TitleCitationYearSummaryMost RelevantTypeStatus
Edwards v. Massey 1 Hawks 359, Supreme Court of North Carolina (June 01, 1821) 1821 But it was wrong in the Court below to dismiss with costs, and we may appeal for costs--(Ambler 521--1 Vern. 250--1 Brown 141.) The original power of Chancery was to give costs when the bill was founded on false suggestions, but they were never given on a case that was fit for consideration, but only where there were no just grounds for the...   Cases  
Ellis v. Wootten 2 Del.Cas. 625, Court of Chancery of Delaware (July 25, 1821) 1821 Injunction bill.   Cases  
Ellis v. Wootten 2 Del.Cas. 625 (July 25, 1821) 1821 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  
Ex parte Vance 1 McCord 493, Constitutional Court of Appeals of South Carolina (November 01, 1821) 1821 In every case of appeal (by act 1815,) where the decision is against the appellant, 7 per cent. interest is allowed on the amount recovered, from the day of the verdict to the time when the appeal is dismissed. And when in trover, the jury found an alternative verdict for $3,000 or a return of the property converted, which property, after the...   Cases  
Fleming v. Lockart 10 Mart.(o.s.) 308, Supreme Court of Louisiana (September 01, 1821) 1821 Appeal from the court of the sixth district.   Cases  
Fleming v. Lockart 10 Mart.(o.s.) 398, Supreme Court of Louisiana (September 01, 1821) 1821 Appeal from the court of the sixth district.   Cases  
Forretier v. Guerrineau's Creditors 1 McCord 304, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 Upon the trial of an issue between the garnishee and attaching creditors of the absent debtor, as to the right to certain property attached, the wife of the absent debtor cannot be admitted to give evidence. The court, also Held, that on the trial of the issue, in which the garnishee stood as plaintiff, and the creditors as defendants, that an...   Cases  
Foster v. Cook 1 Hawks 509, Supreme Court of North Carolina (December 01, 1821) 1821 This bill is brought by the heirs of Daniel Foster to set aside as fraudulent, the conveyance made by him of the land in question, to the Defendant, and for no other purpose--that is the prayer of the bill. It is true there is a general prayer, and under that general prayer relief may be given: provided it be in accordance with, and not...   Cases  
Fowler v. Stuart 1 McCord 504, Constitutional Court of Appeals of South Carolina (November 01, 1821) 1821 Where the jury found a verdict, in support of a parol gift made in these words, the court supported it, viz: I beg you to recollect I have given that horse to my son. If the intention of the donor be doubtful, it seems, the delivery ought to be fully proved. If the intention to give be evident, slighter proof of delivery may be...   Cases  
Frederic v. Frederic 10 Mart.(o.s.) 188, Supreme Court of Louisiana (July 01, 1821) 1821 Appeal from the court of the parish and city of New Orleans.   Cases  
Garrett v. Stuart 1 McCord 514, Constitutional Court of Appeals of South Carolina (November 01, 1821) 1821 The only cases in which a party can aver against the consideration expressed in his own deed are when it is illegal or fraudulent; and a person cannot allege that a bill of sale was not given by him at the time the contract was entered into, but three or four weeks afterwards. Promises made on a consideration that is wholly past, without any new...   Cases  
George v. Richardson Gilmer 230, Supreme Court of Appeals of Virginia (April 04, 1821) 1821 There is no error in the decree to the prejudice of the appellants; but it is erroneous, as it respects the appellee, in allowing interest on the 50l. from January 1806, instead of the 1st February 1801. The decree is therefore reversed, as to this, and affirmed for the residue. Costs are allowed the appellee, as the party substantially prevailing.   Cases  
