TitleCitationYearSummaryMost RelevantTypeStatus
Pope v. Bradley 3 Hawks 16, Supreme Court of North Carolina (June 01, 1824) 1824 A Sheriff advertised property to be sold on a certain day, and, afterwards, recollecting that it was the general election day, made known that he would open the sale for form, and postpone it to the succeeding day; he did so, and in a contest between a bidder of the first, and a bidder of the second day, it was held that the Sheriff might well...   Cases  
Price ads. Justrobe Harp. 111, Constitutional Court of Appeals of South Carolina (January 01, 1824) 1824 The granting of a continuance, is a matter for the discretion of the judge before whom the cause is brought. A note, promising to deliver so many barrels of rice as will amount to two hundred dollars, at one dollar per cwt. another, for the delivery of twenty-five barrels of rice, at one dollar and twenty-five cents, per cwt: Held that the...   Cases  
Prudhomme v. Dawson 3 Mart.(n.s.) 161, Supreme Court of Louisiana (September 01, 1824) 1824 Appeal from the court of the sixth district.   Cases  
Pursell v. Archer Peck 317, Supreme Court of Errors and Appeals of Tennessee (May 01, 1824) 1824 In an action for slanderous words the declaration must state that the words complained of were spoken by the defendant. If the words spoken were in substance, though not precisely, the same as laid, they will be sufficient to support the declaration; as, where the averment is, you forged, and the proof is, he...   Cases  
Roberts v. Rodes 3 Mart.(n.s.) 100, Supreme Court of Louisiana (September 01, 1824) 1824 Appeal from the court of the sixth district.   Cases  
Sikes v. Allen 2 Mart.(n.s.) 622, Supreme Court of Louisiana (June 01, 1824) 1824 Appeal from the court of the first district.   Cases  
Simms v. Kirtley 1 T.B.Mon. 79, Court of Appeals of Kentucky (October 11, 1824) 1824 Evidence, Partnership Books, Practice. APPEAL FROM THE HARRISON CIRCUIT; JOHN TRIMBLE, JUDGE. Statement of the case. This is a case of mutual account, arising from partnership transactions, with an injunction, and both parties pray an account to be taken by commissioners; but the court dissolved the injunction and dismissed the bill. (1.) If the...   Cases  
Singleton v. Bremar Harp. 201, Constitutional Court of Appeals of South Carolina (January 01, 1824) 1824 Letters, which were received through the Post-Office, may be submitted to the jury, to infer whether they were written by the direction of the plaintiff, who cannot write, on internal evidence; such as that they state facts which could only be known to the plaintiff, or contain many circumstances which could relate to no other person. As between...   Cases  
Slack v. Littlefield Harp. 298, Constitutional Court of Appeals of South Carolina (March 01, 1824) 1824 Trover for Cotton. The proof of conversion relied on was, that defendant having lost cotton, and having cause to suspect that it was in plaintiff's possession, obtained a search warrant and was in company with the constable who seized cotton, answering the description of defendant's, in plaintiff's possession. No proof of a demand on defendant, or...   Cases  
Smith v. Smith Harp.Eq. 160, Court of Appeals of Equity of South Carolina (April 01, 1824) 1824 Testator devised to his daughter the lands whereon she now lives, and after her death, to her children. She then lived, with her husband, on land of the testator, in North Carolina. Testator had another parcel of land adjoining the above, in South Carolina, which was considered to form one with it, and both were occupied together by...   Cases  
Smoot v. Baldwin 3 Mart.(n.s.) 84, Supreme Court of Louisiana (September 01, 1824) 1824 Appeal from the court of the sixth district.   Cases  
State v. Isham 3 Hawks 185, Supreme Court of North Carolina (June 01, 1824) 1824 The Superior Court could only judge by inspection, whether the record produced, was an exemplification under the seal of the Duplin Superior Court; and as the impression of the seal is not more visible to us, than it was to the Judge who decided the case, it cannot be said that he has erred in point of law. The certificate of the Clerk might have...   Cases  
