| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Walker v. Walker |
14 Ohio St. 157, Supreme Court of Ohio (December 01, 1862) |
1862 |
1. A joint will is unknown to the testamentary law of this state, and is inconsistent with the policy of its legislation. And where a husband and wife, each being the separate owner of property, join in the execution of an instrument in the form of a will, and treating the separate property of each as a joint fund, bequeathed legacies and devised... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Walls v. Garrison |
33 Ga. 341, Supreme Court of Georgia (August 01, 1862) |
1862 |
The dispositive words in the will of Pue Bird are, I give and bequeath to my beloved wife, Mary Bird, the whole of the balance of my estate; * * and should my wife, Mary, die, without a natural heir of her body, it is my will and desire that the whole of my estate go to my brother, William B. Bird. Upon the death of Mary Bird, leaving no lineal... |
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Cases |
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| White v. Hugh Lynch & Co. |
26 Tex. 195, Supreme Court of Texas (January 01, 1862) |
1862 |
The affidavit for the writ of garnishment alleged that the garnishee is indebted to said defendant, or has in his hands effects of said defendant; the garnishee excepted to the affidavit for the reasons that it was double and that it was in the alternative; held, that the exceptions were properly overruled. [22 Tex. 206.] Lumber sawed... |
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Cases |
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| Williams v. Hatch |
38 Ala. 338, Supreme Court of Alabama (January 01, 1862) |
1862 |
[BILL IN EQUITY FOR REFORMATION OF MORTGAGE.] APPEAL from the Chancery Court of Choctaw. Heard before the Hon. M. J. SAFFOLD. |
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Cases |
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| Williams v. Pearson |
38 Ala. 299, Supreme Court of Alabama (January 01, 1862) |
1862 |
[BILL IN FQUITY AGAINST EXECUTOR AND GUARDIAN FOR ACCOUNT AND SETTLEMENT OF ESTATE.] APPEAL from the Chancery Court of Pickens. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Wolff v. Wohlien |
32 Mo. 124, Supreme Court of Missouri (March 01, 1862) |
1862 |
It appears from the record that, in August, 1842, Diederich Wohlien died seized of three and a half acres of land in commons of St. Louis--the property in controversy--leaving a widow, Ann Wohlien and one child (the respondent, L. Rudolph Wohlien,) his only heir. Soon thereafter, his widow and the appellant Wolff were appointed the administrators... |
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Cases |
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| Woodcock v. Bowman |
4 Met. 40, Court of Appeals of Kentucky (June 24, 1862) |
1862 |
1. The statute authorizing the sale of the real estate of infants must be strictly complied with. The report of the commissioners appointed to appraise the estate of the infants must be full and explicit on all the matters which, by the statute, they are required to ascertain and report to the court. Without this the court has no jurisdiction to... |
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Cases |
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| Woodworth v. Spring |
4 Allen 321, Supreme Judicial Court of Massachusetts (September 01, 1862) |
1862 |
The child, whose custody is in controversy in this case, is legally domiciled in the State of Illinois. That was his domicil of origin; and as he has had, hitherto, no legal capacity to acquire a new one, and as the guardian appointed in the place of his origin has never intended to change the domcil of his ward, that of his birth still continues.... |
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Cases |
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| Yeaker's Heirs v. Yeaker's Heirs |
4 Met. 33, Court of Appeals of Kentucky (June 23, 1862) |
1862 |
1. An alien can not inherit land in this State. (Hardin, 61; 2 Met. 187.) But an alien friend, residing in this State two years, is entitled to receive, hold, and pass any right to land within the Commonwealth during the continuance of his residence after that period. (1 Stat. Law, 112; 1 Rev. Stat. 239.) 2. Treaties take effect, as to the... |
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Cases |
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| Allen v. Atchison |
26 Tex. 616, Supreme Court of Texas (January 01, 1863) |
1863 |
The administratrix, having obtained an order of the probate court for the sale of the personal property of the estate, sold the same upon a credit, retaining a lien on the property for the purchase money, but without personal security, which sale was confirmed by the probate court, whose order of confirmation directed the administratrix to retain... |
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Cases |
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| Baily v. Trammell |
