TitleCitationYearSummaryMost RelevantTypeStatus
Mosely v. Garrett 1 J.J.Marsh. 212, Court of Appeals of Kentucky (April 15, 1829) 1829 Bill to Foreclose a Mortgage. ERROR TO THE MONTGOMERY CIRCUIT; SILAS W. ROBBINS, JUDGE. State of complainant's bill. Mosely, the plaintiff in error, filed his bill in the Montgomery circuit court, against Ashton Garrett, David Trimble, Peter R. Garrett and John Peebles, for the purpose of foreclosing a mortgage, executed on the 25th of September,...   Cases  
Mounot v. Williamson 7 Mart.(n.s.) 381, Supreme Court of Louisiana (January 01, 1829) 1829 Appeal from the court of the second districtthe judge of the 8th presiding.   Cases  
Newsum v. Newsum 1 Leigh 86, Supreme Court of Appeals of Virginia (February 01, 1829) 1829 If an adm'r sell a chattel, whereof his intestate died possessed, but which in truth belonged of right to another, and apply the proceeds to payment of his intestate's debts in due course of administration, without any notice of the right or claim of the true owner, he is personally liable to the true owner for the value, in trover brought by the...   Cases  
Nichol v. Thompson 9 Tenn. 151, Supreme Court of Errors and Appeals of Tennessee (January 01, 1829) 1829 The whole case turns upon this question: was the original simple contract debt extinguished by the acts done by Nichol and Thompson? If the note given by Nichol to Fletcher, and endorsed by Fletcher to Thompson, was done understandingly with a view to satisfaction of the debt, then there was an extinguishment, and the facts could be shown as an...   Cases  
Noland v. Johnson 1 J.J.Marsh. 9, Court of Appeals of Kentucky (January 22, 1829) 1829 Set Off in Equity. Pleading. Usury. Jurisdiction. ERROR TO THE MADISON CIRCUIT; GEORGE SHANNON, JUDGE. Judgment at law. In 1816, Jesse Noland executed his note to Richard Johnson for $100; on which (it being assigned to Shadrack Williams), a judgment at law was afterwards obtained against him. Noland then filed his bill in chancery, alleging that...   Cases  
Nuttall v. Kirkland 8 Mart.(n.s.) 292, Supreme Court of Louisiana (October 01, 1829) 1829 Appeal from the court of probates of the parish of Catahoula.   Cases  
Osgood v. Lewis 2 H. & G. 495, Court of Appeals of Maryland (June 01, 1829) 1829 After verdict, the allegation of fraud and deceit in a declaration, is equivalent to the charge of an actual scienter. In cases of express warranty, averments of fraud and deceit are immaterial. Warranties on the sales of personal property have usually been divided into two classes, express and implied. To create an express warranty, the word...   Cases  
Palfrey's Syndic v. Francois 8 Mart.(n.s.) 260, Supreme Court of Louisiana (September 01, 1829) 1829 Appeal from the court of the fifth district, the judge of the district presiding.   Cases  
Parker v. Lewis Hempst. 72, Superior Court, Territory of Arkansas (October 01, 1829) 1829 This was an action of trespass by Peter C. Parker against Eli J. Lewis and Peter Edwards.   Cases  
Pate's Adm'r v. Joe 3 J.J.Marsh. 113, Court of Appeals of Kentucky (December 30, 1829) 1829 Will. Attestation. Evidence. APPEAL TO THE BRECKENRIDGE COUNTY COURT. The Breckenridge county court admitted to record, as fully proved, a paper, purporting to be the last will and testament of Thomas Pate, deceased. The instrument bears date, October 7, 1803. The following facts were established by the proof in this court; for an appeal was taken...   Cases  
Pawson's Adm'rs v. Donnell 1 G. & J. 1, Court of Appeals of Maryland (December 01, 1829) 1829 It is the unquestionable and exclusive right of the Jury to decide on facts, of the existence of which, contradictory testimony is adduced. The owner of a ship and cargo has the uncontrolled power of breaking up, or changing the voyage. The principles which should govern such cases, in the absence of all commercial usage on the subject, and by...   Cases  
Peace v. Nailing 1 Dev.Eq. 289, Supreme Court of North Carolina (June 01, 1829) 1829 After stating the facts of the case, as above, proceeded--It is moved to dismiss the bill for want of equity. For the purposes of this motion, the allegations of the Plaintiff are taken to be true; and no other part of the pleadings is looked into. With this concession, it is insisted by the Defendants, that the Plaintiff is not entitled to the...   Cases  