Stoney v. McNeill Harp. 156, Constitutional Court of Appeals of South Carolina (January 01, 1824) 1824 After pleading to the merits, it is too late to take advantage of the plaintiff's omissson to make oath of the debt or sum demanded, at the time of filing his declaration, in a proceeding by attachment. A person who is in possession of a bond, assigned in blank, is in law, prima facie, the owner; and the obligor making payment to such holder, bona...   Cases  
Streator v. Jones 3 Hawks 423, Supreme Court of North Carolina (December 01, 1824) 1824 On a bill filed, alleging that an absolute deed executed by complainant to defendant was executed in pursuance of a contract for the loan of money, and that the land was to be redeemable by the parol contract of the parties; the Court, without meaning to contravene the rule which forbids parol evidence to contradict, vary or add to the terms of a...   Cases  
Taylor v. Moore 2 Rand. 563, Supreme Court of Appeals of Virginia (June 16, 1824) 1824 Where a deed of trust is impeached as fraudulent, the trustee may be a witness, if he has no interest in the support of the deed, and no participation in the alledged fraud. If a married woman relinquishes dower in lands, under a promise that other property shall be settled on her as a compensation, such settlement will be good, although made after...   Cases  
Taylor v. Parsley 3 Hawks 125, Supreme Court of North Carolina (June 01, 1824) 1824 A. conveyed, by deed of trust, his real estate to trustees, to satisfy creditors, and continuing in possession, died; his widow is not entitled to dower therein. Ejectment, tried before Paxton, Judge.--On the trial of this cause, it appeared, that on the 18th day of November, 1820, Robert Parsley, of Wake County, was seised in...   Cases  
Teague v. Dunlap Harp.Eq. 97, Court of Appeals of Equity of South Carolina (April 01, 1824) 1824 An administratrix purchased at her own sale, property of the estate to a large amount, at a high price. Her administration was afterwards, at her own instance, revoked, and complainant appointed administrator de bonis non. To him the administratix surrendered (as having been incapable to purchase on account of her character of administratrix,) all...   Cases  
Terrel v. Ligon Walker 170, Supreme Court of Mississippi (December 01, 1824) 1824 Under the statute of this state allowing double damages to the landlord, where the tenant replevies the goods destrained for rent found to be justly due, and in arrear, the landlord is not entitled to double damages, where he obtains a verdict for only part of the sum claimed by him as due for rent.   Cases  
Thompson v. Hodges 3 Hawks 51, Supreme Court of North Carolina (June 01, 1824) 1824 A sale by a Sheriff, en masse, of tracts of land adjoining each other, will be supported. This was an action of ejectment, tried in Cumberland Superior Court, before Norwood, Judge. The facts, as they appeared below, were the following: The lessor of the Plaintiff, purchased the lands in dispute, of James Atkins and John Thames, and made title as...   Cases  
Torregano v. Segura's Syndic 2 Mart.(n.s.) 158, Supreme Court of Louisiana (February 01, 1824) 1824 Appeal from the court of the first district.   Cases  
Town of Griswold v. Town of North-Stonington 5 Conn. 367, Supreme Court of Errors of Connecticut (July 01, 1824) 1824 Select-men are not empowered, virtute officii, to submit to arbitrament a question regarding the settlement of a pauper, which involves the right or liability of the town. By the act of February, 1781, providing that any soldier in the continental army, who should be credited to any town in this state as part of its quota, should be considered as a...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Tribble v. Frame 5 Litt. 187, Court of Appeals of Kentucky (May 27, 1824) 1824 John Speed Smith, claiming the paramount legal title to a tract of land of which William Frame, sen., was possessed, brought an action of ejectment against Frame, to recover the possession. If the plaintiff in an ejectment, having recovered a judgment, conveys his right and title to another, the vendee is invested with the legal right of entry and...   Cases  
