| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Chandler v. Partin |
2 Mill Const. 72, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
This is a motion to set aside the verdict, and grant a new trial, for a misdirection of the presiding judge, in the court below, on the case above stated. The question may be considered as already settled in the case of Quay and MNinch, decided during the sitting of this court. It was determined, in that case, that to entitle a person to an... |
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Cases |
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| Chew v. Moffett |
6 Munf. 120, Supreme Court of Appeals of Virginia (February 18, 1818) |
1818 |
The Court is of opinion that, the appellees having joined issue on the plea in question, instead of demurring thereto, the estoppel, now relied upon by them, (if one existed,) was thereby waived. The Judgment of the Superior Court is therefore reversed, and that of the County Court affirmed. |
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Cases |
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| Clancey v. Bobertson |
2 Mill Const. 404, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
On the first ground, it is thought by the court here, that on a contract of this kind, where an overseer conducts himself with fidelity, and discharges all his duties as such, it is not competent for the employer to indulge a capricious disposition, and without cause to discharge him from his employment. Where a crop is so far advanced, as in this... |
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Cases |
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| Cobb v. Lanier |
5 Tenn. 297, Supreme Court of Errors and Appeals of Tennessee (March 01, 1818) |
1818 |
This cause comes by adjournment from the Circuit Court. It is an action of trespass, and an agreement as to the facts is made up by the parties, and by these the same question is made and submitted to the Court that was formerly decided in this court between Lanier and Allen. We are all of opinion that the decision on that cause was correct. It is... |
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Cases |
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| Collin v. Green |
2 Mill Const. 346, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
I am of opinion that the motion must prevail; for the rule, with respect to the construction of wills, is, that every part shall be so construed as to give efficacy to the whole, and thus by giving a life estate to the wife in the first instance, the defendant may well take after her death; but if he took immediately, then would her life estate be... |
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Cases |
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| Commonwealth v. Baird |
Supreme Court of Pennsylvania (January 01, 1818) |
1818 |
What constitutes a good form of indictment for selling spiritous liquors without license. A taxable inhabitant of the city is a competent witness on the trial of such an indictment; but one who has been actually taxed is not competent. THE following indictment was removed into this court by certiorari from the Mayor's Court of the City of... |
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Cases |
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| Commonwealth v. Greason |
Supreme Court of Pennsylvania (January 01, 1818) |
1818 |
The act of 29th March 1788, directs that the master shall make a report in writing, to the clerk of the peace of the county, within six months after the birth of the child; which report shall contain the age, name and sex of the child, &c. The report is to be verified by the oath of the master, to be entered of record by the clerk of the peace, and... |
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Cases |
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| Crawford v. Wilson |
2 Mill Const. 353, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
I am of opinion, that in all contracts of this kind, every degree of candor and fairness should be observed on the part of the seller; that a sound price would also imply a warranty of soundness; and that even such an implied warranty would extend to defects known, as well as those that were unknown. But in this case there was a positive warranty... |
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Cases |
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| Cuffy v. Castillon |
5 Mart.(o.s.) 494, Supreme Court of Louisiana (May 01, 1818) |
1818 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Cusack v. White |
2 Mill Const. 279, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
1st. The first ground taken for a new trial in this case is, that there is no evidence of a conversion. But as that ground has not been insisted on in the argument, I presume it may be considered as abandoned. 2d. The second is, that the deed under which the plaintiffs claimed, was not supported by any legal consideration. The deed purports to be... |
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Cases |
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| Davis v. Foley |
Walker 43, Supreme Court of Mississippi (June 01, 1818) |
1818 |
Upon an interlocutory decree of a Court of Chancery, referring an account to three persons, by name, as Auditors, or a majority of them,-it is no valid objection to the proceedings and the Report of the Auditors, that one of the three was never notified to attend. Had the exception to the absence of one of the Auditors been valid, it should have... |
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Cases |
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| Davis v. Murray |
2 Mill Const. 143, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
