TitleCitationYearSummaryMost RelevantTypeStatus
State v. Waterhouse 8 Tenn. 278, Supreme Court of Errors and Appeals of Tennessee (January 01, 1827) 1827 The proper interpretation of the constitutional and common-law provision, that no person shall, for the same offense, be twice put in jeopardy of life or limb, admits of doubt. The weight of authority is, that a court, in the exercise of a sound discretion, may discharge a jury, even in a capital case, and that the defendant may be again tried....   Cases  
State v. Wier 1 Dev. 363, Supreme Court of North Carolina (December 01, 1827) 1827 On the first question arising on the motion for a new trial, as to the competency of Jones, the decision of the Superior Court was in conformity to the principles of the Common Law, and the long established course of practice in this State. In deciding upon the competency of a witness, the Court can exclude him, only after conviction of an infamous...   Cases  
Suttles v. Whitlock 4 T.B.Mon. 451, Court of Appeals of Kentucky (April 24, 1827) 1827 Pleading. Verdict. Damages. Error. Affidavits to Pleas Abatement. Obligations. Dates. ERROR TO THE GREEN CIRCUIT; CHRIS'R. TOMPKINS, JUDGE. The damages in the writ, and declaration in covenant, are laid at $150; the verdict and judgment for the damages, exceed those laid in the writ and declaration. For this the judgment must be reversed. Were this...   Cases  
Teague v. Dendy 2 McCord Eq. 207, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) 1827 A suit in equity cannot be maintained against the sureties on an administration bond. The remedy is at law. The sureties after answering in full as to the merits, may object in the answer to the jurisdiction. An answer to the merits does not deprive the defendants of any legal objection insisted on in the answer. It is a sufficient answer to a bill...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Thatcher v. Walden 5 Mart.(n.s.) 495, Supreme Court of Louisiana (March 01, 1827) 1827 Appeal from the court of the first district.   Cases  
The Antelope 25 U.S. 546, Supreme Court of the United States (March 15, 1827) 1827 THIS is the same cause which is reported ante, vol. X. p. 66. and vol. XI. p. 413. and was again brought before the Court upon a further appeal, and certificate of a division of opinions as to the proceedings of the Court below in execution of the former decrees of this Court. Further explanation of the decree of this Court, in S. C., ante Vol. X....   Cases  
Thomas' Trustees v. Brashear 4 T.B.Mon. 65, Court of Appeals of Kentucky (January 18, 1827) 1827 Pleading in Chancery. Practice. Injunction. Damages. Statutes. Rescission of Contracts. Trustees, and Cestui que Trusts. Bar by Former Decision. ERROR TO THE NELSON CIRCUIT; PAUL I. BOOKER, JUDGE. The appellants, who were complainants, as trustees of Edward S. Thomas and family. filed their bill in the court below, alleging that said Edward and his...   Cases  
Thomas v. Sheppard 2 McCord Eq. 36, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) 1827 Equity will not settle the wife's estate upon her, after the husband has once reduced it to possession. Where there is a legal capacity there cannot be an equitable incapacity. No ground for relief against a contract that it was injudicious. The court only settles the wife's equity upon her where it is necessary for the husband, or those claiming...   Cases  
Thompson v. Proprietors of Androscoggin Bridge 5 Greenl. 62, Supreme Judicial Court of Maine (May 01, 1827) 1827 The question upon the issue in this case is, whether the tenants have more right to hold the demanded premises in fee than the demandants have to recover them. The seisin of Samuel Thompson was proved, and the demandants are his heirs at law, and are entitled to maintain this action, unless, by the act incorporating the proprietors, or by the...   Cases  
Trustees of Quaker Soc. v. Dickenson 1 Dev. 189, Supreme Court of North Carolina (June 01, 1827) 1827 The inquiry is in a Court of Law, which cannot examine into the invalidity of trusts, but can only ask whether the Plaintiffs have a legal title. The amount of the charge is, that a religious Society shall not take property which they are not to derive a benefit from, or that it cannot take what it cannot enjoy. The capacity of the corporation must...   Cases  
Underwood v. Lane 1 Dev. 173, Supreme Court of North Carolina (June 01, 1827) 1827 The rule for a new trial seems to have been obtained on the ground that evidence ought not to have been received of the contents of the judgment and executions, unless their absence had been better accounted for. It appeared that McNeill, the real Plaintiff in the judgment, and the Justice of the Peace who rendered the judgment and issued the...   Cases  
