TitleCitationYearSummaryMost RelevantTypeStatus
Moore v. Rider 2 Del.Cas. 324, Court of Chancery of Delaware (July 26, 1817) 1817 Bill filed February, 1815. Answers of all the defendants filed, except Thomas Robertson, who was never summoned, and no other process or measure used to make him a party.   Cases  
Moore v. Rider 2 Del.Cas. 324 (July 26, 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  
Murden v. Beath 1 Mill Const. 244, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 No rule is better established than that the court will not disturb a verdict, when it is believed that injustice has not been done to the party applying for a new trial, and no rule of the law violated. A brief review of the case will show that no injustice has been done to the defendants, and they have not pretended that any rule of law has been...   Cases  
Murden v. South Carolina Ins. Co. 1 Mill Const. 200, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 A motion is made for a new trial in this case on two grounds. 1st. Because the verdict is contrary to law and evidence, inasmuch as the plaintiff committed a breach of warranty in continuing on the coast of Africa more than four months, contrary to an express stipulation in the policy, whereby the defendants became exonerated. And, 2dly, Because...   Cases  
Muse v. Vidal 6 Munf. 27, Supreme Court of Appeals of Virginia (November 08, 1817) 1817 The Court considers this action as an action of trespass vi et armis; and, thus considering it, affirms the judgment.   Cases  
Oatfield v. Waring 14 Johns. 188 (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  
Pearson v. Wightman 1 Mill Const. 336, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 On the part of the plaintiffs it was contended on the first ground, that proof of publication in the presence of three or more credible witnesses was indispensable; that the evidence did not afford this proof; that the proof was not satisfactory as to any of the witnesses; but that clearly as to Platt there was no evidence; that the testator...   Cases  
Perry's Heirs v. Perry Taylor 184, Supreme Court of North Carolina (July 01, 1817) 1817 My doubts in this case, were, at first, considerable,--whethe plaintiff could have a certiorari. But, upon further consideration, and on examination of the act of Assembly of 1796, c. 29, I think he can. The act evidently contemplates an ex parte proceeding. It does not direct any process or notice to the administrator; and, indeed, from the nature...   Cases  
Petit v. Gillet 5 Mart.(o.s.) 19, Supreme Court of Louisiana (June 01, 1817) 1817 Appeal from the court of the parish and city of New-Orleans.   Cases  
Pickett v. Chilton 5 Munf. 467, Supreme Court of Appeals of Virginia (March 11, 1817) 1817 1. Construction of a marriage settlement, by which the personal estate of the intended wife was conveyed to Trustees for her use until the marriage; then, upon trust that the husband and wife should enjoy the profits during the coverture; and, afterwards, that the Trustees should assign, transfer and pay over all the said property (that might...   Cases  
Pinkerton v. Walker 4 Tenn. 221, Supreme Court of Errors and Appeals of Tennessee (February 01, 1817) 1817 The claim of a distributive share of the personal estate of an intestate is sustainable in equity, because the administrator (or executor) is considered a trustee of the personal estate for those entitled, and the statute of limitations does not run in cases of express trust between the trustee and cestuis que trust. (Acc. Lafferty v. Turley, 3...   Cases  
Renney v. Mayfield 5 Tenn. 165, Supreme Court of Errors and Appeals of Tennessee (August 01, 1817) 1817 In May term, 1817, a habeas corpus issued to John Mayfield, from a judge of the Circuit Court, to bring before him the body of Rebecca Renney together with the cause of her caption and detainer. Mayfield brought her before the Court as the writ required, and returned as follows: That on the day on which the annexed bill of sale bears date he...   Cases  
Richardson v. Saltar Taylor 68, Supreme Court of North Carolina (January 01, 1817) 1817 Where the county court does not form rules and regulations for patrollers, under the act of 1802 ch. 15, they must conform to those of 1794 ch. 4; and under that act one patroller has not a right to inflict a punishment by himself, and if private persons aid and abet him, though called upon by him to do so, they, as well as he, are all trespassers....   Cases  