The law is settled that sheriff's sales are coupled with no implied warrantees. (2 Bay, 169, 170.) I do not mean to say, that a sheriff's sale may not be made the instrument of a fraud, which will entitle the person deceived to a remedy against the authors of it; nor do I mean to say, whether the case stated, would or would not constitute such a... |
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Cases |
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| Delacroix v. Orleans Nav. Co. |
5 Mart.(o.s.) 507, Supreme Court of Louisiana (May 01, 1818) |
1818 |
Appeal from the court of the first district. |
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Cases |
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| Eastland v. Longshorn |
1 Nott & McC. 194, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
The doctrine of implied warranty, applies as well to sales by Administrators and Executors, as others, ut semble. It is a general rule, that a tender must be made unconditional, and must be always of a definite and certain character. |
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Cases |
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| Ervine v. Dotton |
6 Munf. 231, Supreme Court of Appeals of Virginia (November 27, 1818) |
1818 |
The Court reversed the Judgment, and remanded the cause, for a new trial; with a direction that no such instruction be given to the Jury. |
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Cases |
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| Farrow v. Mays |
1 Nott & McC. 312, Constitutional Court of Appeals of South Carolina (November 01, 1818) |
1818 |
In an action of assumpsit, where there has been a total failure of consideration, it may be given in evidence, under the general issue. Where the defence only goes to show a defect in the article conveyed, or a defective title to part of the article, or to one or more, where the title embraces several, it must be made by discount. |
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Cases |
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| Ford ads. Treasurer |
1 Nott & McC. 234, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
The Sheriff has no right to question the regularity of an execution lodged with him. The Sheriff cannot be made answerable for enforcing an irregular execution. |
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Cases |
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| Gardner v. Harbour |
5 Mart.(o.s.) 408, Supreme Court of Louisiana (March 01, 1818) |
1818 |
Appeal from the court of the third district. |
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Cases |
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| Gresham v. Gresham |
6 Munf. 187, Supreme Court of Appeals of Virginia (October 16, 1818) |
1818 |
1. A testator, in the year 1803, devised the residue of his estate to his brother Isaac; in case he died without issue, to be equally divided between his uncle's children; (naming them;) without adding any words of perpetuity. This limitation over was good, and took effect, upon the death of Isaac without issue at the time of his death. TALIAFERRO... |
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Cases |
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| Griswold v. Waddington |
15 Johns. 57, Supreme Court of New York (January 01, 1818) |
1818 |
A partnership between persons residing in two different countries, for commercial pur poses, is, at least, suspended, if not ipso facto determined, by the breaking out of war between those countries; as the effect of a state of war is to render illegal all intercourse between the subjects and citizens of the hostile nations. If such partnership... |
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Cases |
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| Griswold v. Waddington |
15 Johns. 57 (January 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... |
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Trial Court Orders |
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| Guery v. Vernon |
1 Nott & McC. 69, Constitutional Court of Appeals of South Carolina (January 01, 1818) |
1818 |
A. By his last will and testament, bequeaths personal property to his daughter B. but in case B. should die, without heirs of her body, then the said property to return to his son C. held that the limitation over was too remote; and consequently that B. took an absolute estate in the property. |
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Cases |
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| Harry v. Decker |
Walker 36, Supreme Court of Mississippi (June 01, 1818) |
1818 |
The north-western territory, ceded by Virginia to the United States, prior to the peace of 1763, was subject to and claimed by France, but by the treaty of 1763, was transferred to Great Britain. In 1775, this territory was under a government distinct and separate from that of the colony of Virginia. There is no evidence, that the laws of Virginia... |
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Cases |
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| Helme v. Guy |
2 Mur. 341, Supreme Court of North Carolina (July 01, 1818) |
1818 |
From all the circumstances of this case, it seems impossible to doubt about the meaning of the testator. He had a large body of land composed of different tracts, and known by different names, the one he lived on was called the Ben Radcliffe tract, and he devises the tract on which he lived to his son William Henry, together with all the... |
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Cases |
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| Hicks v. Calvit |
5 Mart.(o.s.) 691, Supreme Court of Louisiana (October 01, 1818) |
1818 |