Vance v. Connell Walker 254, Supreme Court of Mississippi (December 01, 1827) 1827 The penalties inflicted by the statute upon a sheriff for omitting to levy an cxecution, or for failing to pay over money collected on an execution, cannot be recovered without notice to the sheriff of the motion against him.   Cases  
Vaughan v. Phebe 8 Tenn. 5, Supreme Court of Errors and Appeals of Tennessee (January 01, 1827) 1827 This Court, I conceive, are not bound by the Virginia decisions. The rule that the courts of one State should be bound by a decision of another State is confined exclusively to cases where the courts of the latter State have put a construction upon their own statutes, or have decided upon rights to real property originating under their laws. This...   Cases  
Warfield v. Castleman 5 T.B.Mon. 517, Court of Appeals of Kentucky (October 09, 1827) 1827 Dower. Lapse of Time. Evidence. APPEAL FROM THE WOODFORD CIRCUIT; WILL. L. KELLY, JUDGE. Warfield, who married the widow of Nathaniel Wilson, deceased, together with his wife, brought their suit in chancery, for the purpose of recovering dower in a lot of ground, in the town of Lexington, now in the possession of Castleman, the title to which...   Cases  
Warren v. Brooks 7 Cow. 218 (January 01, 1827) 1827 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  
Watts v. Greenlee 1 Dev. 210, Supreme Court of North Carolina (June 01, 1827) 1827 In this case, it is clear that there is error both in the Judge's charge to the Jury and in rendering judgment on the record, properly so called.--We will examine the first point only, for should there be a defect in the pleadings, we very plainly perceive, that there is sufficient substance in the declaration to support an action, and the Judge...   Cases  
Watts v. Watts 2 McCord Eq. 77, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) 1827 An executor, administrator or other trustee, who bona fide advances money for the estate, is entitled to be refunded out of the estate.   Cases  
Webb's Heirs v. Webb's Adm'r 6 T.B.Mon. 163, Court of Appeals of Kentucky (November 30, 1827) 1827 Upon a bill by the heirs and distributees of William S. Webb, against the administrator, for account and distribution, the court decreed in favor of the complainants, the sum of two thousand one hundred and eighty-nine dollars, with interest from the decree until paid, and both parties have appealed. Decree of the circuit court. The amount with...   Cases  
Wells v. Hunter 6 Mart.(n.s.) 311, Supreme Court of Louisiana (October 01, 1827) 1827 Appeal from the court of the sixth district.   Cases  
Winstanley v. Savage 2 McCord Eq. 435, Court of Appeals of Law and Equity of South Carolina (February 01, 1827) 1827 Non-residents cannot be made parties, unless they have property in the State. A legacy being due to them is not sufficient, especially where the legacy has been so long unpaid as to raise the presumption of satisfaction. Property gives jurisdiction. In some cases a creditor may join a legatee in a suit against an executor; but they cannot be sued...   Cases  
Wolcott v. Eagle Ins. Co. 4 Pick. 429, Supreme Judicial Court of Massachusetts (March 01, 1827) 1827 Live animals, and the freight of them, are not protected by a policy of insurance in general terms upon cargo and freight, but are the subjects of a particular insurance. So goods laden on deck are not protected under those general terms. So of provender put on board for the sustenance of live animals on the voyage, although with an intention of...   Cases  
Wood v. Barringer 1 Dev.Eq. 67, Supreme Court of North Carolina (June 01, 1827) 1827 Whatever may be the character of the statement which the Defendant calls a settled account, it certainly is not such a statement or settlement, as precludes a bill for an account, and drives the Plaintiffs to a bill to surcharge and falsify. It may, and possibly should have some weight in taking the account, particularly where the person who stated...   Cases  
Wright v. Wright 2 McCord Eq. 185, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) 1827 Executors, their commissions and mode of accounting. What interest charged. Costs incurred in suits relative to the estate ought to be allowed an executor, unless good reasons be shown against it. The court of appeals can only lay down rules by which cases are to be governed. The facts of the case are to be investigated by the commissioner and...   Cases  
Yocum v. Bullit 6 Mart.(n.s.) 324, Supreme Court of Louisiana (October 01, 1827) 1827 Appeal from the court of the sixth district.   Cases  
Young ads. Plumeau Harp. 543, Court of Appeals of Law and Equity of South Carolina (March 01, 1827) 1827 The opinion of the Court was delivered by The first ground of this motion involves a question of practice, which appears not to have been fully understood. The case of Farrow v. Mays, 1 Nott & M'Cord, 315, would seem to authorize the rule laid down by the Recorder. A distinction is there taken between a defence which strikes at the entire cause of...   Cases  