Gibbons v. Morse 7 N.J.L. 253, Supreme Court of Judicature of New Jersey (January 01, 1821) 1821 The Court of Errors affirmed the judgment. CITED IN Cutter v. Moore, 3 Hal. 225. Fox v. Lambson, Id. 277. Boice v. Gibbons, Id. 329. See Stoughtenborough v. Haviland, 3 Gr. 266; Hal. Dig. 174, 751.   Cases  
Gregory v. Hooker's Adm'r 1 Hawks 394, Supreme Court of North Carolina (December 01, 1821) 1821 The heavy costs accumulated by a protracted litigation, have made this suit very important to the parties; and though the two items for funeral charges amount together to but ten shillings, yet whether the Defendant be liable to pay them, depends upon principles which are not to be understood without some research. I must own that the argument,...   Cases  
Hepburn v. Sewell 5 H. & J. 211, Court of Appeals of Maryland (June 01, 1821) 1821 If the damages, recovered by a judgment in an action of trover for the conversion of personal property, be paid by the defendant, and such property was not delivered back to the plaintiff, and accepted by him prior to such action, the right to it becomes vested in the defendant, and his title has relation back to the time of the conversion. If the...   Cases  
Hudnal v. Teasdall 1 McCord 227, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 A deed is not void against a subsequent purchaser, merely because it is voluntary, even though the person making it should owe some inconsiderable debts at the same time. Where personal property is conveyed by a husband to a trustee, for the benefit of his wife and children, the subsequent possession of the husband is consistent with the object of...   Cases  
Hughes v. Waring Litt.Sel.Cas. 402, Court of Appeals of Kentucky (October 17, 1821) 1821 FROM THE WARREN CIRCUIT COURT, THE HON. HENRY P. BROADNAX, SOLE JUDGE. This is an action of covenant, brought on an instrument of writing which reads as follows, in substance: Where the plaintiff admits all which the defendant alleges he can prove by an absent witness, the absence of the witness furnishes no ground for a continuance. For the...   Cases  
Jones v. Dugan 1 McCord 428, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 The law adjudges the possession to be in the person who has the right; and such constructive possession is sufficent to enable the owner to maintain an action of trover. Where there is an unlawful conversion, no demand is necessary; and any withholding of the property against the will of the owner is evidence of conversion. A defendant, after...   Cases  
Julien v. Langlish 9 Mart.(o.s.) 205, Supreme Court of Louisiana (January 01, 1821) 1821 Appeal from the court of the first district.   Cases  
Lampton v. Taylor Litt.Sel.Cas. 273, Court of Appeals of Kentucky (October 05, 1821) 1821 FROM THE CLARK CIRCUIT COURT. THE CIRCUIT JUDGE NOT NAMED. This is an appeal from a judgment rendered in favor of the appellees, in an action of debt brought by the appellant against them in the circuit court. The action is founded on a penal bond containing a condition in the following words: The condition of the above obligation is such,...   Cases  
Lazare v. Peytavin 9 Mart.(o.s.) 566, Supreme Court of Louisiana (April 01, 1821) 1821 Appeal from the court of the second district. [For subsequent opinion, see 12 Mart. (O. S.) 684.]   Cases  
Leland v. Creyon 1 McCord 100, Constitutional Court of Appeals of South Carolina (January 01, 1821) 1821 If the person for whose use goods are furnished be liable at all, any promise by a third person to pay that debt must be in writing, otherwise it is void by the statute of frauds. Where the defendant being present with L. in a store, verbally promised to be responsible to the merchant for what goods he might let L. have, and the merchant let L....   Cases  
Leonard's Tutor v. Mandeville 9 Mart.(o.s.) 489, Supreme Court of Louisiana (April 01, 1821) 1821 Appeal from the court of the first district.   Cases  
Lining v. City Council of Charleston 1 McCord 345, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 By an ordinance of the City Council of Charleston, laying a tax upon different property, among many things, a tax was laid upon all profit or income arising from the pursuit of any faculty, profession, or occupation, trade or employment, except salaries of the judges or other public officers, exempted from taxation, or not taxed by the...   Cases  