27 Tex. 317, Supreme Court of Texas (January 01, 1863) |
1863 |
In view of the facts disclosed by the record in this case, it cannot be said that the court erred in excluding the parol testimony of the contents of the assignment, alleged to have been made by Jarret and Amanda J. Trammell to Henry Trammell. There was no necessity for the defendants making Henry Trammell a party to the suit. Their defense could... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Baker v. Stonebraker |
34 Mo. 172, Supreme Court of Missouri (October 01, 1863) |
1863 |
This was a suit upon a judgment rendered by a court of record of the State of Maryland. The suit there was docketed in the name of George McCullough, use of John Baker, use of Thomas H. Fowler and Samuel J. Rogers, and judgment given for the plaintiff. Experts in the law and practice of the courts of Maryland proved that such an entry on the... |
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Cases |
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| Beene's Adm'r v. Collenberger |
38 Ala. 647, Supreme Court of Alabama (January 01, 1863) |
1863 |
[SETTLEMENT OF INSOLVENT ESTATE--CONTEST AMONG CREDITORS.] APPEAL from the Probate Court of Dallas. |
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Cases |
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| Bevins v. Cline's Adm'r |
21 Ind. 37, Supreme Court of Indiana (November 01, 1863) |
1863 |
Suit by John Prather, administrator of the estate of Eliza J. Cline, deceased, against the makers of a note of the following tenor: $800. On the 25th day of December, 1855, we promise to pay Eliza J. Cline eight hundred dollars, waiving relief laws of Indiana, for value received, this June 29th, 1854. C. BEVINS, L. H. SHUMWAY. The defendant... |
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Cases |
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| Billingslea v. Henry |
20 Md. 282, Court of Appeals of Maryland (November 12, 1863) |
1863 |
The Orphans' Court should have allowed the interest claimed by the executor on the balance due him at the passage of his former account. Watkins vs. Dorsett, 1 Bl. Ch. Rep., 530. Williams vs. Sherman, 7 Wend., 109. Walden vs. Sherburne, 15 Johns. R., 409. Dodge vs. Perkins, 9 Pick., 368. Thomas, Adm'r of Bradley vs. Fredk. Co. School, 9 G. & J.,... |
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Cases |
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| Broadhead v. Jones |
39 Ala. 96, Supreme Court of Alabama (June 01, 1863) |
1863 |
[ACTION ON PROMISSORY NOTE, BY ASSIGNEE AGAINST MAKER.] APPEAL from the Circuit Court of Bibb. Tried before the Hon. PORTER KING. |
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Cases |
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| Broadwell v. Broadwell's Adm'r |
4 Met. 290, Court of Appeals of Kentucky (July 02, 1863) |
1863 |
Sterlin E. Broadwell made the following will in 1848: LEXINGTON, December 30, 1848. The breaking out of the cholera is hourly anticipated in our city, and, not knowing who may be the first victims to the fatal disease, I prepare this, my last will and testament, for the benefit of my dear wife, Drusilla C. Broadwell. I do give and bequeath to my... |
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Cases |
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| Camfield v. Patterson |
33 Ga. 561, Supreme Court of Georgia (July 01, 1863) |
1863 |
1. In habeas corpus, where the applicant alleges imprisonment by the defendant, under a specified claim of authority and an exemption in law, by reason of certain stated facts; and the respondent asserts the authority, and admitting the facts stated, denies the legal exemption set up, there arises a simple issue of law, which must be tried upon the... |
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Cases |
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| Cecil v. Cecil |
20 Md. 153, Court of Appeals of Maryland (October 09, 1863) |
1863 |
The appeal in this case was taken from a judgment of the Orphans' Court for Baltimore City, upon the petition of the appellants, in which he alleges that the appellees had received from his and their father William Cecil, deceased, the money and other property mentioned in the petition. The appellant insists, that the same was received by the... |
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Cases |
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| Chaires v. Chaires |
10 Fla. 308, Supreme Court of Florida (January 01, 1863) |
1863 |
1. The statute law of Florida invests the Court of Chancery with exclusive jurisdiction over matters of divorce, and, as to incidental that jurisdiction, the power to allow alimony in all cases where a divorce is decreed. 2. The 10th paragraph of the 3d section of the Act (Thomp. Dig., 223) is to be considered as supererogatory, and as imposing no... |
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Cases |
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| Chrisman v. Bruce |
