TitleCitationYearSummaryMost RelevantTypeStatus
Murray v. Dulany 3 Cranch C.C. 343, Circuit Court, District of Columbia (November 01, 1828) 1828 Assault and battery. The plaintiff [George Murray] was a mulatto.   Cases  
Nance v. Howard 1 Ill. 242, Supreme Court of Illinois (December 01, 1828) 1828 The point presented to the consideration of the court in this case, is whether a registered servant is liable to be taken and sold on execution? By the act concerning judgments and executions, approved January 17, 1825, all and singular, the goods and chattels, lands and tenements and real estate of a judgment debtor, shall be liable...   Cases  
Noble v. Martin 7 Mart.(n.s.) 282, Supreme Court of Louisiana (October 01, 1828) 1828 Appeal from the court of the sixth district, the judge of the fifth presiding.   Cases  
Overton v. Gervais 6 Mart.(n.s.) 685, Supreme Court of Louisiana (May 01, 1828) 1828 Appeal from the court of the first district.   Cases  
Percy v. Millaudon 6 Mart.(n.s.) 616, Supreme Court of Louisiana (April 01, 1828) 1828 Appeal from the court of the first district.   Cases  
Phoebe v. Jay 1 Ill. 268, Supreme Court of Illinois (December 01, 1828) 1828 This is an action of trespass, assault, battery, wounding, and false imprisonment, to which the defendant plead that the plaintiff, on the 26th day of November, 1814, before Wm. C. Greenup, clerk of the court of common pleas of Randolph county, Illinois territory, agreed to and with one Joseph Jay, the father of this defendant, and who is now...   Cases  
Pitkin v. Pitkin 7 Conn. 315, Supreme Court of Errors of Connecticut (June 01, 1828) 1828 1. An objection is taken to this bill, that it is nowhere alleged, that Flora has ever, as yet, stood in need of any support. It is indeed, averrred, that the executors have paid a large sum for her support; and that being aged and infirm, large sums will probably be wanted for her future support. These allegations do not lay a foundation to order...   Cases  
Planters' Bank v. Proctor 6 Mart.(n.s.) 531, Supreme Court of Louisiana (March 01, 1828) 1828 Appeal from the court of the first district.   Cases  
Plauche v. Gravier 6 Mart.(n.s.) 597, Supreme Court of Louisiana (March 01, 1828) 1828 Appeal from the court of the third district.   Cases  
Pope v. Nance 1 Stew. 354, Supreme Court of Alabama (January 01, 1828) 1828 THIS was a writ of error sued out by Pope and Hickman to reverse a judgement rendered in the Circuit Court of Madison county, in the same cause originally commenced by Nance & Co. against Pope and Hickman, and which was twice before tried in said Court, and has also been twice previously, on different points, submitted to the consideration of this...   Cases  
Powell v. Brown 1 Bail. 100, Court of Appeals of Law and Equity of South Carolina (May 01, 1828) 1828 A personal chattel may be limited over by deed without a conveyance to uses. vide 2 Kent's Com. 285-6. Although the habendum be to the donee and issue forever, the gift may be restricted by a subsequent clause in the deed containing a limitation over, on failure of issue of the donee. The grantor cannot take under a limitation over to his own heirs...   Cases  
Poydras v. Hiriart 6 Mart.(n.s.) 650, Supreme Court of Louisiana (April 01, 1828) 1828 Appeal from the court of the fourth district   Cases  
Poydras v. Hiriart 6 Mart.(n.s.) 403, Supreme Court of Louisiana (January 01, 1828) 1828 Appeal from the court of the fourth district.   Cases  
Pradere v. Berthelot 7 Mart.(n.s.) 133, Supreme Court of Louisiana (June 01, 1828) 1828 Appeal from the parish court of New-Orleans.   Cases  
Price v. Read 2 H. & G. 291, Court of Appeals of Maryland (June 01, 1828) 1828 This case is within the authority of Adams v Anderson. JUDGMENT AFFIRMED.   Cases  
Price v. White Bail.Eq. 244, Court of Appeals of Law and Equity of South Carolina (March 01, 1828) 1828 ?? The case made at the former hearing of the preceding cause, upon the merits of the bill, has been reported in the Carolina Law Journal, p. 297, et seq.; but as the copies of that valuable publication have become less generally accessible, than is desirable, and the case itself is frequently referred to, and is both important, and instructive, it...   Cases  
