TitleCitationYearSummaryMost RelevantTypeStatus
Tilghman v. Steuart 4 H. & J. 156, Court of Appeals of Maryland (June 01, 1816) 1816 A paper purporting to be the last will and testament of D S wholly in his own hand writing, and having his name written at the beginning, devising and bequeathing both real and personal estate to his brothers, nephews and nieces, &c. leaving blanks for their names. and appointing by names his two brothers and a nephew his executors, leaving also...   Cases  
Victoire v. Dussuau 4 Mart.(o.s.) 212, Supreme Court of Louisiana (March 01, 1816) 1816 APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW ORLEANS.   Cases  
White v. Cox 4 Tenn. 79, Supreme Court of Errors and Appeals of Tennessee (November 01, 1816) 1816 This is a bill in equity. The facts charged and admitted are, that a dissolution of their partnership was agreed on, on the 26th of November, 1808. White was to receive all debts due to the firm, and to pay all debts due from it; to have all the goods, stock and real estate belonging to the firm, and to give two bonds to Cox, payable in twelve and...   Cases  
White v. Holsten 4 Mart.(o.s.) 471, Supreme Court of Louisiana (June 01, 1816) 1816 The plaintiffs and appellants claim certain property, in the possession of the defendants and appellees, as the inheritance of D. White, deceased, whose legitimate descendants and forced heirs they state themselves to be. They are opposed on several grounds. 1 The legitimacy of the plaintiffs is denied. 2 The will of D. White is set up by which...   Cases  
Williamson v. Gordon's Ex'rs 5 Munf. 257, Supreme Court of Appeals of Virginia (November 28, 1816) 1816 Decree reversed, with costs; and this Court proceeding, &c., it was farther decreed and ordered, that the Injunction awarded the Appellant be made perpetual, and that he be quieted in the possession of the houses and lots in the Bill and proceedings mentioned, and recover his costs in the Court of Chancery. But this Decree is to be without...   Cases  
Barker v. Com. 2 Va.Cas. 122, General Court of Virginia (November 01, 1817) 1817 Every offence to which a capital punishment is annexed by Statute, is a felony, and since the establishment of the Penitentiary, every offence there punishable, is in like manner a felony, unless it be by Statute denominated a misdemesnor. In an Indictment for stealing bank notes under the Act of 1806, it should be charged that they were...   Cases  
Bayon v. Mollere 4 Mart.(o.s.) 621, Supreme Court of Louisiana (March 01, 1817) 1817 APPEAL FROM THE COURT OF THE SECOND DISTRICT. [For prior opinion, see 4 Mart. (O. S.) 66.]   Cases  
Bayon v. Tricou 5 Mart.(o.s.) 1, Supreme Court of Louisiana (June 01, 1817) 1817 Appeal from the court of the second district.   Cases  
Betson v. Turnball 2 Del.Cas. 353, Court of Chancery of Delaware (August 28, 1817) 1817 Bill in chancery filed for recovery of a legacy.   Cases  
Betson v. Turnball 2 Del.Cas. 353 (August 28, 1817) 1817 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  
Bolling v. Bolling 5 Munf. 334, Supreme Court of Appeals of Virginia (January 29, 1817) 1817 The Court, not deciding, absolutely, that the Appellant Mary M. Bolling had a life interest in the estates devised to the Appellee Thomas T. Bolling, under the Will of her husband Robert Bolling, nor that she had a strict right, under the same, to convert the whole profits of those estates to the support of herself and the children of the said...   Cases  
Butler v. Haskell 4 Des. 651, Court of Appeals of Equity of South Carolina (February 01, 1817) 1817 The heirs apparent of an idiot, whose estate was in the bands of a committee, being weak, illiterate and necessitous, and finding a difficulty ??n procuring and perpetuating the evidence of their relationship, employ an agent to transact the business for them, at a commission of ten per cent on the amount to be recovered; the agent afterwards...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Chanet v. Parker 1 Mill Const. 333, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 I have considered this case, and perfectly coincide with the circuit judge, (BREVARD,) that where two or more go to commit a trespass, all present, aiding or assisting, are principals; and that the party injured may go against the whole, or any one or more of them, as he pleases: and that the evidence as to Parker, who opened the barn door, and was...   Cases  
