| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| St. Romes v. Pore |
10 Mart.(o.s.) 203, Supreme Court of Louisiana (July 01, 1821) |
1821 |
On an application for a rehearing, in this case, which was determined in May last, 10 Mart.(O.S.) 30, it was urged that Any kind of defect in the thing sold is not a ground for the action of redhibition; such defects alone are considered as render the thing absolutely unfit for the purpose for which it was intended in commerce, or such as so... |
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| St. Romes v. Pore |
10 Mart.(o.s.) 30, Supreme Court of Louisiana (May 01, 1821) |
1821 |
Appeal from the court of the parish and city of New-Orleans. [For subsequent opinion, see 10 Mart. (O. S.) 203.] |
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Cases |
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| State v. Fuller |
1 McCord 178, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
By the 7th section of the second article of our Constitution, the Governor has the power to grant reprieves and pardons, after conviction, except in cases of impeachment, in such manner, on such terms, and under such restrictions, as he shall think proper. And where the Governor pardoned a feme covert upon condition that she should leave the state... |
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| State v. Goode |
1 Hawks 463, Supreme Court of North Carolina (December 01, 1821) |
1821 |
The Defendant, if guilty of any offence, is so at the Common Law; for the act of the Legislature, passed in the year 1797, ch. 19, in making the receivers of stolen goods accessories after the fact, relates to such offences only as are capable of having accessories. And that part which authorises a prosecution for a misdemeanor for receiving stolen... |
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| State v. Poll |
1 Hawks 442, Supreme Court of North Carolina (December 01, 1821) |
1821 |
The declarations of a deceased person, that he was poisoned by certain individuals, not made immediately previous to his death, but at a time when he despaired of his recovery, and felt assured his disease would prove fatal, are admissible as dying declarations. When a common design is proven, the act of one, in furtherance of that design, is... |
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| State v. Rutherford |
1 Hawks 457, Supreme Court of North Carolina (December 01, 1821) |
1821 |
The Defendant's counsel prayed the Court to instruct the Jury, that if they believed that the Defendant, Rutherford, had a well grounded belief that the person who fired the gun intended to commit a felony, it would extenuate the offence, and the Defendant be entitled to a verdict. The Court declined to do so, and instructed the Jury that there... |
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| Stout v. Wright |
Litt.Sel.Cas. 481, Court of Appeals of Kentucky (December 08, 1821) |
1821 |
A case of usury. On the first of March, 1815, Wright executed two notes, binding himself to pay Stout, on the first of September, thereafter, $2,183 84 cents and, to secure the payment thereof, executed deeds of trust on several tracts of land, the property of Wright. To be relieved from those notes, deeds of trust, and compel a cancelment of them,... |
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| Tart v. Crawford |
1 McCord 265, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
Wherever a subsequent purchaser has received explicit notice of a former conveyance, such conveyance though not recorded will be valid, legal, and effectual against the subsequent conveyance of such purchaser, though recorded in due time. |
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| Taylor v. Sorsby |
Walker 97, Supreme Court of Mississippi (December 01, 1821) |
1821 |
If it is manifest to a reasonable certainty, that justice has not been done, the court will grant a new trial. It is an evident mistake, in point of law, for the jury to take out a deposition not read on the trial, and constitutes a strong reason for granting a new trial. |
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| Terrel's Heirs v. Cropper |
9 Mart.(o.s.) 350, Supreme Court of Louisiana (March 01, 1821) |
1821 |
Appeal from the court of the fourth district. |
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Cases |
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| Trent v. Trent's Ex'x |
Gilmer 174, Supreme Court of Appeals of Virginia (February 07, 1821) |
1821 |
Directing by will the payment of all just debts, charges the whole estate; which charge is not released, by a subsequent selection of particular parts to be sold for that purpose. Charging the whole estate with particular debts, lets in every creditor on the whole estate. Quære. An annuity, is a legacy charged on the whole... |
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| Trigg v. Northcut |
Litt.Sel.Cas. 414, Court of Appeals of Kentucky (November 29, 1821) |
1821 |
FROM THE BOURBON CIRCUIT COURT. On the first of January, 1818, Trigg and Northcut executed to each other their mutual covenant, whereby Trigg on his part covenanted to place with Northcut a yellow boy named Nelson, and continue him with him for three years, as an apprentice; and Northcut on his part, among other things, covenanted to teach the boy,... |
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| Trotter v. Howard |
1 Hawks 320, Supreme Court of North Carolina (June 01, 1821) |