Pritchard v. Brown 4 N.H. 397, Superior Court of Judicature of New Hampshire (January 01, 1828) 1828 A resulting trust may be shown by parol evidence. When the consideration money is expressed in a deed of conveyance to be paid by the grantee, evidence that the money belonged to a third person does not go to contradict the deed. An acknowledgement in a deed of conveyance, that the consideration money has been paid, cannot be contradicted for the...   Cases  
Redford's Adm'r v. Peggy 6 Rand. 316, Supreme Court of Appeals of Virginia (March 29, 1828) 1828 The evidence of a witness as to hand-writing, who has formed an acquaintance with it, from seeing the party write, or from a course of correspondence, is not rendered incompetent, nor its weight impaired, by his having referred to papers in his own possession, known to be written by the party, to refresh his (the witness's) memory. By the whole...   Cases  
Rivers v. Loving 1 Stew. 395, Supreme Court of Alabama (January 01, 1828) 1828 JOHN LOVING brought covenant in Madison Circuit Court, against Eldridge K. Rivers and Robert Rivers, on a written obligation made by them. The writ was served on Eldridge only, Robert was returned not found. The declaration was against both. The plea was filed in short in those words: Plea covenants performed by consent. Replication and issue;...   Cases  
Ross' Ex'rs v. Holtzman 3 Cranch C.C. 391, Circuit Court, District of Columbia (December 01, 1828) 1828 Replevin. Case stated. The plaintiffs' testator died in January, 1822. His executors sold his personal estate after this distress, that is, after May 30, 1827. The taxes, for which the distress was levied, became due to the corporation of Georgetown upon his real estate, for the years 1821, 1822, 1825, and 1826; and to the levy court, for the...   Cases  
Roulin v. Sabatier 6 Mart.(n.s.) 429, Supreme Court of Louisiana (February 01, 1828) 1828 Appeal from the court of the parish and city of New-Orleans.   Cases  
Rust v. Gott 9 Cow. 169, Supreme Court, New York (August 01, 1828) 1828 All wagers on the event of an election are illegal and void, though made after the poll of election is closed, if before the canvass is complete. The state canvass of an election is not conclusive, but may be enquired into by a court of law, on its coming collaterally in question. On the validity of wagers generally, and bets on elections...   Cases  
Rust v. Gott 9 Cow. 169 (August 01, 1828) 1828 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  
Sanders' Heirs v. Morrison's Ex'rs 7 T.B.Mon. 54, Court of Appeals of Kentucky (April 18, 1828) 1828 Decree of the circuit court. Morrison filed his bill on an adverse conflicting entry, to recover land against Sanders, who held the elder grant. The court below gave him the relief prayed, and from that decree Sanders appealed. Morrison and Sanders have both died pending the appeal, and the cause has been revived in the name of their respective...   Cases  
Saxon v. Boyce 1 Bail. 66, Court of Appeals of Law and Equity of South Carolina (May 01, 1828) 1828 In an action by a gaoler for gaol-fees, the sheriff is not an incompetent witness for the plaintiff, unless it appear that he is interested in the event of the suit; and such interest is not to be presumed merely from his official relation to the plaintiff. When a debtor in execution escapes from prison, the gaoler forfeits his right of action...   Cases  
Semple v. Buhler 6 Mart.(n.s.) 469, Supreme Court of Louisiana (February 01, 1828) 1828 Appeal from the court of the third district.   Cases  
Singletary v. Singletary 7 Mart.(n.s.) 158, Supreme Court of Louisiana (July 01, 1828) 1828 Appeal from the court of the eighth district.   Cases  
Smith v. Edwards 2 H. & G. 411, Court of Appeals of Maryland (June 01, 1828) 1828 S assigned his entire stock of goods to E, but retained possession of it, went on with his business as usual, and made purchases from J, which when received into his store, were placed among the merchandise assigned to E. After some time S failed, and E took possession of all the goods in his store, (among which were some of the articles received...   Cases  