Percy v. Percy 7 Mart.(n.s.) 348, Supreme Court of Louisiana (January 01, 1829) 1829 Appeal from the court of probates of the Parish and city of New Orleans.   Cases  
Pijeau v. Beard 8 Mart.(n.s.) 401, Supreme Court of Louisiana (December 01, 1829) 1829 Appeal from the court of the parish and city of New-Orleans.   Cases  
Pilie v. Lalande 7 Mart.(n.s.) 648, Supreme Court of Louisiana (April 01, 1829) 1829 Appeal from the court of the first district.   Cases  
Pipsico v. Bontz 3 Cranch C.C. 425, Circuit Court, District of Columbia (April 01, 1829) 1829 Indebitatus assumpsit for work and labor. The plaintiff offered evidence of a special agreement of $100 a year, and that the service was performed according to the agreement. The defendant's counsel objected, that there was no count upon the special agreement. THE COURT overruled the objection on the authority of the Bank of Columbia v. Patterson,...   Cases  
Police Jury v. Bullit 8 Mart.(n.s.) 323, Supreme Court of Louisiana (October 01, 1829) 1829 Appeal from the court of the sixth district, the judge of the district presiding.   Cases  
Public Administrator of New York v. Watts 1 Paige Ch. 347, Chancery Court of New York (January 01, 1829) 1829 The barrenness of our books on the subject of testamentary law has compelled me to bestow much labor upon the investigation of this case, and much time has been employed in obtaining those books which were necessary to be examined by me before I could, in justice to the parties in this cause, bring that investigation to a close. It is but a few...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Reading v. Price 3 J.J.Marsh. 61, Court of Appeals of Kentucky (December 22, 1829) 1829 Former Recovery. Justice. Jurisdiction. Fraud. Contract. Recision. ERROR TO THE FRANKLIN CIRCUIT; HENRY DAVIDGE, JUDGE. This case presents, in various forms, several points, but they may all be resolved into two propositions: Neither judgment by justice, for plaintiff in case of which he had no jurisdiction, nor judgment of circuit court, in same...   Cases  
Renfro v. Trent 1 J.J.Marsh. 604, Court of Appeals of Kentucky (June 19, 1829) 1829 At the February term, of the Meade county court, in the year 1827, Trent obtained letters of administration, on the estate of Eliza Renfro, deceased. At the ensuing March term, of said court the order appointing Trent administrator, was rescinded, and administration granted to Jane Renfro, the plaintiff in error, and mother of the deceased. After...   Cases  
Rochelle v. Alvarez 8 Mart.(n.s.) 171, Supreme Court of Louisiana (June 01, 1829) 1829 Appeal from the court of the parish and city of New-Orleans.   Cases  
Rousseau v. His Creditors 8 Mart.(n.s.) 384, Supreme Court of Louisiana (December 01, 1829) 1829 Appeal from the court of the parish and city of New-Orleans.   Cases  
Royal's Adm'x v. Bryan 1 J.J.Marsh. 432, Court of Appeals of Kentucky (June 09, 1829) 1829 Statement of the pl'tffs. cause of action. This is an action of assumpsit by Bryan against the administratrix and heirs of Thomas Royal, deceased, on a long account, one item of which is a charge for boarding the intestate, his wife and servant, nine months. The proof is, that Mrs. Royal, the administratrix, is the daughter of the plaintiff; that,...   Cases  
Russell v. Com. 1 Pen. & W. 82, Supreme Court of Pennsylvania (October 01, 1829) 1829 The cause was submitted without argument; and the writ was quashed, on the ground that no writ of error will lie to remove a judgment upon a habeas corpus.   Cases  
Saul v. His Creditors 7 Mart.(n.s.) 425, Supreme Court of Louisiana (February 01, 1829) 1829 Appeal from the court of the first district.   Cases  
Scroggin v. Allin 2 J.J.Marsh. 466, Court of Appeals of Kentucky (October 24, 1829) 1829 Henry Edgar having died intestate, leaving a widow and infant son, and several half brothers and sisters, Robert Scroggin and Elizabeth Edgar, (the widow,) administered on his estate. The widow afterwards intermarried with John Allin, and was the guardian of her infant son, who died intestate, before he attained 21 years of age. The 4th. sec. of...   Cases  