1821 |
I will not say in this case, that the bill of sale, unaccompanied with possession, was not fraudulent under the 13th of Eliz. Ch. 5; nor will I say that the Jury ought not so to have found it: but in my opinion, the decision of that question properly and of right, belonged to the Jury. 'Tis the province of the Court to expound the Law, and it is as... |
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| Tunno v. Fludd |
1 McCord 121, Constitutional Court of Appeals of South Carolina (January 01, 1821) |
1821 |
Where a tract of land had been sold by the Master in Equity, and represented upon a map as containing more acres than it was discovered upon a resurvey to have, an abatement will be allowed for the deficiency in the quantity, according to the nature and extent of the defect. The rule of caveat emptor does not apply to sales by the master in... |
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| Van Alst v. Hunter |
5 Johns.Ch. 148, Chancery Court of New York (January 01, 1821) |
1821 |
A motion for a second trial on a feigned issue, directed by this Court, to try the validity of a will, made the second term after the N. P. record and certificate of the judge had been filed, on an ex parte statement of the evidence, was denied, on the ground of the delay, and the want of the proper documents. A new trial of a feigned issue may be... |
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| Van Horne v. Fonda |
5 Johns.Ch. 388, Chancery Court of New York (January 01, 1821) |
1821 |
An executor named in a will, and who never qualified as such, but who took possession of some part of the personal property of the testator, and paid some of his debts, was held, by these acts, to have elected to act as an executor, and was chargeable as executor. Admitting that one tenant in common may, in some cases, purchase in an outstanding... |
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Cases |
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| Vienne v. Boissier |
10 Mart.(o.s.) 359, Supreme Court of Louisiana (September 01, 1821) |
1821 |
Appeal from the court of the sixth district. |
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Cases |
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| Walker's Ex'rs v. Campbell |
1 Hawks 304, Supreme Court of North Carolina (June 01, 1821) |
1821 |
As the date of Orme's endorsement is not specified, it must be understood to have been made on the same day with the note, viz. 16th April, 1812. The note became due the 16th June of the same year, when the statute began to run and had taken away the remedy in 1815, three years before the death of Orme. His will directs his executors to sell... |
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| Waller's Heirs v. Edwards |
Litt.Sel.Cas. 348, Court of Appeals of Kentucky (October 09, 1821) |
1821 |
FROM THE BOURBON CIRCUIT COURT. THE CIRCUIT JUDGE NOT NAMED. This is a branch of the case formerly before this court, and the opinion then rendered is contained in 1 Marshall, 488. To that opinion we would, therefore, now refer, for a more particular statement of the facts. It may not, however, be improper to remark, that it will appear from that... |
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| Walton v. Fretwell |
3 A.K.Marsh. 519, Court of Appeals of Kentucky (June 10, 1821) |
1821 |
This was a bill in chancery, filed by Walton against Fretwell and others, in which he alleges that William Harris, deceased, by his will devised a part of his estate, as a loan for life, to his daughter, and directed it, upon their deaths, to pass to their children in fee; that Fretwell intermarried with one of Harris' daughters, to whom was... |
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| Webb v. Conn |
Litt.Sel.Cas. 475, Court of Appeals of Kentucky (December 07, 1821) |
1821 |
Charles Webb having departed this life, administration of the estate was, in 1806, granted to his widow, Mary Webb, and his brother, Isaac Webb. An administrator is not generally liable to pay interest to distributees, until after the tender of a refunding bond. But if he lends out the money and receives interest, he will be decreed to pay... |
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| Wells v. Spears |
1 McCord 421, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
An express warranty of title does not exclude an implied warranty of soundness. |
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| Wheeler v. Russell |
17 Mass. 258, Supreme Judicial Court of Massachusetts (January 01, 1821) |
1821 |
No action lies on a promissory note, the consideration whereof was the sale of shingles not of the size prescribed by Stat. 1783, c. 15. ASSUMPSIT upon a promissory note, dated 13th June, 1816, for 381 dollars, 6 cents, payable by the defendant to the plaintiff on demand; and a count for money had and received. Trial on the general issue, before... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Wyche v. Wyche |
10 Mart.(o.s.) 408, Supreme Court of Louisiana (September 01, 1821) |
1821 |
Appeal from the court of the seventh district. |
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| Aldrich v. Kinney |
4 Conn. 380, Supreme Court of Errors of Connecticut (July 01, 1822) |
1822 |
Foreign judgments are prima facie evidence of debt, and to be presumed just, until the contrary is proved; but if they are shown to be unjust or irregular, a suit upon them will not be sustained. Walker v. Witter, Doug. 1. The judgment of a court in a sister state, is not to be placed on the footing of a foreign judgment, but has all the validity,... |