Com. ex rel. Crispin v. Jones Supreme Court of Pennsylvania (January 01, 1817) 1817 1. The act of 9th March 1771, authorizing the overseers to put out poor children as apprentices--males to the age of 21, and females to the age of 18-- without requiring any act of the infant, is so full in its provisions as to leave no doubt on this point. It would be manifestly absurd to require that an infant child should participate in the act....   Cases  
Cooley v. Lawrence 4 Mart.(o.s.) 639, Supreme Court of Louisiana (March 01, 1817) 1817 APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Course v. Prince 1 Mill Const. 413, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 The motion in this case rests on the general grounds usually taken for a new trial: to wit, that the verdict is contrary to law and evidence. It is a principle so well established, that co-partners cannot sue each other at law for any thing relating to the co-partnership concern, that it would be a waste of time to cite authorities to that effect....   Cases  
Cummings v. MacGill Taylor 98, Supreme Court of North Carolina (January 01, 1817) 1817 When one individual attempts to become his own carver, and takes from the possession of another personal property, he is usurping an authority; and the law, to prevent the possibility of his being benefited by his own wrong, will compel him to restore the possession, and then shew the right he had for the exercise of this summary justice. This...   Cases  
Dance v. Commonwealth 5 Munf. 349, Supreme Court of Appeals of Virginia (January 27, 1817) 1817 1. The Clerk of this Court being required, by an Act of Assembly enacted since he came into office, to give bond and security for performance of his official duty; the Court considered it not proper to dispense with, or sanction the non-execution of such Bond, or to pronounce any opinion as to the consequences of his failing to do so; but left it...   Cases  
Daniel v. Cochran Adm'r 4 Bibb 532, Court of Appeals of Kentucky (May 27, 1817) 1817 At common law a fieri facias had relation to its teste, and bound the defendant's goods from that time. But by our statute an execution does not bind the estate of the defendant until the time of its delivery to the officer. A lien created by an execution is not continued after the return day of the execution. THIS is an appeal taken by the...   Cases  
Dubois v. Read 1 Mill Const. 472, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 These are not sufficient grounds on which to set aside the verdict, for it was clear that alterations had been made by defendant after he began to build, and there was proof that the house was worth $1000. The defendant himself, by producing the original estimate, proved that the timber was to be furnished by the plaintiff, and if it had not been...   Cases  
Duncan v. Cevallos' Ex'rs 4 Mart.(o.s.) 571, Supreme Court of Louisiana (January 01, 1817) 1817 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
Fortier v. McDonogh 4 Mart.(o.s.) 718, Supreme Court of Louisiana (May 01, 1817) 1817 APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW ORLEANS. The petition stated, that plaintiff made certain works on the defendant's levee, who having been notified to make certain repairs thereto, in conformity with the regulations of the police jury, neglected and refused to follow the directions of the syndic, in the delay prescribed by the...   Cases  
Foster v. Dupre 5 Mart.(o.s.) 6, Supreme Court of Louisiana (June 01, 1817) 1817 Appeal from the court of the first district. The petition contained two counts: the first for money laid out and expended by the plaintiffs for the use of the defendant, the other for money had and received by the latter from the former. Reference was had in the petition to an account annexed thereto, composed of several items, for lawyers,...   Cases  
Freeny v. McCally 2 Del.Cas. 315, High Court of Errors and Appeals of Delaware (June 19, 1817) 1817 It was agreed by the Court (Ridgely, Johns, and Davis) that on such an appeal it is not necessary to file causes of appeal, because it is a judgment of the court made up on a consideration of the facts, like the verdict of a jury. The cause of appeal is that the court, on the evidence, has made a wrong conclusion and has rendered a judgment for...   Cases  
Frith v. Sprague 14 Mass. 455, Supreme Judicial Court of Massachusetts (November 01, 1817) 1817 The replication is adjudged good. It is unnecessary to decide whether the evidence objected to at the trial of the issue in fact was rightfully admitted or not, although we see no other way of proving the existence of a foreign law but by oral testimony. But the verdict is right, even if there were no law authorizing the requisition of the bond in...   Cases  
