TitleCitationYearSummaryMost RelevantTypeStatus
Rivers v. Rivers' Ex'rs 3 Des. 190, Court of Appeals of Equity of South Carolina (January 01, 1811) 1811 The right of the Court is, beyond all doubt, sufficient to interfere, and even to remodel the estate. But if the party's defendants wish to keep it in the same shape, let them do so; but let justice be done to the wife. The renunciation is to all her possible interests in the estate, real and personal; and guarded the estate of the husband, in case...   Cases  
Roberts v. Jordan 3 Munf. 488, Supreme Court of Appeals of Virginia (January 07, 1811) 1811 The cause was submitted without argument; and the following opinion of this Court was pronounced by Judge Roane, on Thursday, the 7th of January, 1813. The Court is of opinion that the pendency of the suit in the county Court of Amherst, referred to in the answer of the appellee, John Jordan, was no bar to the relief prayed for in the Court...   Cases  
Roberts' Widow v. Stanton 2 Munf. 129, Supreme Court of Appeals of Virginia (April 01, 1811) 1811 1. It is error to enter a decree against infant defendants, without assigning them a guardian ad litem; and though the infancy did not appear in the original proceedings, yet, if it be alleged in a petition for a rehearing, (the decree being interlocutory,) a guardian ad litem ought to be appointed. 2. It is not error in a court of equity to direct...   Cases  
Royall v. Eppes 2 Munf. 479, Supreme Court of Appeals of Virginia (November 07, 1811) 1811 This court is of opinion that, although the case agreed in this cause has not expressly admitted the assent of the surviving executor of Joseph Royall to the legacies bequeathed by his will, and now in question, yet such assent is to be assumed, as between the present parties; as well from the facts agreed in the case, that the widow and son...   Cases  
Royster v. Leake 2 Munf. 280, Supreme Court of Appeals of Virginia (March 01, 1811) 1811 1. A bond from the deputy to the high sheriff, conditioned for the faithful performance of his duty, during his continuance in the office of deputy sheriff, is binding upon him and his sureties, for the second year as well as the first, and until the winding up of the business lawfully committed to him as deputy. 2. Under the 51st section of the...   Cases  
Scott's Ex'r v. Osborne's Ex'r 2 Munf. 413, Supreme Court of Appeals of Virginia (September 25, 1811) 1811 1. A father-in-law having promised his son-in-law that, if he would purchase a certain tract of land, he would assist him in paying for it by letting him have the amount of a particular bond, when collected; and the son-in-law having thereupon made the purchase, this promise was determined to be upon sufficient consideration, and obligatory in law....   Cases  
Shepherd v. Sawyer 2 Mur. 26, Supreme Court of North Carolina (July 01, 1811) 1811 It is submitted to this Court to decide, whether, upon the facts found by the Jury in this case, the Plaintiff be entitled to recover? It is not contended that this case falls within the purview and meaning of any act of Assembly passed in this State, for the purpose of suppressing unlawful gaming; and there can be no doubt, but that the Common Law...   Cases  
Snowden v. Phoenix Ins. Co. 3 Binn. 457, Supreme Court of Pennsylvania (July 22, 1811) 1811 In this case the defendants demurred to the plaintiffs' evidence. The consequence is, that every fact which might have been fairly inferred by the jury, is to be inferred by the court. The defendants' counsel make two points. 1st, That the underwriters are discharged by a deviation from the voyage insured. 2d, That the warranty of American property...   Cases  
Spedden v. State, to Use of Marshall 3 H. & J. 251, Court of Appeals of Maryland (December 01, 1811) 1811 In debt on a guardian's bond, it was held that the accounts of a guardian rendered to, passed and allowed by the orphans court, were not conclusive evidence either on the guardian or his ward, but prima facie evidence only of the balances respectively due by the guardian to his ward at the several times when the accounts were passed and allowed,...   Cases  
Taylor v. Stone 2 Munf. 314, Supreme Court of Appeals of Virginia (March 11, 1811) 1811 In the case of legal rights, the principle caveat emptor properly applies; but equitable rights may be lost by a sale to a bona fide purchaser without notice. THIS was a suit in the late high court of chancery, on behalf of Uriah Stone against John Early, Skelton Taylor, Stephen Pate, John Pate and Anthony Pate. The object of the bill was to be...   Cases  
Temple's Ex'r v. Ellett's Ex'x 2 Munf. 452, Supreme Court of Appeals of Virginia (November 22, 1811) 1811 It seems, that a specific legatee is not a competent witness to disprove the claim of a creditor against the estate of the testator. IN an action of assumpsit in King William county court, on behalf of Robert Temple, executor of Benjamin Temple, against Sarah Ellett, executrix of William Ellett, issue was joined on the plea of non assumpsit...   Cases  