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| Bailey v. Gentry |
1 Mo. 337, Supreme Court of Missouri (April 01, 1822) |
1822 |
ON MOTION for a supersedeas to a writ of error. The record presents the following case: Reuben Gentry and wife obtained judgment against Bailey, in the circuit court of Cooper county, for $200 debt, and $22 33 1-2 damages, with costs. A writ of fieri facias having issued on this judgment, returnable on the 4th Monday of January last, the sheriff,... |
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| Baily v. Gentry |
1 Mo. 164, Supreme Court of Missouri (April 01, 1822) |
1822 |
This is an application for a supersedeas, in the following case: Gentry and wife obtained judgment against Baily in the Circuit Court of Cooper county, in an action of debt, founded on his bill obligatory; and on the 9th day of September, 1821, caused an execution to issue thereon, on which the sheriff returned, that on the 1st day of October,... |
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| Baltzell v. Hall's Heirs |
1 Litt. 97, Court of Appeals of Kentucky (April 15, 1822) |
1822 |
Statement of the case. The heirs of Caleb Hall filed their bill against his administrator, to compel an account and distribution to the estate of the decedent. They allege that the decedent was not in debt, and that no demands had ever arisen against the estate. That the administrator had disposed of the personal estate, and therefor received... |
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Cases |
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| Bernard v. Vignaud |
10 Mart.(o.s.) 482, Supreme Court of Louisiana (January 01, 1822) |
1822 |
Appeal from the court of the first district. [For-subsequent opinions, see 10 Mart. (O. S.) 633;1 Mart. (N. S.) 1.] This case was determined in July term, 1820; it was not printed with those of that term, a rehearing having been granted, when they were committed to press. [Rowlett v. Grieve's Syndics] 8 Martin, 483 [13 Am. Dec. 296]. |
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| Bernard v. Vignaud |
10 Mart.(o.s.) 633, Supreme Court of Louisiana (January 01, 1822) |
1822 |
[For prior opinion, see 10 Mart. (O. S.) 482. For subsequent opinion, see 1 Mart. (N. S.) 1.] Seghers, on an application for a rehearing. This court has determined that the testimony of Fouque ought not to be rejected, on account of his affinity. To this decision the plantiffs respectfully submit. But there are two other grounds of exclusion, on... |
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| Board v. Cronk |
6 N.J.L. 119, Supreme Court of Judicature of New Jersey (February 01, 1822) |
1822 |
The state of demand filed in this case is to the following effect, viz. Upon this state of demand there is a verdict and judgment for the plaintiff for $48.57.5. And the reason assigned for the reversal of this judgment is, that Cronk's right of action, if any he had, appears by the state of demand itself to be against the inhabitants of the... |
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| Bonin v. Eyssaline |
12 Mart.(o.s.) 185, Supreme Court of Louisiana (August 01, 1822) |
1822 |
Appeal from the court of the fifth district. This was an action for the rescission of a sale of a tract of land, on the ground that the vendor had sold the thing of another; that the sale was fraudulent, and that the land was dotal. The defendant pleaded the general issue; that the plaintiff Bonin, immediately after the sale, took possession of the... |
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Cases |
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| Brisbane v. Mitchell |
Supreme Court of Pennsylvania (January 01, 1822) |
1822 |
It is enacted by the act of the 20th of March 1810, sect. 11, that the appellant shall not be permitted to produce as evidence in court, any books, papers or documents which he shall have withheld from the arbitrators. To bring the case within the act, the paper must have been in the power of the defendant, when called for before the... |
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| Briscoe v. Clarke |
1 Rand. 213, Supreme Court of Appeals of Virginia (November 27, 1822) |
1822 |
The court is of opinion, that on the matter stated in the third bill of exceptions, the superior court erred in setting aside the verdict, and granting a new trial. Without noticing any other objection, the court affirms the judgment. |
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| Bryan v. Moore's Heirs |
11 Mart.(o.s.) 26, Supreme Court of Louisiana (March 01, 1822) |
1822 |
Appeal from the court of the third district. |
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Cases |
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| Calloway v. State |
1 Mo. 211, Supreme Court of Missouri (May 01, 1822) |
1822 |
This was an indictment, found by the Grand Jury of Madison county, against Calloway, and sixteen other persons, for an assault and battery on one Jacky B. Stephens, to which the whole of them, (excepting George Robertson, one of the defendants), appeared in their proper persons, and pleaded not guilty; whereupon, issue was joined. The jury having... |
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| Carr v. Jeannerett |
2 McCord 66, Constitutional Court of Appeals of South Carolina (January 01, 1822) |
1822 |
