| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Watts v. Bullock |
1 Litt. 252, Court of Appeals of Kentucky (June 11, 1822) |
1822 |
A will established. The mental disease under which the testatrix labored, appearing to have been want of excitability, and not aberration of mind. Statement of the case. This is a writ of error to an order of the Woodford county court, admitting to record an instrument purporting to be the last will of Mildred Gregory, deceased, with a codicil... |
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| Wilson v. Church |
1 Pick. 23, Supreme Judicial Court of Massachusetts (September 01, 1822) |
1822 |
A state pauper, being duly assigned to an individual to be supported by him, made a special contract with the assignee to perform particular services for certain wages. Held, that he might maintain an action upon the contract for his wages. Whether a town can assign a pauper by auction, or in any other manner than by indenture, quære. THE... |
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Cases |
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| Amelia v. Caldwell |
2 Cranch C.C. 418, Circuit Court, District of Columbia (October 01, 1823) |
1823 |
This cause was submitted to the decision of the court by Mr. Key, for the petitioner, and Mr. Jones, for the defendant, upon the following case agreed: In this case it is admitted that the petitioner was born in the state of Maryland, and became, by marriage, the property of one Henry O. Middleton, who resided in Washington county, in this... |
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Cases |
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| Ashley v. Reeves |
2 McCord 432, Constitutional Court of Appeals of South Carolina (May 01, 1823) |
1823 |
When property is sold at a reduced price on account of a known defect, but paid for as sound in other respects, the purchaser may still claim a deduction, under an implied warranty, for any other defects. An action for money had and received on account of the failure of an article purchased, can not be maintained until the property has been... |
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Cases |
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| Attoo v. Com. |
2 Va.Cas. 382, General Court of Virginia (November 01, 1823) |
1823 |
The passage of an Act which prescribes a new punishment for old offences, and repeals all Laws coming within the purview of it, without providing that offences committed before the operation of the new Law, shall be punished under the old, operates as a discharge of all who have committed such offences, and have not been tried previous to the new... |
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Cases |
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| Baldwin v. Williams |
1 Mart.(n.s.) 618, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Bank of Kentucky v. Vance's Adm'rs |
4 Litt. 168, Court of Appeals of Kentucky (October 16, 1823) |
1823 |
FROM THE SIMPSON CIRCUIT COURT. A. Morehead and Robert Latham, being partners in trade and general agents for each other, became indebted to the Bank of Kentucky in the sum of $15,914, for money advanced to them at the Russellville Branch on sundry notes discounted at their instance, and to secure the payment of those notes, or such as should be... |
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Cases |
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| Banks v. Trudeau |
2 Mart.(n.s.) 39, Supreme Court of Louisiana (December 01, 1823) |
1823 |
Appeal from the court of the first district. |
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Cases |
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| Bernard v. Vignaud |
1 Mart.(n.s.) 1, Supreme Court of Louisiana (March 01, 1823) |
1823 |
Appeal from the court of the first district. |
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Cases |
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| Bernard v. Vignaud |
1 Mart.(n.s.) 12, Supreme Court of Louisiana (March 01, 1823) |
1823 |
The zeal of the counsel who appears for the defendant has enabled us to turn our attention once more to this case: and the very able argument in which he has examined the opinions heretofore delivered, has put it in our power to test their correctness, and has furnished us with ample means to detect any error into which we may have fallen. Fouque... |
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Cases |
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| Berry v. Thompson |
6 H. & J. 89, Court of Appeals of Maryland (June 01, 1823) |
1823 |
On the defendant's prayer to direct the jury that if they believed that there was an express contract between the plaintiff and defendant for building a house by which the defendant was to pay a specified sum of money, then the jury could not imply a new contract, which was to destroy the original, or to be made the foundation of the plaintiff's... |
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Cases |
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| Bodley v. Downing |
4 Litt. 28, Court of Appeals of Kentucky (October 08, 1823) |
1823 |