Adams v. Gainard 7 Mart.(n.s.) 244, Supreme Court of Louisiana (October 01, 1828) 1828 Appeal from the court of the 7th district-the judge of the fifth presiding.   Cases  
Allen v. Martin 7 Mart.(n.s.) 300, Supreme Court of Louisiana (October 01, 1828) 1828 Appeal from the court of the sixth district-the judge of the 5th district presiding.   Cases  
Allison v. Farmers' Bank 6 Rand. 204, Supreme Court of Appeals of Virginia (March 27, 1828) 1828 In an action of debt on a bond conditioned for the faithful discharge of the duties of an office, the Declaration need not set forth the particular persons from whom money was received, nor the sums received from each, nor the time when the breaches were committed, if it appears that they occurred during the continuance of the Defendant in his...   Cases  
American Ins. Co. v. 356 Bales of Cotton 26 U.S. 511, Supreme Court of the United States (January 01, 1828) 1828 The Constitution of the United States confers, absolutely, on the government of the Union, the power of making war, and of making treaties. Consequently, that government possesses the power of acquiring territory, either by conquest or by treaty. (542) The usage of the world is, if a nation be not entirely subdued, to consider the holding of...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Archer v. Deneale 26 U.S. 585, Supreme Court of the United States (January 01, 1828) 1828 The testator, residing and owning real and personal estate in the county of Alexandria, District of Columbia, by his will gave all his estate, real and personal, to his wife during her life, for the use and purpose of raising and educating his children, each child at the age of twenty-one to be entitled to an equal portion of his estate, real and...   Cases  
Barbineau's Heirs v. Castille 7 Mart.(n.s.) 186, Supreme Court of Louisiana (September 01, 1828) 1828 Appeal from the court of the fifth districtthe judge of the seventh presiding.   Cases  
Barnes v. Dickinson 1 Dev.Eq. 273, Supreme Court of North Carolina (December 01, 1828) 1828 I cannot perceive upon what grounds this bill can be sustained. If the Plaintiff has any title, it is a legal one, unmixed with any principle of Equity, and not beyond the reach of ordinary tribunals to afford relief. He has had a trial at law upon the merits, and has failed.   Cases  
Barret v. Gaston 1 Ill. 255, Supreme Court of Illinois (December 01, 1828) 1828 In this case it is manifest, the proceedings on the writ of error can not be sustained. The cause of action is for a tort, and could not survive against the executor of James Gaston, who has been made defendant in error. Suppose this court were to reverse the judgment of the circuit court, what object could be gained by such reversal? The executor...   Cases  
Bennett v. Black 1 Stew. 494, Supreme Court of Alabama (July 01, 1828) 1828 THIS was an action brought by Black in the Circuit Court of Madison county, against the plaintiff in error, for having maliciously prosecuted him for the crime of robbery. There was a verdict for the plaintiff below and judgement, which Bennett now seeks to reverse. The declaration avers the prosecution to have been for a robbery; the bill of...   Cases  
Blodget v. Brent 3 Cranch C.C. 394, Circuit Court, District of Columbia (December 01, 1828) 1828 At law. Writ of dower in forty-two acres of land. By the case stated, it appears that the marriage, the seizin in fee by Samuel Blodget, the husband [of Rebecca Blodget, plaintiff], during the coverture, and his death in 1814, were admitted. On the 14th of October, 1816, the defendant [Robert Y. Brent] purchased the premises at a sale made under a...   Cases  
Bouldin v. Alexander 7 T.B.Mon. 424, Court of Appeals of Kentucky (June 26, 1828) 1828 Injunctions. Jurisdiction. Replevin. Execution. APPEAL FROM THE TRIGG CIRCUIT; BENJ. SHACKELFORD, JUDGE. This is a bill in equity, enjoining an execution from selling, through the hands of the sheriff, two flat bottom boats, lying at Boyd's landing on Cumberland river. At the time of the seizure of these boats, Alexander, the complainant, below was...   Cases  
Brandon v. Planters' & Merchants' Bank of Huntsville 1 Stew. 320, Supreme Court of Alabama (January 01, 1828) 1828 THOMAS and WILLIAM BRANDON as copartners, brought an action of trover in the Circuit Court of Madison county, against the President, Directors and Company of the Planters and Merchants' Bank of Huntsville, and declared for the conversion of certain bank bills, issued by said Bank, two hundred and seven in number, describing them as amounting in all...   Cases  