Selby's Lessee v. Williss 4 H. & J. 242, Court of Appeals of Maryland (June 01, 1817) 1817 J S, by his will in 1790, devised certain lands to his two sons J and D, and his three daughters N, and B, in trust for his son W and he authorised the trustees to sell all or any part of the lands in order to buy other lands, with the money arising from such sale, for the benefit of his son W, as should appear to a majority of his trustees to be...   Cases  
Seville v. Chretien 5 Mart.(o.s.) 275, Supreme Court of Louisiana (September 01, 1817) 1817 Appeal from the court of the fifth district.   Cases  
Skinner v. Fleet 14 Johns. 263 (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  
Smith v. Ehrick 1 Mill Const. 349, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 Several grounds have been urged in support of the motion for a new trial in this case; but the only one which the court have thought proper to consider, is, that which relates to the want of privity of contract between the parties to this action, as from the result of their deliberations on that question, the whole object of the motion will be...   Cases  
Smith v. Koontz 5 Tenn. 189, Supreme Court of Errors and Appeals of Tennessee (November 01, 1817) 1817 A writ of ne exeat will be issued out of chancery, upon good cause shown by affidavit, directing the arrest of the defendant and detention until he give bond conditioned not to remove himself or the property in controversy from this State, so as to defeat the decree which may be given in the cause. (See Union Bank v. Newman, 4 Hum., 330;Code, 4434....   Cases  
State v. Greenwood 1 Mill Const. 420, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 The argument in this case was predicated on a supposition, that it was necessary to the conviction of the defendant, to take that part of his confession only, which operated against him, inasmuch, as it appeared, that he committed the assault and imprisonment under the authority of a justice's warrant, and that there had been a violation of that...   Cases  
State v. Tillery 1 Nott & McC. 9, Constitutional Court of Appeals of South Carolina (November 01, 1817) 1817 Under tbe act of assembly, of 1737, bank notes are subjects of Larceny. On an indictment for stealing a bank note, it must be proved to have been genuine.   Cases  
State v. Walker Taylor 230, Supreme Court of North Carolina (January 01, 1817) 1817 It is the province of the court to pronounce whether the Judge who tried the cause drew the correct legal conclusion from the facts set forth in this record, which must have been made up from the evidence given in the cause, and stated to the jury in the summing up. To me it appears very clear, that the statement of facts shews the prisoner to have...   Cases  
State v. Wood 1 Mill Const. 29, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 In this case the defendant was indicted for grand larceny, and found guilty of petit larceny. He now moves for a new trial, on grounds which are resolved into the two following: 1. That the verdict was against the weight of evidence; 2. That the indictment being for grand larceny, the verdict of petit larceny was unauthorised. 1. The first question...   Cases  
Stockdale v. Escaut 4 Mart.(o.s.) 564, Supreme Court of Louisiana (January 01, 1817) 1817 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
Travis v. Claiborne 5 Munf. 435, Supreme Court of Appeals of Virginia (February 27, 1817) 1817 If this case turned altogether on the general principle of the liability of an agent or servant, who, by authority of his principal, had converted goods of another, which, by finding or otherwise, had come to the possession of that principal, and to which he never had a title, the question, how far this Court would consider the broad doctrine of...   Cases  
Trudeau's Ex'r v. Robinette 4 Mart.(o.s.) 577, Supreme Court of Louisiana (January 01, 1817) 1817 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
Westmoreland v. Dixon 5 Tenn. 223, Supreme Court of Errors and Appeals of Tennessee (December 01, 1817) 1817 From the bill, answers and testimony in this case, it appeared that the defendant Shelton, was in partnership with the other defendant, Dixon. Being in Dinwiddie county, in the State of Virginia, with a drove of hogs belonging to the firm, on the 16th of February, 1813, he sold the balance of his hogs to one Whitehead, and received in part payment...   Cases  