THE ORLEANS NAVIGATION COMPANY v. THE MAYOR, &c. OF NEW ORLEANS. 1 Mart.(o.s.) 269, Superior Court of the Territory of Orleans (April 01, 1811) 1811 This was an action brought to try the right of the corporation of the city of New Orleans, to drain the waters of the city into the bayou St. John, through the canal Carondelet. The city is built on the Mississippi, the banks of which gradually slope from the river, so that the rain water runs from them into a cypress swamp, which lies behind the...   Cases  
Trigg's Adm'rs v. Daniel 2 Bibb 301, Court of Appeals of Kentucky (April 01, 1811) 1811 STEPHEN TRIGG, by his last will, devised his estate to be equally divided between his wife, Mary Trigg, and his three children. That a division should not take place until his eldest son came of age, but the whole to be kept together for the use of the family, unless his wife should marry; on which event he directs a division to be made. The estate...   Cases  
Van Doren v. Staats 3 N.J.L. 887, Supreme Court of Judicature of New Jersey (November 01, 1811) 1811 Action lies not for prize money of a foreign lottery ticket. This was an action of assumpsit, for money had and received to the plaintiff's use. This cause was submitted to the court by an agreement of the parties, on the following facts admitted, and the evidence of several witnesses, detailed at large in the case submitted. It was agreed between...   Cases  
Walters v. Walters 3 H. & J. 201, Court of Appeals of Maryland (June 01, 1811) 1811 I am of opinion that John Walters, under the will of his father Robert Walters, took only an estate for life in the lands in question. The devise to John is general, without words of limitation or perpetuity, and there are no words in the will connected with the devise to John, or relating to the subject matter of it, denoting an intention in the...   Cases  
Waring v. Middleton 3 Des. 249, Court of Appeals of Equity of South Carolina (February 01, 1811) 1811 THE question in this case arises on the will of Miss Judith Wragg, which was executed in the year 1780. She died soon after, unmarried, and without having revoked her will. Among other dispositions of her property she made the following: I leave to my brother, John Wragg, the house and land I have in Charleston, for his life.I...   Cases  
Wells v. Lane 8 Johns. 462, Supreme Court of New York (October 01, 1811) 1811 The rejection of the witnesses offered by the defendant below, to prove the truth of his plea, was erroneous. Though the members of the society of Shakers may be partners in interest, as to their concerns, as a religious community, that copartnership cannot extend to the case of a penalty forfeited by either of the members, for a violation of a...   Cases  
Wells v. Lane 8 Johns. 462 (October 01, 1811) 1811 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  
Williams v. Collins 2 Mur. 47, Supreme Court of North Carolina (July 01, 1811) 1811 Case of guaranty. A. applied to B. to purchase a vessel and cargo, and B, entertaining doubts of his solvency, refused to credit him. A. then got from C. a letter directed to B, in which C. says, A. informs me that he is about bargaining with you for the purchase of a new vessel and cargo: In case you and he should agree, I will guarantee any...   Cases  
Wilmouth v. Patton 2 Bibb 280, Court of Appeals of Kentucky (April 01, 1811) 1811 On contract for delivery of property where no place is expressed, the usual residence of the obligor is the place for performance. Where no place is named, and the property is to be delivered on request, a special request at the obligor's residence must be averred. THIS cause was decided at the fall term, 1809, and a rehearing granted at the...   Cases  
Winston v. Johnson's Ex'rs 2 Munf. 305, Supreme Court of Appeals of Virginia (September 25, 1811) 1811 The court is of opinion, that there is neither any error apparent upon the face of the decree sought to be reviewed, nor any new matter shown in the case before us, which is competent to authorize the bill of review allowed in this case; and is further of opinion that neither the allegation of the appellant that the report of the...   Cases  
Yates v. Lansing 9 Johns. 395, Court for the Correction of Errors of New York (January 01, 1811) 1811 Where the chancellor committed one of the offcers of the Court of Chancery, for malpractice and contempt, and a judge of the Supreme Court, in vacation, on a habeas corpus, discharged the prisoner, and the chancellor afterwards recommitted him for the same cause; it was held that the chancellor was not liable to an action, at the suit of the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Armistead v. Dangerfield 3 Munf. 20, Supreme Court of Appeals of Virginia (November 12, 1812) 1812 The court is of opinion that there is no error in so much of the decree, rendered in this case, as considers the female appellee to have been a pretermitted child of the testator, John Armistead, according to the true construction of the act in such case made and provided; nor in so much thereof as decrees to the appellee, John Dangerfield,...   Cases  
Aston v. Morgan 2 Mart.(o.s.) 336, Superior Court of Louisiana (October 01, 1812) 1812 This suit was brought upon two bonds; one bearing date in 1796, and the other in 1800, and both signed jointly and severally by the defendant, and two others, in the city of Philadelphia. To this demand, the defendant put in a plea of discussion, wherein he alleged that he had signed these two bonds, not as a principal, but as a co-surety with his...   Cases  