FROM THE FAYETTE CIRCUIT COURT, THE HON. WILLIAM WARREN SOLE JUDGE. This was a motion made to compel the clerk of the Fayette circuit to issue executions of fieri facias on two replevin bonds taken on judgments in Fayette, directed to the sheriff of Woodford county. A memorandum was made, first directing the clerk thus to issue them, which the... |
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Cases |
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| Brown v. Duplantier |
1 Mart.(n.s.) 312, Supreme Court of Louisiana (June 01, 1823) |
1823 |
Appeal from the court of the first district. |
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Cases |
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| Bynum v. Lemoine |
1 Mart.(n.s.) 628, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Campbell v. Armstrong |
1 Mart.(n.s.) 574, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Campbell v. Henderson |
1 Mart.(n.s.) 510, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Campbell v. Miller |
1 Mart.(n.s.) 514, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Carneal v. Wilson |
3 Litt. 80, Court of Appeals of Kentucky (April 12, 1823) |
1823 |
A WRIT OF ERROR ON A DECREE OF THE HARDIN CIRCUIT COURT. 1. Where a bill is filed asserting a claim and praying a discovery of assets, out of which it may be satisfied, an answer denying the validity of the claim and the facts on which its validity depends, without answering as to the assets, is insufficient. 1. 2. When an answer has been judged... |
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Cases |
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| Carr v. Callaghan |
3 Litt. 365, Court of Appeals of Kentucky (June 06, 1823) |
1823 |
Statement of the case. Walter Carr filed this bill, with an injunction, against a judgment at law obtained against him by William Pawling, assignee of John South, on a note for two hundred pounds. The object of his bill is to have the specific performance of a contract with South for the sale of lands, or a conveyance of the legal estate, or to be... |
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Cases |
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| Childress v. Emory |
21 U.S. 642, Supreme Court of the United States (March 14, 1823) |
1823 |
ERROR to the Circuit Court of Tennessee. The defendants in error, citizens of the State of Maryland, and executors of John G. Comegys, the surving partner of the late firm of William Cochran & Comegys, brought an action of debt in the detinet, on a promissory note, executed by the said Anderson Childress, as the agent of said Joel... |
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Cases |
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| Chowning v. Cox |
1 Rand. 306, Supreme Court of Appeals of Virginia (February 13, 1823) |
1823 |
Where a conveyance of real estate is made to a creditor, in trust to satisfy his own demand, such conveyance is not to be considered as a deed of trust, but as a mortgage, to which the right of redemption is incident. But if a sale is made by the creditor, under these circumstances, and the grantor comes into a court of equity for relief, the court... |
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Cases |
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| COLORED TROOPS ENTITLED TO BOUNTY LANDS. |
1 U.S. Op. Atty. Gen. 602 (March 27, 1823) |
1823 |
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Administrative Decisions & Guidance |
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| Com. v. Shelton |
2 Va.Cas. 384, General Court of Virginia (November 01, 1823) |
1823 |
At the September Term of the present year, the prisoner, Shelton, was convicted of grand larceny, committed before the first day of August last; whereupon, he pleaded in arrest of judgment, that there was no law then in force for the punishment of the offence whereof he was convicted, and the Court adjourned the question growing out... |
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| Commonwealth v. Fuqua |
3 Litt. 41, Court of Appeals of Kentucky (April 10, 1823) |
1823 |
A DECLARATION ON A SHERIFF'S BOND HELD SUFFICIENT. 1. By the assignment of a judgment, the right which the plaintiff at law has to recover against the sheriff for a neglect or violation of his duty, before the assignment respecting executions which had issued on the judgment, does not pass to the assignee, nor is it extinguished by the assignment.... |
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Cases |
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| Cox v. Wilson |
1 Mart.(n.s.) 629, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Crane v. Marshal |
1 Mart.(n.s.) 577, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Crummen v. Cavenah |
1 Mart.(n.s.) 532, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| David v. Bell |
Peck 135, Supreme Court of Errors and Appeals of Tennessee (May 01, 1823) |
1823 |
Moneys due to the testator, collected by the defendant as agent of the executrix, may be sued for by her, describing herself as executrix: and, when recovered, they will be assets; but may be considered, at her election, as received to her use, in her own proper right, she being personally answerable over therefor. But the defendant in such action... |