Williams v. Wilkins 3 Johns.Ch. 65, Chancery Court of New York (January 01, 1817) 1817 A plaintiff, suing in forma pauperis, and recovering a legacy against executors, is entitled only to the actual costs or expenses of the suit, to be paid out of the assets. It rests in the discretion of the Court to order pauper or dives costs, according to the circumstances of the case. THE plaintiff sued in forma pauperis, and recovered a legacy...   Cases  
Wilson v. Carver 5 Tenn. 90, Supreme Court of Errors and Appeals of Tennessee (June 01, 1817) 1817 A fact stated in the bill, and not noticed in the answer, is not in issue, nor is it to be taken as true or otherwise; neither is that to be taken as true which is asserted in the answer, and is not proved. (See Tiel v. Roberts, 3 Hay., 139; Phillips v. Overton, 4 Hay., 291; Perkins v. Hays, Cooke, 163.) An equity of redemption in a chattel is not...   Cases  
Withers' Ex'x v. Withers' Ex'r 6 Munf. 10, Supreme Court of Appeals of Virginia (October 22, 1817) 1817 The Court, (not deciding whether an action, other than a scire facias, can be maintained on a judgment in detinue, or not,) is of opinion, that the present action is not brought upon the judgment, but is a new action of detinue, in which the former judgment is not declared upon, but is only relied upon as evidence of title, and not as fixing the...   Cases  
Wormeley v. Wormeley 1 Brock 330, Circuit Court, D Virginia (November 01, 1817) 1817 This was a bill in chancery, exhibited by Mary Wormeley, the wife of Hugh Wallace Wormeley, and her infant children, John S., Mary W., Jane B., and Anne B. Wormeley, by their next friend, against the said Hugh Wallace Wormeley, Thomas Strode, Richard Veitch, and David Castleman, and Charles McCormick, for the purpose of enforcing the trusts of a...   Cases  
Wright, by Robinson v. Fisher 2 Del.Cas. 322, Orphans' Court of Delaware (July 01, 1817) 1817 Appeal from decree of the Register. Account and exception filed. Account passed July 1, 1810. William Polk died April 19, 1801. Inventory dated July 2, 1801. Letters of administration dated May 28, 1801. This case was partially heard at April [Term]. Some evidence was then given, and then continued. The exception is that the accountant has only...   Cases  
Young v. Henderson 5 Tenn. 189, Supreme Court of Errors and Appeals of Tennessee (November 01, 1817) 1817 Henderson, Young, and Forgey, all being parties to the decree, are bound by it, so that Forgey can never sue Henderson upon these articles. And he, Forgey, could not be benefitted by the possession of them. Another assignment of error was, that a greater sum had been allowed in calculating costs than ought to have been, and the Court said such...   Cases  
Adams ads. Wylie 1 Nott & McC. 78, Constitutional Court of Appeals of South Carolina (January 01, 1818) 1818 On the plea of non est factum, no evidence will be admitted, but such as goes to the destruction of the bond. Wherever the Vendee is deceived in the purchase of land, by misrepresentation, he may plead it or give it in evidence in discount, against a bond given for the purchase money.   Cases  
Anderson v. Solomon 2 Mill Const. 329, Constitutional Court of Appeals of South Carolina (May 01, 1818) 1818 Assumpsit cannot be supported, when there has been an express contract under seal, as in the present case, but the action must be, in such case, debt or covenant. It is also a rule that when a bond, or other security under seal, has been accepted in satisfaction of a simple contract, the latter is merged in such higher security; and assumpsit is...   Cases  
Arrington v. Alston 2 Mur. 321, Supreme Court of North Carolina (July 01, 1818) 1818 By the first clause of this will, the testator devises to his daughters several tracts of land, and provides in the same clause, that if either of them should die before marriage, the lands devised to such one so dying, should go to the survivor; and in case they should all die before marriage, the lands so devised should go to the Boddies and...   Cases  
Augustin v. Cailleau 5 Mart.(o.s.) 464, Supreme Court of Louisiana (April 01, 1818) 1818 Appeal from the court of the parish and city of New-Orleans.   Cases  
Baker's Adm'r v. Avant 1 Nott & McC. 218, Constitutional Court of Appeals of South Carolina (May 01, 1818) 1818 A parol gift of personal estate is not good without delivery.   Cases  
Bedford v. Shilling Supreme Court of Pennsylvania (September 01, 1818) 1818 The provisions of the act of 14th March 1814, placed the plaintiff on very different ground from that on which he stood when he commenced his action; because it has been decided, that under the act for the sale of vacant lands within this Commonwealth, passed the 3d of April 1792, it was not necessary to prove, that a warrantee was...   Cases  