Appeal from the court of the sixth district. |
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Cases |
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| Highlander v. Fluke |
5 Mart.(o.s.) 442, Supreme Court of Louisiana (March 01, 1818) |
1818 |
Appeal from the court of the third district. |
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Cases |
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| Holmes v. Patterson |
5 Mart.(o.s.) 693, Supreme Court of Louisiana (October 01, 1818) |
1818 |
Appeal from the court of the sixth district. |
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Cases |
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| Horne v. Lyeth |
4 H. & J. 431, Court of Appeals of Maryland (October 01, 1818) |
1818 |
MS, possessed of a term of years in a lot of ground bequeathed it as follows. I give and devise to my daughter C the house and lot whereon I now live; all which I give to my said daughter during her natural life, and after her decease, I give the same to the heirs of my said daughter C--Held by Baltimore county court, that C was... |
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Cases |
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| Horton v. Reavis |
2 Mur. 380, Supreme Court of North Carolina (July 01, 1818) |
1818 |
It is necessary that the proof of speaking the words, should correspond with the charge in the declaration, at least in substance. The declaration, contains a direct charge against the Defendant, for having uttered the slanderous words; but the proof is, that he said there was such a report in the neighborhood, and that he expressed, at the time of... |
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Cases |
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| Hurt v. Reeves |
6 Tenn. 50, Supreme Court of Errors and Appeals of Tennessee (March 01, 1818) |
1818 |
An equity of redemption is not subject to sale by execution at law. (Acc. Combs v. Young, 4 Y., 218; Elliott v. Patten, 4 Y., 10. See Russel v. Stinson, 3 Hay., 1.) And so trusts imagined in courts of equity for the sake of persons injured, and other equitable interests in real estate, which are the mere creatures of the rules of equity, are not... |
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Cases |
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| Inhabitants of Upton v. Inhabitants of Northbridge |
15 Mass. 237, Supreme Judicial Court of Massachusetts (September 01, 1818) |
1818 |
One who is non compos mentis, not having estate sufficient to give him a settlement in virtue thereof, follows the settlement of his father, as well after he comes to age as before. ASSUMPSIT for the expense of supporting Israel Hill, a pauper, alleged by the plaintiffs to have had his lawful settlement in Northbridge. At the trial before the Chief... |
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Cases |
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| Jourdan v. Patton |
5 Mart.(o.s.) 615, Supreme Court of Louisiana (July 01, 1818) |
1818 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Keeble v. Cummins |
6 Tenn. 43, Supreme Court of Errors and Appeals of Tennessee (March 01, 1818) |
1818 |
It is a fraud in equity, if one person, taking advantage of the mental imbecility of another, shall procure from him a bargain manifestly unequal, especially if pretences be used which are not intended to be realized. (Acc. King v. Cohorn, 6 Y., 75; Walker v. McCoy, 3 Head, 103; Gass v. Mason, 4 Sn., 497.) It is not weakness alone which causes a... |
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Cases |
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| Kennedy v. Ross |
2 Mill Const. 125, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
I have always considered it a settled rule of law, that where the vender of personal property continues in possession after the sale, as visible owner, the sale is to be considered fraudulent and void against creditors; and so it has always been held since Twyne's case. (3 Co. 80.) In the case of Edwards and Harbin, (2 Durnford and East, 555,)... |
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Cases |
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| Kid v. Mitchell |
1 Nott & McC. 334, Constitutional Court of Appeals of South Carolina (November 01, 1818) |
1818 |
Where an infant sues by guardian, the declaration should state that he was admitted by the Court; but after verdict, judgment will not be arrested on that ground. In an action of trover, the jury may give the plaintiff the highest value of the property converted, up to the time of the verdict A deed fraudulent as to creditors, may be good between... |
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Cases |
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| Langlish v. Schons |
5 Mart.(o.s.) 405, Supreme Court of Louisiana (March 01, 1818) |
1818 |
Appeal from the court of the parish and city of New Orleans. |
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Cases |
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| Lefevre v. Boniquet's Syndics |
5 Mart.(o.s.) 481, Supreme Court of Louisiana (May 01, 1818) |
1818 |
Appeal from the court of the parish and city of New-Orleans. The syndics prayed for the homologation of the tableau of distribution, in which Cucullu, the other defendant, was classed as a mortgage creditor. The plaintiff, creditor by mortgage of the insolvent, under a deed of a later date than that of Cucullu, opposed the homologation. A jury, to... |
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Cases |
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| Lewis v. Thornton |
6 Munf. 87, Supreme Court of Appeals of Virginia (January 30, 1818) |
1818 |