Gale v. Davis' Heirs 4 Mart.(o.s.) 645, Supreme Court of Louisiana (March 01, 1817) 1817 APPEAL FROM THE COURT OF THE THIRD DISTRICT.   Cases  
Gardner v. Thomas 14 Johns. 134, Supreme Court of New York (January 01, 1817) 1817 Courts of this state have jurisdiction of actions brought for torts, committed on board of a foreign vessel, on the high seas, where both parties are foreigners; for actions for personal injuries are of a transitory nature, and follow the person or forum of the defendant. And though the injury is laid in the declaration to be contra pacem, &c.,...   Cases  
Gardner v. Thomas 14 Johns. 134 (January 01, 1817) 1817 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  
Giles v. Brown 1 Mill Const. 230, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 I have considered this case, and am of opinion that the prohibition should have been granted. Coroners were very ancient officers at the common law, and they were so called, because they deal principally with the pleas of the crown, and in former days were the principal conservators of the peace within their counties. (4 In. 471.) In England they...   Cases  
Hall v. Jacobs 4 H. & J. 245, Court of Appeals of Maryland (June 01, 1817) 1817 The question submitted to the court in this case is, whether the uncles and aunts of the whole blood of Dorsey Jacobs are to be preferred to his brothers and sisters of the half blood. The question arises under the act to direct descents, 1786, ch. 45, sec. 2. In expounding acts of assembly, the intention of the legislature is to be regarded, and...   Cases  
Haynes v. Wright 5 Tenn. 63, Supreme Court of Errors and Appeals of Tennessee (May 01, 1817) 1817 It must be a strong case, indeed, where a verdict is founded upon mere evidence, without any intermixture of law, that the Supreme Court will interpose, and set it aside. (Acc. Murray v. Ruble, 4 Hay., 203; Malone v. Debow, 4 Hay., 259.) Semble, a general agent has no authority to submit the principal's rights to arbitration. (Citing 1 Salk., 70;...   Cases  
Henderson's Adm'r v. King 5 Tenn. 94, Supreme Court of Errors and Appeals of Tennessee (June 01, 1817) 1817 Henderson sued King in the County Court of Franklin, and in his declaration complains that he recovered judgment in the County Court against J. Rogers for $186.66 and costs, in the year 1809, and took out a fieri facias, and delivered it to W. King, who was then sheriff of said county, by putting it into the hands of J. King, his deputy, to be...   Cases  
Hulin v. Biles Taylor 192, Supreme Court of North Carolina (July 01, 1817) 1817 From the whole complexion of the act, it is evident, that it was the fraudulent conduct of a party, the Legislature intended to punish. For this case is connected with a case of stealing. The affair, therefore, which the Legislature intended to put down was, that of wilful mismarking, and weshould be imputing to them a motive which nothing short of...   Cases  
In re Mickel 14 Johns. 324 (January 01, 1817) 1817 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  
In re Sutton's Will 2 Del.Cas. 364, Court of Chancery of Delaware (January 01, 1817) 1817 The following case was submitted to me by George Read and Nicholas Vandyke, Esqs., who were counsel for the parties respectively interested. William Sutton made his will in writing May 9, 1804; it was proved on March 5, 1805. He first directed his funeral expenses and just debts to be paid. Then followed the following clauses: Item. I give and...   Cases  
In re Sutton's Will 2 Del.Cas. 364 (January 01, 1817) 1817 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  
Jackson ex dem. King v. Burtis 14 Johns. 391, Supreme Court of New York (October 01, 1817) 1817 Where a testator devises his real and personal estate to several persons as tenants in common, some of whom he appoints his executors, and impowers them, or the major part of them, to sell his real property, this is a power coupled with an interest; that is, the interest which the executors have as devisees; and may be executed by the survivors or...   Cases  
Jackson ex dem. King v. Burtis 14 Johns. 391 (October 01, 1817) 1817 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  
Jackson v. Tong 1 A.K.Marsh. 81, Court of Appeals of Kentucky (December 02, 1817) 1817 Tong filed his bill of injunction, alleging that Jackson became the purchaser of a certain tract of land, under a sheriff's sale; and, that, by an agreement between them, he was to have an interest in the purchase, and had paid his proportion of the purchase money and the land had been divided between them. But, that, as the title could only be...   Cases  