1 Duv. 63, Court of Appeals of Kentucky (February 01, 1863) |
1863 |
1. See the opinion for a statement of the facts held sufficient to subject a judge of an election to damages for unlawfully refusing to receive the vote of a qualified elector. 2. The motive and intent with which an act is done is a matter of presumption, depending on the nature of the act and the circumstances attending its commission. (1... |
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Cases |
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| Clark v. Southern Pac. R. Co. |
27 Tex. 100, Supreme Court of Texas (January 01, 1863) |
1863 |
It is not necessary for us to determine whether Butler, the witness offered by appellant, had such an interest, previous to the release executed by him after he was first rejected by the court, as disqualified him from testifying in the cause. If he was previously incompetent, he did not remain so after he executed the release. By it, he parted... |
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Cases |
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| Cohen v. Wright |
22 Cal. 293, Supreme Court of California (July 01, 1863) |
1863 |
THE Act of April 25th, 1863, requiring attorneys at law and litigants to file affidavits of allegiance to the Government of the United States as therein prescribed, is constitutional. Sec. 3 of Article 11 of the Constitution, containing the form of oath to be administered to State officers, does not prohibit the Legislature from prescribing an oath... |
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Cases |
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| Com. v. Gane |
3 Grant 447, Supreme Court of Pennsylvania (January 01, 1863) |
1863 |
In cases of imprisonment under Federal authority, not judicial, the State and Federal courts have concurrent jurisdiction. HABEAS CORPUS. This is a writ of habeas corpus addressed to Uriah Gane, allowed and issued June 15th, 1863, upon the petition of Abraham Bressler, setting forth that he was held in custody by one Uriah Gane; that he was... |
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Cases |
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| Cook v. Ellington |
6 Jones Eq. 371, Supreme Court of North Carolina (June 01, 1863) |
1863 |
In cases of this kind, very little aid is to be derived from the books, except in regard to the general principles which have been established, for all depends upon intention, and no two wills are ever precisely alike: although the meaning may be the same, there will be a difference in the words used, and a difference in the relations of the... |
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Cases |
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| Coquillard's Adm'r v. Bearss |
21 Ind. 479, Supreme Court of Indiana (November 01, 1863) |
1863 |
Action by the appellant against the appellees, based upon the following letter: Peru, September 29, 1849. Mr. A. Coquillard--SIR: Your letter of the 13th instant was received several days since, in which you propose making a trial to collect the claims against the Pottawotamie Indians allowed by Gen. Mitchell. I consulted my brother, Ephraim... |
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Cases |
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| Cowles & Ledyard v. Andrews |
39 Ala. 125, Supreme Court of Alabama (June 01, 1863) |
1863 |
[PETITION FOR APPLICATION OF MONEY IN COURT.] APPEAL from the Chancery Court at Montgomery. Heard before the Hon. N. W. COCKE. |
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Cases |
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| Cox v. Cummings |
33 Ga. 549, Supreme Court of Georgia (July 01, 1863) |
1863 |
1. The questions, what is just compensation under the Confederate Constitution; how and when it is to be ascertained; and how, when and in what paid; considered. 2. The Impressment Acts, and the mode prescribed therein, for making just compensation for private property taken for public use, discussed. 3. The schedule of prices fixed by the Board of... |
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Cases |
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| Dahoney v. Hall |
20 Ind. 264, Supreme Court of Indiana (May 01, 1863) |
1863 |
This suit was instituted by the appellant, who was the plaintiff, against John R. Hall and James M. Safford, to compel the specific performance of a contract for the conveyance of real estate. The following are the facts alleged in the complaint: On the 2d of April, 1855, John R. Hall agreed that if the plaintiff (then Eleanor Hall, and unmarried)... |
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Cases |
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| Delaware & Raritan Canal Co. v. Camden & Atlantic Railroad Co. |
16 N.J. Eq. 321, Court of Chancery of New Jersey (October 01, 1863) |
1863 |
1. The restraining power of a court of equity is exercised for the protection of rights, the existence of which are clearly established, and so far only as may be essential for the protection of those rights. 2. The phraseology of the clause under which the exclusive privileges are claimed by the complainants, it shall not be lawful,... |