Livingston v. Heerman 9 Mart.(o.s.) 656, Supreme Court of Louisiana (May 01, 1821) 1821 Appeal from the court of the first district. [For prior opinion, see 9 Mart. (O. S.) 195.]   Cases  
Marie v. Avart's Heirs 10 Mart.(o.s.) 25, Supreme Court of Louisiana (May 01, 1821) 1821 Appeal from the court of the parish and city of New Orleans. 8 Martin, 618. This opinion was pronounced in December term last, and was suspended by a motion for a rehearing, which was granted; it is now printed with the opinion after the rehearing. [For prior opinions, see Marie v. Avart, 6 Mart. (O. S.) 731;Same v. Avart's Heirs, 8 Mart. (O. S.)...   Cases  
McGee v. McCants 1 McCord 517, Constitutional Court of Appeals of South Carolina (November 01, 1821) 1821 There is no prescribed form of words for a will, ; but if it be the intention of the testator to make a disposition of his estate, to take effect after his death, then it is his will, whatever may be the form. And there are several methods of coming at this intention; (1) where it is so expressed on the face of the writing itself; (2) where the...   Cases  
Meaux's Heirs v. Breaux 10 Mart.(o.s.) 364, Supreme Court of Louisiana (September 01, 1821) 1821 Appeal from the court of the fifth district.   Cases  
Melancon's Heirs v. Duhamel 10 Mart.(o.s.) 225, Supreme Court of Louisiana (September 01, 1821) 1821 Appeal from the court of the fifth district. [For subsequent opinions, see Melancon's Heirs v. Duhamel, 3 Mart. (N. S.) 7;Broussard v. Duhamel,Id. 11.Melancon's Heirs v. Broussard, 2 La. 8;Broussard v. Duhamel, 4 La. 366;Melancon's Heirs v. Same, 7 La. 286;Id., 11 La. 317.]   Cases  
Miles v. James 1 McCord 157, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 A ferryman is liable as a common carrier. It is the duty, as it seems, of every ferryman to have his flat so constructed that it may be easy for carriages of all descriptions, and drivers of all capacities to enter them. By the act of Assembly of 1809, it is made the duty of every person keeping a ferry to keep the banks in repair. The mode and...   Cases  
Miller v. Long 3 A.K.Marsh. 334, Court of Appeals of Kentucky (April 16, 1821) 1821 This was a suit in chancery, brought by Long, against Miller, to be released from a contract which he had made with Miller, for the purchase of an acre of land, including the mouth of a salt petre cave. Long alleges, that, by the terms of the contract, the acre purchased by him, was to be so laid off as to include-the mouth of the cave, and the...   Cases  
Miltenberger v. Canon 10 Mart.(o.s.) 85, Supreme Court of Louisiana (June 01, 1821) 1821 Appeal from the court of the parish and city of New Orleans.   Cases  
Mitchell v. Armitage 10 Mart.(o.s.) 38, Supreme Court of Louisiana (May 01, 1821) 1821 Appeal from the court of the parish and city of New-Orleans.   Cases  
Nass v. Vanswearingen Supreme Court of Pennsylvania (June 01, 1821) 1821 Samuel Vanswearingen and the plaintiffs below were children and co-heirs of Thomas Vanswearingen, who died in possession, and intestate. The record, therefore, presents the case of a tenant in common, but not a party in the cause, called by the defendant to testify against the plaintiffs, his co-tenants; and I think it quite clear, that no interest...   Cases  
Ober v. Pratte 1 Mo. 80, Supreme Court of Missouri (April 01, 1821) 1821 The material evidence in this cause was contained in a deposition, which the bill of exceptions shows was taken and certified by a justice of the peace of the city of New Orleans, under and by virtue of a rule of the clerk of the Circuit Court of St Louis county, directed to any judge or justice of the peace of the city of New Orleans. To the...   Cases  
Peabody v. Carrol 9 Mart.(o.s.) 295, Supreme Court of Louisiana (February 01, 1821) 1821 Appeal from the court of the first district.   Cases  