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Cases |
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| Dawson v. Trimble |
3 Litt. 252, Court of Appeals of Kentucky (April 08, 1823) |
1823 |
Statement of the case. The defendants in error filed their bill in chancery, in the court below, stating, that Robert H. Grayson, Hebe Carter and George W. Grayson executed their joint and several bond, under seal, to the said defendants, for the payment of 1,000 bushels of salt, at the Little Sandy salt works, on a particular day therein named;... |
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Cases |
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| Delery v. Bunle's Undertutor |
1 Mart.(n.s.) 451, Supreme Court of Louisiana (July 01, 1823) |
1823 |
Appeal from the court of the second district. |
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Cases |
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| Deloney v. Hutcheson |
2 Rand. 183, Supreme Court of Appeals of Virginia (December 17, 1823) |
1823 |
In England, when partners purchase an estate jointly for the purposes of their trade, although at law, upon the death of one, the estate survives to the other; yet, in equity, it is considered as an estate in common. If the representatives of the deceased partner claim this equity, they must submit to the rule, that he who will have equity must do... |
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Cases |
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| Deshautel v. Parkins |
1 Mart.(n.s.) 547, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Dorsey v. Smithson |
6 H. & J. 61, Court of Appeals of Maryland (June 01, 1823) |
1823 |
The opinion of the court was delivered by The bill of sale, which gave rise to the dispute between the parties in this cause, was executed and acknowledged before a justice of the peace, but was not recorded as the act of assembly directs. It is void as to creditors, if made to their injury, but it is binding on the donor, her executors,... |
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Cases |
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| Douglass v. McChesney |
2 Rand. 109, Supreme Court of Appeals of Virginia (December 10, 1823) |
1823 |
The Court is of opinion, that a tacit understanding between the parties; founded on a known practice of the appellee, to lend money at legal interest, if the borrower purchased of him a horse, at an unreasonable price, would be a shift to evade the statute against usury. Whether the transaction under the consideration of the Court, was of that... |
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Cases |
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| Dozier v. Muse |
2 Hawks 482, Supreme Court of North Carolina (June 01, 1823) |
1823 |
A. married L. a widow, who was entitled to an undivided share of a deceased child's estate; and on the 18th of December, 1817, A. executed to the Defendant, a mortgage or assignment of all his interest in this undivided share, to be void on payment of a judgment, which the Defendant had against him. The Complainant also had a judgment against A,... |
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Cases |
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| Evans v. Gray |
12 Mart.(o.s.) 507, Supreme Court of Louisiana (January 01, 1823) |
1823 |
[For prior opinion, see 12 Mart. (O. S.) 475.] |
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Cases |
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| Ewing's Heirs v. Handley's Ex'rs |
4 Litt. 346, Court of Appeals of Kentucky (October 01, 1823) |
1823 |
Decided Spring Term, 1823, and suspended on petition for re-hearing, until Spring Term, 1824. On the 26th of November, 1789, Charles Ewing contracted to sell to James Handley, two hundred and fifty acres of land, then demarked, and executed his bond with a penalty, binding both himself and his heirs, conditioned to convey the said land, by a sure... |
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Cases |
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| Ex parte Simmons |
22 F.Cas. 151, Circuit Court, ED Pennsylvania (October 01, 1823) |
1823 |
This was an application made to WASHINGTON, Circuit Justice, in Philadelphia, out of court, by Mr. Simmons, under the third section of the act of congress respecting fugitives from justice, &c. (see 1 Story's Laws, 274), for a certificate as provided by that section. The evidence was, that Mr. Simmons came to Philadelphia from Charleston, South... |
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Cases |
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| Falls v. Torrance |
2 Hawks 490, Supreme Court of North Carolina (June 01, 1823) |
1823 |
This case very much resembles that of Tate v. Greenlee's adm'r, decided this term. It is a motion to dismiss the bill--thirty-five years or thereabouts, having elapsed from the death of Gilbraith Falls, Complainants' father, until the time of filing it. It appears that at the time of Gilbraith Falls' death, that the Complainants were infants; that... |
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Cases |
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| Fanny v. Kell |
2 Cranch C.C. 412, Circuit Court, District of Columbia (May 01, 1823) |
