TitleCitationYearSummaryMost RelevantTypeStatus
Sharp v. Sharp 2 Leigh 249, Supreme Court of Appeals of Virginia (June 01, 1830) 1830 B. is appointed adm'r. of S. at a time when S. was supposed to have died without a will; a will is afterwards found; B. had never seen S. write; but acquired a knowledge of his handwriting from examination of his papers after his death, and testifies from his knowledge of the handwriting thus acquired, that the will is wholly in S's hand: Held,...   Cases  
Sharp v. Stephens 1 La. 116, Supreme Court of Louisiana (March 01, 1830) 1830 Appeal from the court of the fourth district, the judge of the second presiding.   Cases  
Shirley v. Mitchell 3 J.J.Marsh. 684, Court of Appeals of Kentucky (April 27, 1830) 1830 At the August term, 1811, of the Barren county court, Benjamin Bowles was appointed administrator, de bonis non, of the goods and chattels of Daniel Jeffries, which remained unadministered by Patsy Jeffries, who had been the administratrix, Jesse Bowles and William Shirley were the sureties, in B. Bowles' official bond. On the 18th of November,...   Cases  
Smith v. Pierce 1 La. 349, Supreme Court of Louisiana (May 01, 1830) 1830 Appeal from the court of the first district.   Cases  
Smith v. Rice 1 Bail. 648, Court of Appeals of Law and Equity of South Carolina (June 01, 1830) 1830 An agent to sell has no authority to rescind the sale, after the contract has been completed. His agency terminates with the sale, and the delivery of the proceeds to his principal. A contract of sale cannot be rescinded for a breach of the implied warranty of soundness, unless the defect be such as materially to affect the value of the thing sold....   Cases  
Smith's Ex'rs v. Collins Bail.Eq. 74, Court of Appeals of Law and Equity of South Carolina (April 01, 1830) 1830 The lapse of less than twenty years after a legatee has been put in possession of his legacy, will protect him against the claims of a creditor of the testator, if aided by circumstances of negligence in the creditor in pursuing the executor, who has become insolvent, and a probability that the debt has been lost in consequence of it.   Cases  
State v. Charity 2 Dev. 543, Supreme Court of North Carolina (December 01, 1830) 1830 I do not know that the question made in this case has ever arisen before in this State. Nor have I been able to find a decision of it in any of our sister States. It must be decided therefore on general principles. It is a fundamental rule of evidence, at common law, that a party to a suit, or one directly interested in the result, is not competent...   Cases  
State v. Dent 3 G. & J. 8, Court of Appeals of Maryland (December 01, 1830) 1830 This case comes up on a writ of error to Baltimore City Court, and the sole question which it presents for the decision of this court is, whether according to the principles of criminal pleading, it is necessary in an indictment for an assault with intent to murder, to state in the indictment, the instrument, or means made use of to effectuate the...   Cases  
State v. Kimbrough 2 Dev. 431, Supreme Court of North Carolina (June 01, 1830) 1830 Secondary evidence of papers in the possession of a party to a cause is admitted, after notice to produce the originals, not because the originals are not produced, but because it is the best evidence in the power of the adverse party. This principle extends to criminal, as well as civil cases; and the rule that no man is bound to criminate...   Cases  
State v. McKee 1 Bail. 651, Court of Appeals of Law and Equity of South Carolina (June 01, 1830) 1830 After the jury have been charged with the trial of a prisoner, upon an indictment for a capital offence, they cannot be discharged, and the prisoner remanded for a second trial, except for the following causes: 1. the consent of the prisoner; 2. the illness of one of the jury, the prisoner, or the Court; 3. the absence of one of the jurymen; 4. the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Mills 2 Dev. 420, Supreme Court of North Carolina (June 01, 1830) 1830 There can be no doubt, that an accomplice, merely as such, is a competent witness on either side. Sergeant Hawkins (book 2, c. 46, s. 18) states, that it is no exception to a witness, that he confesses himself guilty of the same crime, if he be not indicted for it. When indicted however, he adds, accomplices are good witnesses for the King, until...   Cases  