1. Adjudged cases can only be safely relied on as precedents, as to points actually in issue between the parties, and not as to such as may be deemed extra-judicial; unless indeed in relation to the latter they shall have ripened into law by various and successive decisions. 2. Where the principles of a decree of the Court of Appeals seem to be... |
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Cases |
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| Lucile v. Toustin |
5 Mart.(o.s.) 611, Supreme Court of Louisiana (July 01, 1818) |
1818 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Lynch v. Hill |
6 Munf. 114, Supreme Court of Appeals of Virginia (February 10, 1818) |
1818 |
1. In supplying words in a Will, it is the most correct course to supply such only as it is evident the testator intended to use, and not such, also, as would be necessary to effectuate the supposed intention of the testator. 2. Wherefore, the words of a contingent limitation being, in case S. N. C. without issues of body lawfully begotten,... |
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Cases |
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| Manning v. Norwood |
2 Mill Const. 374, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
On the first ground, I held it immaterial whether the person with whom the contract was made was the wife of the plaintiff or not; because the contract was afterwards confirmed by the plaintiff himself, and the money actually paid to him. It then became his contract: and there is such a privity between the plaintiff and defendant as will support... |
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Cases |
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| Mathews v. Sims |
2 Mill Const. 103, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
Several grounds in support of this motion have been taken, all of which may be substantially comprised within the following, viz. misdirection of the judge to the jury in relation to the evidence, and the rule given by him in regard to the assessment of damages. In this action the plaintiff can recover only secundum allegata et probata, and the... |
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Cases |
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| Mathis v. Clark |
2 Mill Const. 456, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
It is certainly competent for the plaintiff in this case to avail himself of all the rights and advantages which appertained to the absent debtor respecting what might have been owing from the garnishee, but no more. Suppose, instead of paying the 100 dollars to Lines, the garnishee had retained it in his own possession till the court, at which the... |
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Cases |
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| Maurin v. Martinez |
5 Mart.(o.s.) 432, Supreme Court of Louisiana (March 01, 1818) |
1818 |
Appeal from the court of the second district. |
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Cases |
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| Mayes v. Calvit |
5 Mart.(o.s.) 669, Supreme Court of Louisiana (September 01, 1818) |
1818 |
Appeal from the court of the sixth district. |
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Cases |
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| McDonald v. Hewett |
15 Johns. 349, Supreme Court of New York (January 01, 1818) |
1818 |
Where, after a sale of goods, some act remains to be done by the vendor before delivery, the property does not vest in the vendee, but continues at the risk of the vendor. The plaintiff and A. entered into an agreement, which stated that the plaintiff had bought of A. a certain quantity of timber, which the plaintiff was to pay for at the... |
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Cases |
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| McDonald v. Hewett |
15 Johns. 349 (January 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... |
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Trial Court Orders |
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| McDonald's Ex'rs v. McMullen |
2 Mill Const. 91, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
1st. The word heirs, in this bequest, as well from the peculiar penning of the clause, as from the limitation over to the father of the testator, who, without such limitation, would have been embraced by the word heirs, in its most extensive meaning, can only mean lineal heirs, and must be construed heirs of the body of the first takers, (Fearne... |
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Cases |
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| McDowell ads. Murdock |
1 Nott & McC. 237, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
There is no difference in the delivery required, in cases of Donatio Causa mortis, and other cases of parol gifts; in all such cases, the only question is, whether the Donor has parted with his dominion over the property, or not. If the possession of property pass from the Donor to the Donee, in his presence and with his consent, whether it be... |
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Cases |
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| Messonier v. Union Ins. Co. of Charleston |
1 Nott & McC. 155, Constitutional Court of Appeals of South Carolina (January 01, 1818) |
1818 |
A Spanish vessel was captured by an English ship, and afterwards released. The two nations were at peace. The Court held, that the fear of recapture, on account of suspicions raised as to her neutrality, by a nation at peace, was not sufficient ground for abandonment, (the abandonment not having been made till after restoration.) Fear to justify an... |
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Cases |
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