Skinner v. Skinner 1 J.J.Marsh. 594, Court of Appeals of Kentucky (June 18, 1829) 1829 This record, although consisting of more than 300 pages, presents nothing new or difficult. The complainant's claim to the land, is not supported. It does not appear that his ancestor was entitled to any particular tract. The bond he held on the Beals, shows that he was not. All that the complainant or his ancestor could claim, would be damages...   Cases  
Stallings v. Stallings 1 Dev.Eq. 298, Supreme Court of North Carolina (June 01, 1829) 1829 By the act of 1766, (Rev. ch. 79) which points out the method of distributing intestate's estates, it is amongst other things enacted, that in case any child shall have any estate by settlement from the intestate, or shall be advanced by said intestate in his lifetime, by portions not equal to the shares, which shall be due to the other children,...   Cases  
Starke v. Starke 3 Rich. 438, Court of Appeals of Law and Equity of South Carolina (January 01, 1829) 1829 A trust which is not within the statute of limitations, must be a technical and continuing trust, which is not at all cognizable at law, but falls within the proper, peculiar and exclusive jurisdiction of the Court of Equity. So long as such a trust continues, there can be no adverse right, for the trustee holds both the legal estate and the...   Cases  
State ex rel. v. Managers of Elections for Dist of York 1 Bail. 215, Court of Appeals of Law and Equity of South Carolina (May 01, 1829) 1829 An Indian is not intitled to the elective franchise in this State; nor can merit, services, or any other circumstance, alter the condition of his birth, under the existing provisions of the constitution.   Cases  
State v. Arthur 2 Dev. 217, Supreme Court of North Carolina (June 01, 1829) 1829 The right of challenge is intended to secure an impartial trial, by excluding objectionable persons from the panel, and not to enable the accused to select a jury of his own choice. Therefore where a juror was challenged for cause by the prosecution, and the challenge allowed, and the jury completed before the peremptory challenges were exhausted,...   Cases  
State v. Carey 2 Del.Cas. 262, Court of Quarter Sessions of the Peace of Delaware (November 16, 1829) 1829 Indictment. April Term, 1829. Assault and battery, at Broadhill's Hundred on August 20, on Peter Marsh. Pleads not guilty.   Cases  
State v. Collins 2 Del.Cas. 260, Court of Quarter Sessions of the Peace of Delaware (November 01, 1829) 1829 Indictment. November 5, 1829. Felony in stealing on November 16, 1829 at Lewis and Rhehoboth Hundred.   Cases  
State v. Collins 2 Del.Cas. 266, Court of Quarter Sessions of the Peace of Delaware (November 19, 1829) 1829 Indictment. November Term, 1829. Felony in stealing on October 4, 1829, at Nanticoke Hundred.   Cases  
State v. Handy 2 Del.Cas. 259, Court of Quarter Sessions of the Peace of Delaware (April 28, 1829) 1829 Indictment. April Term, 1829. Felony in stealing on March 10, 1829, at Dover Hundred.   Cases  
State v. Handy 2 Del.Cas. 258, Court of Quarter Sessions of the Peace of Delaware (April 28, 1829) 1829 Indictment. April Term, 1829. Felony in stealing on the first day of March at Dover Hundred.   Cases  
State v. Scott 1 Bail. 270, Court of Appeals of Law and Equity of South Carolina (June 01, 1829) 1829 It is too late after verdict to object to the competency of a witness; and the jury are the exclusive judges of his credibility. After a verdict upon the merits, in relation to a subject matter within the jurisdiction of the Court, judgment will not be arrested on the suggestion of the defendant, that the Court has no jurisdiction over his person....   Cases  
State v. Slack 1 Bail. 330, Court of Appeals of Law and Equity of South Carolina (December 01, 1829) 1829 An objection to the order, in which the jurors were called up by the clerk to be challenged by the prisoner, comes too late after verdict. vide State v. Sims, 2 Bailey, 29. Where stolen goods were traced into the possession of the defendant, his shewing where they were deposited, will not render his declarations, made at the time, as to the manner...   Cases  