Trimble v. Webb 1 T.B.Mon. 100, Court of Appeals of Kentucky (October 13, 1824) 1824 Assignor and Assignee. APPEAL FROM THE MONTGOMERY CIRCUIT; SILAS W. ROBBINS, JUDGE. Statement of the case. To secure a debt due from Thomas J. Garrett to Lane and Taylor, Garrett executed his note to David Trimble and Ashton Garrett, who had promised to be come his endorsers, and they endorsed the note in blank and delivered it to said Lane and...   Cases  
U.S. v. Jones Brunn.Coll.C. 462, Circuit Court, D New York (April 01, 1824) 1824 Mr. Tillotson opened the case on the part of the United States, and presented to the jury the outlines of the evidence which would be adduced. He said the murder was committed on the high seas, in 1818. The brig Holkar sailed from the port of N. Y. in Oct., 1818, under Captain Brown, and a coloured crew, with the exception of one man. The brig...   Cases  
Ulzire v. Poeyfarre 2 Mart.(n.s.) 504, Supreme Court of Louisiana (May 01, 1824) 1824 Appeal from the court of the parish and city of New Orleans.   Cases  
Urquhart v. Clarke 2 Rand. 549, Supreme Court of Appeals of Virginia (June 11, 1824) 1824 What uncertainty in the description of the subject, in ejectment, will be tolerated? Where a husband conveys the property of his wife, with warranty against the claims of himself and his heirs, his children, deriving title from their mother, will not be affected by the warranty. The doctrine of collateral warranty examined. This was an appeal from...   Cases  
VALIDITY OF THE SOUTH CAROLINA POLICE BILL. 1 U.S. Op. Atty. Gen. 659 (May 08, 1824) 1824     Administrative Decisions & Guidance  
Voorhies v. Mulhollan 3 Mart.(n.s.) 70, Supreme Court of Louisiana (September 01, 1824) 1824 Appeal from the court of the sixth district.   Cases  
Wall v. Hampton 2 Mart.(n.s.) 361, Supreme Court of Louisiana (April 01, 1824) 1824 Appeal from the court of the second district.   Cases  
Weimprender's Syndics v. Weimprender 2 Mart.(n.s.) 591, Supreme Court of Louisiana (June 01, 1824) 1824 Appeal from the court of the first district.   Cases  
Whelan v. Whelan 3 Cow. 537, Court for the Correction of Errors of New York (January 01, 1824) 1824 W. a man, 74 years of age, owning a considerable real estate, the father of 7 children, and whose wife was sickly and irritable, was troubled for several years with dissensions among his children about the management of his property, his wife taking part with all his children on one side, except Wm. & J. two of his sons, who took part with him; and...   Cases  
Wicks v. Commonwealth 2 Va.Cas. 387, General Court of Virginia (June 01, 1824) 1824 It is not proper, or necessary, that an Indictment for murder should charge it as murder in the first degree, or use that description, which, according to the Statute, constitutes that degree of the offence. An Indictment for murder, in the technical language of the Common Law, is correct, and under such Indictment, a prisoner may be convicted of...   Cases  
Wike v. Lightner Supreme Court of Pennsylvania (May 29, 1824) 1824 The error assigned in this case, is, the rejection of certain parts of the deposition of George Thompson, a witness, examined in the court below, on the part of the plaintiff. The object of Thompson's testimony was, to discredit a witness of the name of York Frever, who had been examined on the part of the defendant. The first interrogatory put to...   Cases  
Williams v. Averitt 3 Hawks 308, Supreme Court of North Carolina (December 01, 1824) 1824 It is evident that the merits of this case were not before the jury; and it is more than likely that the decision in Kelly v. Goodbread's Exrs., (N. C. Term Rep. 28.) was the cause of it. It is very true as is said in that case, that permission to receive testimony will always be granted or withheld according to the nature of the action, the...   Cases  
Williams v. Blincoe 5 Litt. 171, Court of Appeals of Kentucky (May 25, 1824) 1824 FROM THE HARDIN CIRCUIT COURT, THE HON. PAUL I. BOOKER SOLE JUDGE. The appellant, being a justice of the peace, permitted a bright mulatto single woman, to make oath before him, that the appellee was the father of her bastard child, and thereupon issued his warrant of arrest in the usual form, by which the appellee was arrested and recognized to...   Cases  