Pelletreau v. Rathbone 18 Johns. 428, Supreme Court of New York (January 01, 1821) 1821 No action at law lies for a legacy. And where an annuity for life is expressly charged on the real and personal estate of the testator, an action at law cannot be maintained against the heirs or terre-tenants. The proper remedy for a legacy is in the Court of Chancery. THESE were actions of debt for legacies, brought in October, 1816, to recover...   Cases  
Pelletreau v. Rathbone 18 Johns. 428 (January 01, 1821) 1821 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  
Petry v. Christy 19 Johns. 53 (January 01, 1821) 1821 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  
Porteus v. Sullivan 1 McCord 397, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 A creditor secured by mortgage (as other creditors) is bound to prove by oath his debt to be bona fide, at the time when his debtor takes the benefit of the insolvent debtor's act; otherwise his lien will become forfeited.   Cases  
Richardson v. Whitfield 1 McCord 403, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 No proceedings are necessary to be had against the garnishee who makes no return to the attachment, until judgment is recovered against the absent debtor; and then upon motion, it seems, even without notice, judgment may be entered up against the garnishee; therefore, a garnishee who has made no return, and against whom no proceedings have been had...   Cases  
Ryden v. Jones 1 Hawks 497, Supreme Court of North Carolina (December 01, 1821) 1821 It has now become a settled rule of equity, too firmly established to be shaken, that a trustee shall gain no benefit to himself by any act done by him in his fiduciary character; but that all his acts shall be for the benefit of the cestui que trust. It is not necessary in the view I take of the case, to enquire whether an executor comes within...   Cases  
Sassman v. Aime 9 Mart.(o.s.) 257, Supreme Court of Louisiana (February 01, 1821) 1821 Appeal from the court of the first district.   Cases  
Scott v. Turnbull 10 Mart.(o.s.) 335, Supreme Court of Louisiana (September 01, 1821) 1821 Appeal from the court of the sixth district.   Cases  
Scott v. Wilson 1 McCord 194, Constitutional Court of Appeals of South Carolina (May 01, 1821) 1821 By the act of 1796, regulating sheriff sales, and generally called, the ten per cent. law, if the plaintiff desire and direct the sheriff by a notice in writing, in time to enable him to insert it in one of his advertisements, the purchaser of property, immediately after it is knocked off, may be required to pay ten per cent. on the purchase. And...   Cases  
Shapley v. Garey Supreme Court of Pennsylvania (January 01, 1821) 1821 By the English common law, the time when the single bill became due, would certainly be computed by lunar instead of calendar months, which are recognised only by the ecclesiastical courts; in the courts of common law, the rule is different; because, as it is said in Barksdale v. Morgan, 4 Mod. 185, the month was, in common parlance, formerly...   Cases  
Shuff v. Morgan 9 Mart.(o.s.) 592, Supreme Court of Louisiana (April 01, 1821) 1821 Appeal from the court of the parish and city of New-Orleans.   Cases  
Smith v. Niel 1 Hawks 341, Supreme Court of North Carolina (June 01, 1821) 1821 We will not say that the bill of sale unaccompanied with possession was not fraudulent under the 13 Eliz. Ch. 5; nor will we say that the Jury ought not so to have found it; but in our opinion, the decision of that question, properly and of right, belonged to the Jury. It is the province of the Court to expound the law, and it is as much the...   Cases  
Smith v. Smith 10 Mart.(o.s.) 400, Supreme Court of Louisiana (September 01, 1821) 1821 Appeal from the court of the sixth district.   Cases  
St. Avid v. Weimprender's Syndics 9 Mart.(o.s.) 648, Supreme Court of Louisiana (May 01, 1821) 1821 Appeal from the court of the first district.   Cases  
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