complainants,) subsequently filed an amendment to the original bill, charging fraud and collusion between the defendant and the brothers and... |
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Cases |
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| York v. Clopton |
32 Ga. 362, Supreme Court of Georgia (March 01, 1861) |
1861 |
1. When a party has once had an opportunity of being heard, and neglects to assert his cause until the judgment of the Court has been made, settling the rights of the parties, he must abide the consequences of his neglect. A Court of Equity cannot relieve him therefrom, even when the judgment is manifestly wrong. 2. The ignorance of the sheriff as... |
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Cases |
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| Applegate v. Murrill |
4 Met. 22, Court of Appeals of Kentucky (June 13, 1862) |
1862 |
See the opinion for a statement of facts in this case adjudged sufficient to bring it within the operation of the act of 1856, prohibiting sales, etc., made by debtors in contemplation of insolvency, and with the design to prefer one or more creditors to the exclusion in whole or in part of others. Appeal from Scott circuit court. Murrill, and... |
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Cases |
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| Ashby v. Woolfolk |
3 Met. 540, Court of Appeals of Kentucky (January 17, 1862) |
1862 |
Under the law in force in 1843, a feme covert had the power, by uniting with her husband in a conveyance, properly acknowledged, to divest herself of any interest in real estate; but she had no power to make contracts respecting any property except land. (5 B. Mon. 81; 1 Met. 235.) Transfer by the husband, in 1843, of the wife's interest in... |
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Cases |
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| Atkinson v. Beall |
33 Ga. 153, Supreme Court of Georgia (January 01, 1862) |
1862 |
1. A purchased the land of B at sheriff's sale, under execution in favor of C. E, the wife of B, (defendant in execution,) filed her bill in Chancery for relief, and enjoining A from prosecuting his writ of possession, alleging a parol agreement, at the time of the marriage between her husband and herself, whereby the land in question, subsequently... |
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Cases |
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| Bell v. Western River Improvement & Wrecking Co. |
3 Met. 558, Court of Appeals of Kentucky (February 03, 1862) |
1862 |
The right to retain possession of attached property, and the distinct right to have the attachment absolutely discharged, are incident to every species of attachment authorized by the Civil Code. In a general attachment, possession may be retained upon executing the bond provided by section 235, the effect of which is to bind the obligors to have... |
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Cases |
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| Bemis v. Becker |
1 Kan. 226, Supreme Court of Kansas (July 01, 1862) |
1862 |
Petition in error to reverse the judgment of the United States district court, sitting in Douglas county for the trial of causes arising under the laws of the late territory of Kansas, November Term, 1860. The original action was brought in the court below, to recover the sum of fifteen hundred dollars, alleged to have been due to the plaintiffs on... |
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Cases |
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