Somerall v. Gibbes 4 McCord 547, Court of Appeals of Law and Equity of South Carolina (April 01, 1828) 1828 This was a special action on the case against defendant, late Master in Chancery for the District of Charleston, for taking an insolvent person as surety on a guardianship bond of one Rhodes, who was appointed guardian to the plaintiff by the Court of Chancery, and the defendant was ordered to take the security. The case was tried before the...   Cases  
State Bank v. Wilson 1 Dev. 484, Supreme Court of North Carolina (June 01, 1828) 1828 The declarations of a creditor, or of his general agent, that his debt is discharged, is prima facie evidence of payment. Mere delay of the holder in collecting a note, will not discharge an endorser, who has been duly fixed with the payment. But if the holder, by a new contract, varies the obligation of the maker, and prevents the endorser from...   Cases  
State v. Chittem 2 Dev. 49, Supreme Court of North Carolina (December 01, 1828) 1828 It seems not to admit of a question, but that the record of the conviction and attainder of the principal, is prima facie evidence against the accessary, that the principal committed the crime, which the accessary is charged with inciting. This is the case although the conviction may have been had upon the confession of the principal, the only...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Gardner 2 Mo. 23, Supreme Court of Missouri (May 01, 1828) 1828 This was an indictment of a justice of the peace for a supposed misdemeanor in office; the indictment was demurred to, and the demurrer sustained: to reverse this judgment, the State brings the cause to this court by writ of error. The first section of the act of 4th January, 1825, Revised Code, 469, provides for the appointment of justices of the...   Cases  
State v. Jim 1 Dev. 508, Supreme Court of North Carolina (June 01, 1828) 1828 I understand the Judge as distinctly informing the Jury, when discussing the want of credit in a witness, arising from corruption or immorality, that although they should discredit a witness in part, because that in such part they thought the witness was both false and corrupt, yet they were at liberty, if they thought proper, to believe him in...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State, to Use of Griffin v. Hanson's Adm'x 2 H. & G. 437, Court of Appeals of Maryland (June 01, 1828) 1828 R, as the executor of T, entered into a testamentary bond on his estate. Upon the death of R, letters of administration de bonis non were granted to B. In an action on the bond executed by R, brought against his administratrix, to recover the distributive shares due to certain legatees under the will of T, the replication, in assigning the breach,...   Cases  
Sterling v. Luckett 7 Mart.(n.s.) 198, Supreme Court of Louisiana (September 01, 1828) 1828 Appeal from the court of the fifth districtthe judge of the seventh presiding.   Cases  
Stewart v. State, to Use of Riggin 2 H. & G. 114, Court of Appeals of Maryland (June 01, 1828) 1828 The court being called on to revise a judgment given by the county court on a case stated, their sole duty is to declare the law on those facts only which the statement contains. Inferences of law they are competent to draw; but circumstanced as this case is, it is not their province to make deductions of fact. Their powers are restricted within...   Cases  
Stith v. Hart's Heirs 6 T.B.Mon. 624, Court of Appeals of Kentucky (April 11, 1828) 1828 Hart's heirs, the lessors of the plaintiff in ejectment, gave in evidence a grant of the Commonwealth of Kentucky, to Joseph Hart, for 1,000 acres, bearing date 4th December, 1810, founded on a land office Treasury warrant, issued by the State of Virginia, entered on the 17th December, 1782, surveyed 15th April, 1809. Plaintiffs' grant from...   Cases  
Stokes v. O'Fallon 2 Mo. 32, Supreme Court of Missouri (May 01, 1828) 1828 This was a bill in chancery for dower, for a discovery, and for marshalling assets, &c. The record shows, that the complainant was the lawful wife of William Stokes, who was an alien. That in 1818, Stokes took the preparatory steps towards naturalization. That in 1823, Stokes died, possessed of considerable real and personal estate. That before his...   Cases  