Branch's Adm'x v. Booker's Adm'r 3 Munf. 43, Supreme Court of Appeals of Virginia (March 20, 1812) 1812 The general rule, that all persons interested in the division of the same subject ought to be parties in a suit brought by one or more of them, does not apply to the present case: the division here could not be made at one and the same time, in pursuance of the will of the testator, but at the several periods when any one or more of his children...   Cases  
Caldwell v. Whitaker 4 Des. 402, Court of Appeals of Equity of South Carolina (June 01, 1812) 1812 A verdict at law for a very large sum, greatly beyond the value of the property sued for, and intended to coerce the defendant to deliver up the property itself, in order to get rid of the verdict, shall not be enforced, if the defendant offers to deliver up all the property, except a portion carried off by a third person without the fault of the...   Cases  
Carroll's Lessee v. Maydwell 3 H. & J. 292, Court of Appeals of Maryland (December 01, 1812) 1812 N H by his will in 1729, devised as follows, Item I will to my beloved wife, F, my now dwelling plantation called part of M's Lot, and my new plantation called H's Addition, to her and for her use without molestation, during her natural life; and after her decease to my son H, and my daughter M Item, I will to my son H...   Cases  
Com. v. McCaul 1 Va.Cas. 271, General Court of Virginia (June 01, 1812) 1812 THE prisoner was indicted in the Superior Court of law for Henrico county, in April 1812, for the felonious stealing, taking and carrying away from the treasury of the commonwealth, and from the custody of John Preston the treasurer, a large sum of money, to wit, seventeen thousand dollars in bank notes, and seventeen silver crowns of the value of...   Cases  
Com. v. Murray 4 Binn. 487, Supreme Court of Pennsylvania (July 18, 1812) 1812 Under the act of congress authorizing the president of the United States to cause to be engaged certain able seamen, ordinary seamen, and boys, to serve in the navy, an infant who has arrived at years of discretion, and has neither father, master, nor guardian, may make a valid contract to serve according to the act, notwithstanding he has a mother...   Cases  
Dunlap v. Dunlap 4 Des. 305, Court of Appeals of Equity of South Carolina (June 01, 1812) 1812 A will executed in the presence of two subscribing witnesses, is not such an execution under the statute as will pass real estate, although the penner of the will was present at the execution; and a codicil executed in the presence of two subscribing witnesses, one of whom was different from the two witnesses to the will, does not give effect to...   Cases  
Dupree v. McDonald 4 Des. 209, Court of Appeals of Equity of South Carolina (February 01, 1812) 1812 The drawer of a marriage settlement, who swears that he drew the deed according to the instructions he received, shall not be allowed to prove that the object or intention of the deed is different from that which appears on its face: there being no allegation of fraud. In the construction of the deed, the property having been given to the husband,...   Cases  
Ex Parte Lawrence 5 Binn. 304, Supreme Court of Pennsylvania (December 18, 1812) 1812 This court is not bound by the act of 1785 to grant a habeas corpus, where the case has been already heard by another court, upon the same evidence that is suggested to this. It is not expedient to grant it where the case has been once so heard, and the party has a remedy by homine replegiando. It was stated by the counsel, that the case had been...   Cases  
Ex Parte Meason 5 Binn. 167, Supreme Court of Pennsylvania (September 09, 1812) 1812 This is an appeal from the Orphan's Court of Fayette county. The first question is, whether an administrator, having a debt of the nature of simple contract due to him from the intestate, may retain his whole debt, in a case where the assets are not sufficient to pay all debts of a similar nature. This depends on the act of assembly of 1794....   Cases  
Fairfax's Devisee v. Hunter's Lessee 7 Cranch 603, Supreme Court of the United States (February 27, 1812) 1812 Absent. MARSHALL, Ch. J. and WASHINGTON, J. THIS was a writ of error to the Court of appeals of Virginia in an action of ejectment involving the construction of the treaties between Great Britain and the United States, the judgment of the Court of appeals being against the right claimed under those treaties. The state of the facts, as settled by...   Cases  
Fewell v. Collins 1 Tread. 202, Constitutional Court of Appeals of South Carolina (November 01, 1812) 1812 Feme coverts are allowed by the acts, five years after the cause of action is given or accrued. If the cause of action had accrued during coverture, she would have been entitled to the five years; but it accrued during infancy, and the words of the act are, and also excepting any person or persons, that are under the age of twenty-one years, who...   Cases  