Jones v. Gale's Curatrix 4 Mart.(o.s.) 635, Supreme Court of Louisiana (March 01, 1817) 1817 APPEAL FROM THE COURT OF THE THIRD DISTRICT.   Cases  
Jones v. Zollicoffer Taylor 212, Supreme Court of North Carolina (January 01, 1817) 1817 A Court of Equity will not compel a purchaser for a valuable consideration, without notice to part with any legal advantage he has over his adversary, although he may have obtained it accidentally or improperly; nor will it compel him to discover his title, or title deeds or boundaries, nor to surrender title deeds, nor suffer testimony to be...   Cases  
Kennedy v. Woolfolk 4 Tenn. 195, Supreme Court of Errors and Appeals of Tennessee (February 01, 1817) 1817 Kennedy purchased of Crawford 420 acres of land, which, on the 26th of October, 1797, he sold to Brittain Bryant for $400. Bryant gave two bonds for part of the purchase-money; one for one hundred pounds Kentucky currency, payable on the 1st of March, 1799; the other for the same sum, payable on the 1st of March, 1800, with Lemuel Sugg his surety...   Cases  
King v. Com. 2 Va.Cas. 78, General Court of Virginia (June 01, 1817) 1817 MEMORANDUM: On the trial of this Indictment, the following evidence was given, and at the request of the prisoner, is drawn up by the Judge from his notes, after the conviction. Claiborne W. Durrett, a witness, called on by the Commonwealth, deposed, that on the evening of the day oflast, the prisoner, John King, with John...   Cases  
King's Adm'r v. Hill Taylor 211, Supreme Court of North Carolina (July 01, 1817) 1817 Where the jury decide against the weight of evidence, in a case where no flagrant breach of duty is committed by the person in whose favour they find; where also there may reasonably exist a difference of opinion; and where it is certain that justice has been done, the court will not grant a new trial, upon the bare probability that the contract is...   Cases  
Kinloch v. Palmer 1 Mill Const. 216, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 This is a case which came before the Circuit Court of Charleston District, in May Term, 1811, Mr. Justice GRIMKE presiding, by way of an appeal from the Court of Ordinary; in which an issue was made up, to try whether the late Mrs. Elizabeth Hardcastle died testate or intestate? and the jury, to whom the issue was sent, found for her intestacy. And...   Cases  
Lawrence v. Swann 5 Munf. 332, Supreme Court of Appeals of Virginia (January 25, 1817) 1817 1. Quære. Whether an Execution can legally be levied on property, the possession of which has passed from the debtor, and remained in a third person, for more than five years, in pursuance of a Deed said to be fraudulent, but regularly recorded, and importing on its face to be for valuable consideration; before such Deed has been impeached and...   Cases  
Lemon v. Reynolds 5 Munf. 552, Supreme Court of Appeals of Virginia (April 03, 1817) 1817 The Copy of the Will made part of the special Verdict in this case; having been received and admitted to Record by the proper Court, as and for the last Will of Joseph Holmes; and that Copy containing a clause, (as found by the Jury and spread upon the Verdict as part of the proceedings of the said Court,) which entitles the Appellant to recover...   Cases  
Livingston v. Livingston 3 Johns.Ch. 148, Chancery Court of New York (January 01, 1817) 1817 In marshalling assets, the estate descended to the heir is to be applied to the payment of debts, before the estate devised; unless devised specially to pay debts. Equity will also marshal assets descended to the heir, in favor of, and for the relief of, specific lega tees. A subsequent conveyance by a testator, in trust, for the payment of debts,...   Cases  
Lowry v. McBurney 1 Mill Const. 237, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 As this was a case which turned entirely upon evidence, and as there was evidence on both sides, I left the case to the jury, as being a case very proper for their consideration; and they found for the plaintiff the full amount of his bond and interest. After hearing the arguments on this motion for a new trial, I can see no grounds for impeaching...   Cases  
Mitchell v. Dubose 1 Mill Const. 360, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 The case, as stated, appears to me to present two points for the consideration of the court. 1st, whether there were legal grounds for the recision of the contract or not? And, 2dly, whether upon a supposition, there were not legal grounds for setting aside the contract, the plaintiff has been legally divested of the property by title paramount?...   Cases  
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