1823 |
This cause was submitted to the court upon a case agreed. The case stated was to the following effect: That W. Simms, in the year 1796, purchased Dorcas, the mother of the plaintiff, for a term of years, of one Alexander Smith, who was the owner of the said Dorcas. That Smith voluntarily promised to execute a deed of emancipation for the residue of... |
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Cases |
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| Fleckner v. Bank of U.S. |
21 U.S. 338, Supreme Court of the United States (February 28, 1823) |
1823 |
ERROR to the District Court for the District of Louisiana. This was a suit brought by the defendants in error against the plaintiff in error, in the Court below, upon a promissory note drawn by him, dated the 26th of March, 1818, for the sum of 10,000 dollars, payable to the order of one John Nelder, on the first of March, 1820. The plaintiffs... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Frere v. Frere |
1 Mart.(n.s.) 462, Supreme Court of Louisiana (August 01, 1823) |
1823 |
Appeal from the court of the seventh district. |
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Cases |
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| Goodell v. Jackson ex dem. Smith |
20 Johns. 693, Court for the Correction of Errors of New York (February 01, 1823) |
1823 |
A patent for land to J. S., and Oneida Indian, and his heirs and assigns, forever, is to him and his Indian heirs, whatever their civil condition and character may be, whether aliens or citizens. Such a patent is to be taken as issued by due authority, and as equivalent to a legislative grant to J. S., and his Indian heirs. The Indians within this... |
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Cases |
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| Goodenow v. Tappan |
1 Ohio 60, Supreme Court of Ohio (December 01, 1823) |
1823 |
Plea in abatement misnomer in plaintiff's baptismal name; replication that the plaintiff is known by one name as well as the other, good. Words spoken in discharge of official duty not actionable. If spoken under pretense of official duty, wantonly and with malice, words are actionable; the intention with which spoken to be left to the jury. Words... |
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Cases |
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| Graham v. Graham's Adm'rs |
2 Hawks 322, Supreme Court of North Carolina (June 01, 1823) |
1823 |
Originally, terms for years and personal chattels, could not by deed, be limited over by way of remainder after a life estate--(Cro. Eliz. 216--1 Co. 153--Chedington's case, Dyer 253--Shep. Touch. 332.) And however the law may be altered as to chattels real--(Shep. Touch. 274-- Bac. Abt. Remainder a. 1st Am. from the 6th London Ed.--1 Burr.... |
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Cases |
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| Graves v. Carter |
2 Hawks 576, Supreme Court of North Carolina (December 01, 1823) |
1823 |
The case of Bracket v. Foscue, wherein this point occurred, was decided in conformity with the clear rule of law, that parol evidence shall not be received to contradict a deed; and however reluctant the Court may be to apply a rule which produces injustice in the particular case, yet the community is benefited upon the whole, by an adherence to... |
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Cases |
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| Grey ads. Young |
Harp. 38, Constitutional Court of Appeals of South Carolina (November 01, 1823) |
1823 |
After pleading to the merits, it is too late to set aside proceedings in attachment, on the ground that the bond entered into by plaintiff, on the issuing of the writ, does not conform to the directions of the Attachment Act. The court has no power to discharge the bail in a civil action, in order to render him a competent witness. In an action for... |
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Cases |
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| Ham v. Herriman |
1 Mart.(n.s.) 535, Supreme Court of Louisiana (September 01, 1823) |
1823 |
Appeal from the court of the sixth district. |
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Cases |
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| Harden v. Gordon |
2 Mason 541, Circuit Court, D Maine (October 01, 1823) |
1823 |
Appeal from the district court of the United States for the district of Maine. This was a suit for subtraction of wages, brought jointly against [Joshua Gordon and another] the master and the owner of the brig Enterprize, for wages earned by the plaintiff [William Harden] as mate on a voyage described in the shipping articles to be from the port of... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Harrington v. Commissioners of Roads of Newberry Dist. |
2 McCord 400, Constitutional Court of Appeals of South Carolina (May 01, 1823) |
1823 |
A clerk of the court is exempt from working on the roads. The decision of the commissioners of the roads, on a question within their jurisdiction, is conclusive. |
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Cases |
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