Gibson v. White 3 Munf. 94, Supreme Court of Appeals of Virginia (March 06, 1812) 1812 The Court is of opinion, that there is no error in so much of the decree of the Superior Court of Chancery as reverses that of the County Court with costs; but that the residue thereof is erroneous, in this; that, to entitle the appellees to a decree against the appellant, Robert Gibson, they should have proved themselves, in a legal way, to...   Cases  
Gilpin v. Vincent 9 Johns. 219, Supreme Court of New York (August 01, 1812) 1812 The question arising upon this record is, whether George Ferguson was a competent witness for the plaintiff below. He was under no legal obligation to contribute to the expenses of the suit, and had no interest in the event. It depended upon the pleasure of the plaintiff, whether or not he would give the amount of the recovery in the suit, or any...   Cases  
Gilpin v. Vincent 9 Johns. 219 (August 01, 1812) 1812 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  
Glen v. Hodges 9 Johns. 67 (January 01, 1812) 1812 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  
Hopkins v. Fleet 9 Johns. 225 (January 01, 1812) 1812 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  
Hopkirk v. McConico 1 Brock 220, Circuit Court, D Virginia (May 01, 1812) 1812 This suit was brought by James Hopkirk, surviving partner of Spiers, Bowman & Co., of Glasgow, to charge the sureties of Christopher McConico, with the amount collected by McConico, as the agent of the firm, and not paid to them. The bill stated, that on the 13th of December, 1790, there was due to the firm of Spiers, Bowman & Co., in Virginia,...   Cases  
Houston v. Gilbert 3 Brev. 63, Constitutional Court of Appeals of South Carolina (May 01, 1812) 1812 An express warranty of property cannot be fairly construed to intend an exclusion of the natural implied warranty of soundness, &c. Where there has been any fraud in the contract, the plaintiff, in an action of assumpsit, may recover upon an express, and also upon an implied, warranty; but the declaration must contain a count, stating the warranty,...   Cases  
Hutchinson v. Kellam 3 Munf. 202, Supreme Court of Appeals of Virginia (March 31, 1812) 1812 These were actions of trespass quare clausum fregit, in which the damages recovered were less than 100 dollars; and the only question is, whether this court can take jurisdiction; it appearing from the records that the title or bonds of lands were drawn in question in the inferior court. I consider this question as lying within a very narrow...   Cases  
Jones v. Rivers 3 Brev. 95, Constitutional Court of Appeals of South Carolina (December 01, 1812) 1812 In an action of slander, the actionable words might import a felony, or only a trespass, according to the manner or occasion of uttering them; and their true meaning must be left to the jury.   Cases  
Livingston v. Van Ingen 9 Johns. 507, Court for the Correction of Errors of New York (January 01, 1812) 1812 The several acts of the legislature of the 27th March, 1798, (sess. 21, c. 55,) of the 5th April, 1803, (sess. 26, c. 94,) of the 6th April, 1807, (sess. 30, c. 165,) of the 11th April, 1808, (sess. 31, c. 225,) and of the 9th April, 1811, (sess. 34, c. 200,) granting and securing the sole and exclusive right of using and navigating boats by steam,...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
McCall v. Peachy's Adm'r 3 Munf. 288, Supreme Court of Appeals of Virginia (December 10, 1812) 1812 The Court is of opinion, that the general merits of this cause having been decided by the two former decrees of the Court of Chancery, affirmed, in general, by this Court, it becomes unnecessary, if not improper, to enter, at this time, upon many topics minutely discussed at the bar, as it were de novo; and which course was only rendered...   Cases  
McClain v. Hayne 1 Tread. 212, Constitutional Court of Appeals of South Carolina (November 01, 1812) 1812 In this case it is clear, that that clause under which the sheriff acted, is not now in force. The county court act being repealed, of course the clause relating to county sheriffs is also repealed; and that by discharging the prisoner, he made himself liable for the debt. It is not necessary to decide in this case, the question so much discussed,...   Cases  
McLain v. Hayne 1 Tread. 212, Constitutional Court of Appeals of South Carolina (November 01, 1812) 1812 A sheriff is not bound by the common law, to maintain his prisoner, confined on civil process; but he is liable to plaintiff if he suffers a prisoner to go at large because he was destitute, and plaintiff refused to pay for his maintenance.   Cases  
Mortimer v. Brumfield 3 Munf. 122, Supreme Court of Appeals of Virginia (April 08, 1812) 1812 On Wednesday, the 8th of April, 1812, the president pronounced the opinion of the Court, that the judgment be affirmed.   Cases  
Nichols v. Cartwright 2 Mur. 137, Supreme Court of North Carolina (January 01, 1812) 1812 A rule applied to chattels, is, that where a remainder is limited by such words, as if applied to realty would constitute an estate tail, the person to whom it is given takes the property absolutely. The deed before us does not permit a doubt as to the intention of the maker, for the words are precisely such as would amount to an estate tail in...   Cases  
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