Brodess v. Thompson 2 H. & G. 120, Court of Appeals of Maryland (June 01, 1828) 1828 The appellee in this case brought an action of assumpsit in Dorchester county court, to recover compensation for certain buildings, erected by him on the land of the appellant. He had been under the guardianship of Thompson, and while he was his ward, the buildings were put up, under the order, and with the approbation of the orphans court of that...   Cases  
Brown v. Killingsworth 4 McCord 429, Court of Appeals of Law and Equity of South Carolina (January 01, 1828) 1828 A feme covert, though living apart from her husband on her separate estate, cannot be sued without joining the husband. Where the husband has abjured the realm, the wife is considered as a feme sole, and may sue and be sued alone.   Cases  
Caldwell v. May 1 Stew. 425, Supreme Court of Alabama (January 01, 1828) 1828 THE points shewn by the record on which the decision of this cause turned, appear in the opinion of the Court.   Cases  
Chapline v. Moore 7 T.B.Mon. 150, Court of Appeals of Kentucky (April 19, 1828) 1828 Infants. Executors. Guardians. Fees of Counsel. Distribution. Husband and Wife. Commission. Interest. Accounts. Parties. Practice. CROSS APPEALS FROM THE MERCER CIRCUIT; W. L. KELLY, JUDGE. Parties. Lawson Moore, George Moore and William Moore were brothers. George died in 1810, in the county of Westmoreland, in the State of Virginia, leaving his...   Cases  
Claytor v. Anthony 6 Rand. 285, Supreme Court of Appeals of Virginia (March 29, 1828) 1828 If a Deed of Trust be fairly executed to secure a just debt, it cannot be impeached for fraud, for any matter ex post facto. If a Deed of Trust be fair, and the sale under it be fair also, the Sheriff who levies an Execution (issued against the goods and chattels of the debtor in the Deed,) on the property so fairly sold, and in the possession of...   Cases  
Cocke v. McGinnis 8 Tenn. 361, Supreme Court of Errors and Appeals of Tennessee (January 01, 1828) 1828 The single question to be decided by the Court is, whether the replication is a good answer to the plea of the Statute of Limitations. 1st. It is contended on the part of the defendants in error, that Stone received the money as agent, in the capacity of gate-keeper, and held the same as a trustee; that the relation of trustee and cestui que trust...   Cases  
Coleman v. Cocke 6 Rand. 618, Supreme Court of Appeals of Virginia (December 17, 1828) 1828 According to the equitable and correct construction of our Statute concerning Executions, (section 3d,) if a creditor, by Judgment or Decree, sues out a Fi. Fa. which is levied, and returned satisfied in part only, he may take out another kind of Execution, as the Elegit, without pursuing the Fi. Fa. to a return of Nihil. Conveyances from a father,...   Cases  
Cole's Adm'r v. McRae 6 Rand. 644, Supreme Court of Appeals of Virginia (December 18, 1828) 1828 If there be several parties who claim to be paid their debts, and to be indemnified for securityship out of a debtor's land and chattels conveyed by Deeds, and there be an adversary creditor by Judgment, who claims to have the Deeds set aside for fraud, and the property sold to pay his Judgment-debt, an interlocutory Decree, which, without deciding...   Cases  
Cox v. Williams 7 Mart.(n.s.) 301, Supreme Court of Louisiana (October 01, 1828) 1828 Appeal from the court of the 6th district, the judge of the 5th district presiding.   Cases  
Daquin v. Coiron 6 Mart.(n.s.) 674, Supreme Court of Louisiana (May 01, 1828) 1828 Appeal from the court of the first district.   Cases  
Darden v. Allen 1 Dev. 466, Supreme Court of North Carolina (June 01, 1828) 1828 I think that the law was fully and correctly stated by the presiding Judge. No objection is made by the Defendant, to the charge on the first point; he objects to the second. I cannot well conceive how a possession is lost by one person, unless it is gained by another; they are correlatives. If I lose my goods and they remain lost for twenty years,...   Cases  
Davidson & Simpson v. Graves Ril.Eq. 232, Court of Appeals of Equity of South Carolina (April 01, 1828) 1828 The following decisions of the late Appeal Court, having been referred to in the above case, their insertion will, it is believed, be gratifying to the members of the bar, particularly as the able opinion of the late Mr. Justice Nott has never before been reported.   Cases  
Davis v. Barkley 1 Bail. 140, Court of Appeals of Law and Equity of South Carolina (December 01, 1828) 1828 The plaintiff, having distinct judgments against two defendants for the same debt, levied his execution on the goods of one of them, but directed the proceeds of the levy to be applied to the satisfaction of a junior judgment against the same defendant. Held, that the levy was a satisfaction of the senior judgment, and that the judgment against the...   Cases  
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