Taylor v. Vick 1 Dev.Eq. 274, Supreme Court of North Carolina (December 01, 1828) 1828 The Plaintiff, however much to be pitied, for in justice she is entitled to the whole estate of her son, real as well as personal, in preference to a remote collateral heir, and the more especially in this case, as she furnished most of the funds with which the lands were purchased, yet has no grounds on which she can stand. For we are clearly of...   Cases  
The Spartan 1 Ware 130, District Court, D Maine (July 01, 1828) 1828 This was a libel by James Poland and others, against the freight and cargo of The Spartan (Jacob Quincy, Charles Fox, Joseph E. Foxcraft, and Robert H. Thayer, claimants). The facts upon which this case turns, lie in a narrow compass, and are not controverted. William J. and Charles E. Quincy chartered the brig Spartan of Zadock Prince and others,...   Cases  
Tomlinson's Adm'rs v. Mason 6 Rand. 169, Supreme Court of Appeals of Virginia (March 03, 1828) 1828 In debt on a bond, a plea, that the bond was obtained by fraud, covin, &c. without saying whether the fraud was in the consideration of the bond, or in its execution, is immaterial. Where property is sold, a bond taken, suit brought, and the Defendant pleads that the property was of less value than it was represented to be, such defence, sounding...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Toten v. Case 7 Mart.(n.s.) 261, Supreme Court of Louisiana (October 01, 1828) 1828 Appeal from the court of the sixth district-the judge of the seventh presiding.   Cases  
U.S. v. Graves 2 Brock 379 (May 01, 1828) 1828 At law.   Cases  
Volant v. Lambert 6 Mart.(n.s.) 555, Supreme Court of Louisiana (March 01, 1828) 1828 Appeal from the court of the first district.   Cases  
Walker v. Johnson & Lozier 4 McCord 552, Court of Appeals of Law and Equity of South Carolina (April 01, 1828) 1828 The defendant, Johnson, leased to Charles Urquhart, a store in the city of Charleston, and he again underlet a part of the premises to John Magrath. Urquhart was a commission merchant, and Magrath a factor; each appropriated their respective apartments to the purposes of their pursuits, and the plaintiff, Walker, deposited some sugars in those...   Cases  
Wamack v. Kemp 6 Mart.(n.s.) 477, Supreme Court of Louisiana (February 01, 1828) 1828 Appeal from the court of the eighth district.   Cases  
Washington's Lessee v. Trousdale 8 Tenn. 385, Supreme Court of Errors and Appeals of Tennessee (January 01, 1828) 1828 The simple question presented is, was the mortgage deed to the banks void as against the purchaser at execution sale? This depends upon our register acts. How they stood at the time this deed was executed will form the only ground of inquiry, for such has been the want of care and disregard of all system upon the subject of registering deeds that...   Cases  
Weathersby v. Latham 7 Mart.(n.s.) 310, Supreme Court of Louisiana (October 01, 1828) 1828 Appeal from the court of the 6th districtthe judge of the 5th presiding.   Cases  
White v. Clarke 7 T.B.Mon. 640, Court of Appeals of Kentucky (December 01, 1828) 1828 Bill by Turner Clark for distribution. Turner Clarke, one of the children and distributee of the estate of his father, Jesse Clarke, deceased, filed his bill in equity against Durret White and Lucy his wife, who was the widow and administratrix of the deceased Jesse Clarke, and others, to compel an account of the personal estate, the hire of the...   Cases  
Wilkinson v. Perrin 7 T.B.Mon. 214, Court of Appeals of Kentucky (April 29, 1828) 1828 Parties. Practice in this Court. Executor. Distributees. ERROR TO THE MADISON CIRCUIT; GEORGE SHANNON, JUDGE. Bill by L. Wilkinson. Lydia Wilkinson, one of the daughters and devisees of Joseph Perrin, deceased, filed her bill for a settlement and distribution of the estate of her father, making Josephus Perrin the son and administrator, as well as...   Cases  
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