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Cases |
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| Dole v. Merchants' Mut. Marine Ins. Co. |
51 Me. 465, Supreme Judicial Court of Maine (January 01, 1863) |
1863 |
When a portion of the subjects of a civil government have rebelled, established another government, and resorted to a??ms to maintain it, and the rebellion is of such magnitude that the military and naval forces have been called out to suppress it, the fact that such rebels are robbers on the land, and pirates on the sea, does not preclude them... |
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Cases |
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| Draper v. Cambridge |
20 Ind. 268, Supreme Court of Indiana (May 01, 1863) |
1863 |
Complaint by the appellee against the appellant for a writ of mandate. Demurrer to the complaint overruled and exception. Such further proceedings were had as that final judgment was rendered for the plaintiff. Among the errors assigned, is that of overruling the demurrer to the complaint; which is as follows: The plaintiff complains of the... |
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Cases |
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| Duane v. Goodall |
7 F.Cas. 1132, District Court, ND California (March 07, 1863) |
1863 |
This was a libel by Charles P. Duane against Charles Goodall. |
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Cases |
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| Dunn v. Dunn |
11 Mich. 284, Supreme Court of Michigan (May 20, 1863) |
1863 |
Upon the hearing of this cause originally, the Circuit Court, not being able to determine the facts from the evidence, directed an issue to try and determine whether the acts of adultery set up in the answer had been committed. An issue was framed by the judge and heard before a jury where he presided, and their verdict was returned with his... |
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Cases |
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| Earle v. Washburn |
7 Allen 95, Supreme Judicial Court of Massachusetts (January 01, 1863) |
1863 |
A legal and equitable estate are not merged by being united in the same person, if justice requires that they shall be kept separate. If land is held by trustees for the use of a religious society, with authority to convey the same to the society whenever they shall believe such a step to be judicious and useful, and the trustees accordingly convey... |
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Cases |
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| Ex parte Hill |
38 Ala. 429, Supreme Court of Alabama (January 01, 1863) |
1863 |
[APPLICATION FOR PROHIBITION TO PROBATE JUDGE.] |
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Cases |
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| Ex parte Hill |
38 Ala. 458, Supreme Court of Alabama (January 01, 1863) |
1863 |
[APPLICATION FOR PROHIBITION TO PROBATE JUDGE.] [APPLICATION FOR MANDAMUS IN MATTER OF HABEAS CORPUS.] |
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Cases |
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| Ex parte Vallandigham |
68 U.S. 243, Supreme Court of the United States (December 01, 1863) |
1863 |
THIS case arose on the petition of Clement L. Vallandigham for a certiorari, to be directed to the Judge Advocate General of the Army of the United States, to send up to this court, for its review, the proceedings of a military commission, by which the said Vallandigham had been tried and sentenced to imprisonment; the facts of the case, as derived... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Ex parte Vallandigham |
28 F.Cas. 874, Circuit Court, SD Ohio (May 16, 1863) |
1863 |
This was a petition for a writ of habeas corpus by Clement L. Vallandigham, a citizen of Ohio, alleging that he was unlawfully arrested at his home in Dayton, Ohio, on the night of the 5th of May, 1863, by a detachment of soldiers of the army of the United States, acting under the orders of Ambrose E. Burnside, a major general in the army of the... |
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Cases |
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| Finn v. Hempstead |
24 Ark. 111, Supreme Court of Arkansas (June 01, 1863) |
1863 |
An admission made by a guardian for infants in one suit cannot be used against them in another. Crosby died leaving a will whereby he devised his whole estate to Finn, who was made sole executor thereof; Finn having qualified as such executor, the will was set aside by a proceeding at law, and the administrator and heirs of Crosby filed a bill... |
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Cases |
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| Gault v. Humes |
20 Md. 297, Court of Appeals of Maryland (December 07, 1863) |
1863 |