Wilson v. Hightower 3 Hawks 76, Supreme Court of North Carolina (June 01, 1824) 1824 All the Defendants, in this case, claim the property under the will of their father, except William, who received a tract of land by way of advancement, as to which, if the question had been undecided, I should have thought it was to be brought into hotchpot, upon his claiming a share of the personal estate. But, though I did not concur in the...   Cases  
Wilson v. Twitty 3 Hawks 44, Supreme Court of North Carolina (June 01, 1824) 1824 There are no particular rules of conduct prescribed by positive enactment to Sheriffs, in the sale of lands; but it is their duty to sell in that way by which most money will probably be raised; a sale en masse, of several tracts of land, held under distinct titles, and not lying contiguous, was supported; however, where it did not appear that...   Cases  
Winny v. Whitesides 1 Mo. 472, Supreme Court of Missouri (November 01, 1824) 1824 This was an action of assault and battery, and false imprisonment, commenced in conformity to the statute, in the Superior Court of the Territory, and afterwards transferred by law to the Circuit Court of St. Louis county. The declaration is in the common form; the plea is special, and justifies by stating that the plaintiff was the defendant's...   Cases  
Abat v. Casteres 3 Mart.(n.s.) 220, Supreme Court of Louisiana (January 01, 1825) 1825 Appeal from the court of the parish and city of New-Orleans.   Cases  
Andrews v. Herriott 4 Cow. 508, Supreme Court, New York (August 01, 1825) 1825 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 seal. The form of the action relates to the remedy, and is governable by the lex fori. ACTION of covenant tried before THROOP, C. Judge, at the Onondaga Circuit,...   Cases  
Andrews v. Herriott 4 Cow. 508 (August 01, 1825) 1825 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  
Anthony v. Leftwich's Representatives 3 Rand. 238, Supreme Court of Appeals of Virginia (March 03, 1825) 1825 This is a bill for the specific execution of a parol agreement for land, upon the ground of part performance. The answers deny the agreement, and the acts of part performance. Before entering into the particular merits of the case, I may be permitted to make one or two general remarks on the subject. A service of twelve years in the Court of...   Cases  
Aubert v. Buhler 3 Mart.(n.s.) 489, Supreme Court of Louisiana (April 01, 1825) 1825 Appeal from the court of the third district.   Cases  
Bailey v. Duncan's Ex'x 2 T.B.Mon. 20, Court of Appeals of Kentucky (April 28, 1825) 1825 Devise, Executors, &c., Guardian and Ward, Equity, Error. ERROR TO THE BATH CIRCUIT; SILAS W. ROBBINS, JUDGE. John Bailey, and Mary, his wife, late Mary Duncan, instituted a suit in chancery, in the Bath circuit court, against the executrix and devisees of Isaac Duncan, sen. for a division and distribution of his estate. The bill charges that the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Bainridge v. Clay 4 Mart.(n.s.) 56, Supreme Court of Louisiana (July 01, 1825) 1825 Appeal from the court of the first district.   Cases  
Bell v. Strother 3 McCord 207, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) 1825 The delivery of property, on the marriage of a child, is presumption of a gift, and will be considered as such, unless there be something to counteract the presumption, and this without regard to time.   Cases  
Bonne v. Powers 3 Mart.(n.s.) 458, Supreme Court of Louisiana (March 01, 1825) 1825 Appeal from the parish court of the parish and city of New-Orleans.   Cases  
Bowyer v. Creigh 3 Rand. 25, Supreme Court of Appeals of Virginia (December 05, 1825) 1825 Where personal property is taken in execution, and a third person applies to a Court of Equity to stop the sale, on the ground of a prior incumbrance, the Court has no jurisdiction in such a case; the rule being, that a Court of Equity cannot interfere where the plaintiff claims as an incumbrancer merely; and when he claims as owner of the...   Cases  
Brent v. Ervin 3 Mart.(n.s.) 303, Supreme Court of Louisiana (January 01, 1825) 1825 Appeal from the court of the fourth district.   Cases  
Brooking v. Wade 3 Mart.(n.s.) 513, Supreme Court of Louisiana (April 01, 1825) 1825 Appeal from the court of the third district.   Cases  
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