Bennett v. Hardaway 6 Munf. 125, Supreme Court of Appeals of Virginia (February 21, 1818) 1818 1. If a motion for a new trial, on the ground that the verdict is contrary to evidence, be overruled, a bill of exceptions to the Court's opinion ought not to state all the evidence given in to the Jury, but only the facts appearing to the Court to have been proved. The point determined in this case is of great importance in relation to the...   Cases  
Betty v. Deneale 2 Cranch C.C. 156, Circuit Court, District of Columbia (November 01, 1818) 1818 THE COURT (THRUSTON, Circuit Judge, absent) decided that the deed of manumission, in this case, when it was acknowledged and recorded according to law, related back to the time of its execution.   Cases  
Boissier v. Metayer 5 Mart.(o.s.) 678, Supreme Court of Louisiana (September 01, 1818) 1818 Appeal from the court of the sixth district.   Cases  
Bollinger v. Thurston 2 Mill Const. 447, Constitutional Court of Appeals of South Carolina (May 01, 1818) 1818 The subscribing witness did not appear, and the handwriting of the obligor was satisfactorily proven. The act of 1802, 16th clause, declares, that absence of any witness to a bond or note, shall not be deemed a good cause by any court of justice, for postponing a trial respecting the same; but that the signature to such bond or note may be...   Cases  
Brown ads. Gibson 1 Nott & McC. 326, Constitutional Court of Appeals of South Carolina (November 01, 1818) 1818 Trobate of a will in common form may be revoked either on a suit by citation, or on appeal at any time within thirty years. The Ordinary has the power to revoke a probate made by his predecessor in office. It is exclusively the duty of the executor to prove the will and defend any contest about it, ut semble. The decrees of a Court of Ordinary, on...   Cases  
Brown v. Frazier 2 Mill Const. 413, Constitutional Court of Appeals of South Carolina (May 01, 1818) 1818 I am of opinion that the bill of sale must have a retrospective operation, for otherwise the plaintiff would be made to warrant the soundness of the property, not only at the time of sale, but also that she should continue in good health for many months afterwards; that defendant had acted with great degree of good faith in the transaction; for not...   Cases  
Burrows v. Truitt 1 Del.Cas. 613, Court of Common Pleas of Delaware (November 01, 1818) 1818 Ex relatione Brinckle. [Miscellaneous references in the manuscript are omitted here, Clayton's Notebook, 120.]   Cases  
Burrows v. Truitt 1 Del.Cas. 613 (November 01, 1818) 1818 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  
Burt v. Stackney 2 Mill Const. 323, Constitutional Court of Appeals of South Carolina (May 01, 1818) 1818 The court is not diposed to grant the last motion; but is of opinion a new trial ought to be granted. It has no disposition to withdraw from the jury any part of their peculiar jurisdiction over facts; but the power of juries over matters of fact, is in civil cases, to be exercised under the superintendance of the court, whose duty it is to see...   Cases  
Byers v. Bostwick 2 Mill Const. 75, Constitutional Court of Appeals of South Carolina (May 01, 1818) 1818 The action of assumpsit consists of two forms. 1. Where the plaintiff sets forth the agreement, for the breach of which he complains specially, and declares, as it is technically termed, on a special assumpsit; and such is the character of the plaintiff's pleadings, in the two first counts of his declaration. 2d. The general form of indebitatus...   Cases  
Cabell's Ex'rs v. Megginson's Adm'rs 6 Munf. 202, Supreme Court of Appeals of Virginia (October 26, 1818) 1818 1. A devisee of nearly all the estate of a principal debtor, gave a bond to indemnify the estate of the surety against the debt; in which bond one of the executors of the surety bound himself, in his individual character, as surety for the said devisee. The creditor, afterwards, obtained a judgment, in the Federal Court, against the said executors;...   Cases  
Caldwell's Adm'rs v. Barkley 2 Mill Const. 452, Constitutional Court of Appeals of South Carolina (May 01, 1818) 1818 This case was tried before me; and if I had been of the jury, I certainly should have given a different verdict: but I am not disposed to disturb their verdict. There was evidence on both sides; and although I think it preponderated in favor of the defence, yet it was not very precise or very strong. The opinion of the physician was founded on a...   Cases  
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