The cause of action as alleged in the nar. in this case, is, that the plaintiff was seized of a lot of ground and premises on the north side of Lexington street, in the City of Baltimore, immediately adjoining and bounding on a lot of ground belonging to and owned by the defendant, and while the plaintiff was so seized and possessed, the defendant... |
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Cases |
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| Gelpcke v. City of Dubuque |
68 U.S. 175, Supreme Court of the United States (December 01, 1863) |
1863 |
THE Constitution of the State of Iowa, adopted in 1846, contains the following provisions, to wit: ART. 1. § 6. All laws of a general nature shall have a uniform operation. ART. 3. § 1. The legislative authority of the State shall be vested in a Senate and House of Representatives, which shall be designated the General Assembly of the State of... |
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Cases |
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| Graves v. Hall |
27 Tex. 148, Supreme Court of Texas (January 01, 1863) |
1863 |
The general principle that a party having an interest in the subject matter in litigation between other parties may intervene in such suit, for the purpose of ascertaining and protecting his interest, is a well settled rule of practice. The fact that the property or fund to which the intervenor sets up a claim has been placed by an order of court... |
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Cases |
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| Griffin v. Leslie |
20 Md. 15, Court of Appeals of Maryland (May 05, 1863) |
1863 |
In this case, the defendant, the appellant, was returned Summoned to the January Term 1859, which began on the second Monday of that month. He appeared by attorney, and on the 14th of January filed a suggestion in writing, supported by affidavit, that a fair and impartial trial could not be had in the Court where the suit was depending. On 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. |
| Griffin v. Wilcox |
21 Ind. 370, Supreme Court of Indiana (November 01, 1863) |
1863 |
The following general order was issued: HEADQUARTERS DISTRICT OF INDIANA AND MICHIGAN, Indianapolis, June 8, 1863. Capt. Wilcox, Provost Marshal, Indianapolis: Captain: You will at once issue an order prohibiting the sale of liquor, by any party, to enlisted men. This order must be rigidly enforced. Any one violating it will be severely... |
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Cases |
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| Grooms v. Rust |
27 Tex. 231, Supreme Court of Texas (January 01, 1863) |
1863 |
The possession of personal property is prima facie evidence of title, and will, assuredly, support an action for its recovery against a wrongdoer. In cases of bailment for hire, the question of title is not usually a matter of importance; the bailee cannot resist an enforcement of the contract merely by proof that the title of the property was not... |
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Cases |
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| Hardaway v. Semmes |
38 Ala. 657, Supreme Court of Alabama (January 01, 1863) |
1863 |
[BILL IN EQUITY FOR FORECLOSURE OF MORTGAGE AND INJUNCTION OF ATTACHMENT CREDITORS.] APPEAL from the Chancery Court of Russell. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Henry v. State |
33 Ga. 441, Supreme Court of Georgia (January 01, 1863) |
1863 |
1. In criminal trials, when a juror is on trial for competency, it is no error for the Court to explain the meaning of the questions put to him. 2. Nor is it error for the Court to sift the juror to ascertain that he has a correct understanding of the questions put to him or the effect of his answers to these questionsbut the statutory... |
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Cases |
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| Holliman v. Carroll's Adm'rs |
27 Tex. 23, Supreme Court of Texas (January 01, 1863) |
1863 |
The sureties on the official bond of a sheriff are liable for a trespass committed by the sheriff in taking, under valid process of execution, the property of a person who was not a party to the writ. If the sheriff had taken the property without any process, his sureties, it seems, would not be liable. Error from Jasper. Tried below before the... |
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Cases |
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| Holman v. Hopkins |
27 Tex. 38, Supreme Court of Texas (January 01, 1863) |
1863 |
The only question presented by the record is whether the will of Mrs. Holman, executed in Virginia, the place of her domicile, according to the laws of this state, though it may be not according to the law of Virginia, should be admitted to probate. It is now the well settled doctrine, that the law of the actual domicile of a testator is to govern... |
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Cases |
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