State v. Smith 10 Tenn. 272, Supreme Court of Errors and Appeals of Tennessee (January 01, 1829) 1829 The first of these causes originated in Williamson, the second in Davidson, county. Motions were made by the attorney for the government for writs of error on the part of the state to correct the judgments below. Smith was charged by indictment with gaming, by disposing of watches, seals, trinkets, etc., by private lottery. The jury returned a...   Cases  
State v. Smith 1 Bail. 283, Court of Appeals of Law and Equity of South Carolina (December 01, 1829) 1829 The Governor may annex to a pardon a condition, that the offender shall leave the State, and never return; and on a violation of any part of the condition, the pardon is forfeited, and execution of the original sentence will be enforced by the Court of Sessions. vide State v. Fuller, 1 M'C. 178. It is no ground for the discharge, or exemption from...   Cases  
State v. Tindle 2 Del.Cas. 260, Court of Quarter Sessions of the Peace of Delaware (April 28, 1829) 1829 Indictment. April Term, 1829. Felony in stealing on December 1, 1828 at Dover Hundred.   Cases  
Sutton v. Hollowell 2 Dev. 185, Supreme Court of North Carolina (June 01, 1829) 1829 The cases on this subject are not altogether reconcileable. Parol gifts by delivery, reserving life estates, are contradictory and inconsistent in the nature of things. Property cannot be delivered, and retained at the same time. If there is a delivery, there can be no reservation of a life estate. Of this kind were the cases of Duncan & wife v....   Cases  
Tate v. Penne 7 Mart.(n.s.) 548, Supreme Court of Louisiana (March 01, 1829) 1829 Appeal from the court of the eighth district, the judge of the third presiding.   Cases  
Thomas v. Mead 8 Mart.(n.s.) 341, Supreme Court of Louisiana (October 01, 1829) 1829 Appeal from the court of the sixth district, the judge of the district presiding.   Cases  
Thompson v. Chauveau 7 Mart.(n.s.) 331, Supreme Court of Louisiana (January 01, 1829) 1829 Appeal from the court of the parish and city of New Orleans.   Cases  
Thompson v. Ross 1 J.J.Marsh. 600, Court of Appeals of Kentucky (June 19, 1829) 1829 Sheriff. Execution. Return. Statute. ERROR TO THE FLEMING CIRCUIT; W. P. ROPER, JUDGE. By the 4th section of an act passed in 1811, 2 Dig. 1144, it is provided in substance that no sheriff shall be compelled or required to go out of his county to render his return of any writ of execution to him directed, provided he shall enclose such...   Cases  
Tobin v. Wilson 3 J.J.Marsh. 63, Court of Appeals of Kentucky (December 22, 1829) 1829 Interpleader. Affidavit. Collusion. Chose in Action. Security. Replevin Bonds. Parties, Fi fa. Return. Chancery Practice. ERROR TO THE CUMBERLAND CIRCUIT; BENJAMIN MONROE, JUDGE. At the March term, 1820, of the Cumberland circuit court, the appellee, (Wilson) obtained a judgment against Thomas M. Emmerson, Edwards and Milton King, Anthony Thornton...   Cases  
Turner v. Egerton 1 G. & J. 434, Court of Appeals of Maryland (December 01, 1829) 1829 This case does not materially differ from that just decided, between the same plaintiff and Ann Egerton, and must be governed by the same principles. There the supposed proportion of the personal assets of the deceased was delivered over to the distributee in specific property, and in this case the administrator settled up with the guardian of one...   Cases  
U.S. v. Watkins 3 Cranch C.C. 441, Circuit Court, District of Columbia (July 01, 1829) 1829 The defendant in this case was arrested on the 1st of May, 1829, in Philadelphia, by a warrant issued at the instance of the United States, upon an affidavit made before a justice of the peace in Washington, D. C., by Mr. Amos Kendall, who, on the 23d of March, 1829, was appointed to the office of 4th auditor in the place of the defendant, who was...   Cases  
Venable v. Bank of U.S. 27 U.S. 107, Supreme Court of the United States (January 01, 1829) 1829 APPEAL from the circuit court of the United States for the district of Kentucky. The appellees, at the May term 1822 of the circuit court for the district of Kentucky, obtained a decree against Venable and others, for the sum of $4,700 with interest and costs; upon which execution was issued, and levied by the marshal upon 367 acres of land and...   Cases  
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