W. made a residuary clause to his will in the following words:-The rest and residue of my estate, both real and personal, to be equally divided between my two grandsons Wilson and Thomas, and delivered to them at the age of 21 years; but should they die, leaving no lawful issue, in that case I give and bequeath the whole of my estate, both real... |
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Cases |
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| Casson v. Cureton |
12 Mart.(o.s.) 435, Supreme Court of Louisiana (September 01, 1822) |
1822 |
Appeal from the court of the sixth district. |
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Cases |
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| Cavenagh v. Crummin |
12 Mart.(o.s.) 306, Supreme Court of Louisiana (September 01, 1822) |
1822 |
Appeal from the court of the sixth district. |
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Cases |
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| Chesneau's Heirs v. Sadler |
10 Mart.(o.s.) 726, Supreme Court of Louisiana (February 01, 1822) |
1822 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Chretien v. Theard |
11 Mart.(o.s.) 11, Supreme Court of Louisiana (February 01, 1822) |
1822 |
Appeal from the court of the first district. [For subsequent opinion, see 2 Mart. (N. S.) 582.] |
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Cases |
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| Commonwealth v. Gillespie |
Supreme Court of Pennsylvania (January 01, 1822) |
1822 |
A count in an indictment charging that the defendant sold a lottery-ticket and tickets, in a lottery not authorized by the laws of the Commonwealth, is bad for its generality; it should specify the name of the lottery, and the number of tickets sold. But a count, charging a conspiracy to sell a lottery-ticket and tickets, in a lottery not... |
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| Commonwealth v. Green |
17 Mass. 515, Supreme Judicial Court of Massachusetts (March 01, 1822) |
1822 |
This Court has power to grant a new trial, on the motion of one convicted of a capital offence, sufficient cause being shown therefor. The admission of illegal testimony against the prisoner on his trial, after objection by his counsel, would be a good cause for granting a new trial. Objections to the competency of a witness, founded on a... |
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| Copelly v. Deverges |
11 Mart.(o.s.) 641, Supreme Court of Louisiana (June 01, 1822) |
1822 |
Appeal from the court of the parish and city of New-Orleans. This was an action instituted by the plaintiff and appellant, for the revindication of a certain lot of ground, and the buildings thereon, which he claims by virtue of a certain donation made to him of the same, by one named Augustin Bony, deceased, his god-father, on the 24th December,... |
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| Cutter v. Davenport |
1 Pick. 81, Supreme Judicial Court of Massachusetts (October 01, 1822) |
1822 |
A mortgage, though of lands in fee, is to many purposes considered as a chattel interest; but this is not strictly true in all instances. Upon the death of such a mortgagee, the land descends by the common law to the heir, although the executor or administrator is entitled to the money. The St. 1788, c. 51, was made to remedy this inconvenience. By... |
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| Davis' Heirs v. Prevost's Heirs |
12 Mart.(o.s.) 445, Supreme Court of Louisiana (September 01, 1822) |
1822 |
Appeal from the court of the fifth district. [For subsequent opinions, see Davis v. Prevost's Heirs, 1 Mart. (N. S.) 650;Davis' Heirs v. Prevost, 6 Mart. (N. S.) 265;Davis' Heirs v. Prevost's Heirs, 7 La. 274.] The petition stated that the plaintiffs are the just and legal owners of a tract of land of sixty arpents in front, on the western side of... |
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| Davis v. Shanks |
2 Hawks 117, Supreme Court of North Carolina (June 01, 1822) |
1822 |
Hannah and her increase are to be equally divided between Joseph and Mary, after the death of the widow. The rest of the estate is given to his wife during her widowhood, but if she marries, the estate is to be sold, and two-thirds are to be divided between his son and daughter, the other third is to go to his wife during life, and at her death, to... |
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| Dean v. Smith |
12 Mart.(o.s.) 316, Supreme Court of Louisiana (September 01, 1822) |
1822 |
Appeal from the court of the sixth district. [For subsequent opinion, see Dean v. Hubbard, 1 Mart. (N. S.) 566.] |
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Cases |
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| Delery v. Mornet |
11 Mart.(o.s.) 4, Supreme Court of Louisiana (February 01, 1822) |
1822 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Dufour v. Camfranc |
11 Mart.(o.s.) 675, Supreme Court of Louisiana (June 01, 1822) |
1822 |
[For prior opinions, see Dufour v. Camfrancq, 8 Mart. (O. S.) 235;Same v. Camfranc, 11 Mart. (O. S.) 607, 13 Am. Dec. 360.] Moreau on an application for a rehearing. The court considers the conveyance which the legislature directs the sheriff to deliver to the purchaser of property sold under a fi. fa. as so essential to the validity of the sale,... |
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Cases |
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