State v. Moses 2 Dev. 452, Supreme Court of North Carolina (June 01, 1830) 1830 Under the act of 1796 (Rev. c. 452) directing the conduct of Judges in charges to the petit jury, it is the duty of the Judge to recapitulate the testimony, in such a manner as will divest it of immaterial circumstances, and so to present all the facts, on each side, that they may have their fullest legitimate operation. An unfair and partial...   Cases  
State v. Sam 2 Dev. 567, Supreme Court of North Carolina (December 01, 1830) 1830 An averment of the time when an offence was committed is unnecessary, unless the time is a constituent part of the offence. Such an averment is frequently made, where offences committed after a certain specified day are made criminal; or where the statute increases the punishment. But it seems that it is now in no case necessary. The prisoner was...   Cases  
State v. Seay 3 Stew. 123, Supreme Court of Alabama (July 01, 1830) 1830 AQUILLA SEAY was indicted in the Circuit Court of Mobile county, at March term 1830, for larceny, and for bringing property to that county stolen by him in Georgia. The indictment contained five counts. The second count charged that Aquilla Seay, late of the State of Alabama and county of Mobile, laborer, on the 20th day of March, 1830, with...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Sims 2 Bail. 29, Court of Appeals of Law and Equity of South Carolina (December 01, 1830) 1830 It is not necessary, in an indictment against an accessary before the fact in a felony, to set out the conviction or execution of the principal. In organizing a jury for the trial of a prisoner, the rule is to commence with jury No. 1, calling the foreman first, and then the other jurors in the order in which they have been drawn; then to calljury...   Cases  
State v. Taylor 2 Bail. 49, Court of Appeals of Law and Equity of South Carolina (December 01, 1830) 1830 Where a single act combines the requisite ingredients of two distinct offences, the defendant may be separately indicted and punished for each: The distinction is, that where the definition of one offence necessarily includes whatever is requisite to constitute another offence, there the lesser is merged in the greater; aliter, where there is no...   Cases  
Sugg v. Burgess 2 Stew. 509, Supreme Court of Alabama (January 01, 1830) 1830 THIS was an action of debt, brought by William Sugg, in Franklin Circuit Court, in 1828, against R. Burgess, B. Burgess and J. Davis, to recover on nine delivery or forthcoming bonds, each in the penalty of one hundred and ten dollars, made on the 20th of March, 1827, by the persons above named, and payable to the plaintiff. In the declaration, the...   Cases  
Sykes v. Sykes 2 Stew. 364, Supreme Court of Alabama (January 01, 1830) 1830 THIS was a bill in Chancery, filed in Morgan Circuit Court, in December 1827, by Richard Sykes, for himself, and as guardian for, and next friend of Robert Sykes, William Sykes, and Rebecca Sykes, infants, against James T. Sykes, administrator with the will annexed, and James Sykes, an infant, for the purpose of setting aside a nuncupative will,...   Cases  
Tate v. Liggat 2 Leigh 84, Supreme Court of Appeals of Virginia (March 01, 1830) 1830 A creditor at large, not having obtained judgment or decree against his debtor, cannot resort to equity to set aside a fraudulent conveyance of his debtor, though interference of the court be also prayed to prevent a sale or removal of the subject, and though the subject be equitable estate not liable to execution. Deison mortgages property to...   Cases  
Taylor v. Browne 2 Leigh 419, Supreme Court of Appeals of Virginia (November 01, 1830) 1830 The chancellor, in rejecting the claim of the appellants under the deed of January 1812, seems to have been governed wholly by the supposed failure of the wife to renounce in due and binding form, according to the terms of the statute, the provision made for the wife by the will of her first husband William Browne. As to the validity of the act of...   Cases  
Taylor v. Knox 2 La. 16, Supreme Court of Louisiana (September 01, 1830) 1830 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING.   Cases  
Terry v. Belcher 1 Bail. 568, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) 1830 The surety to a bond to the sheriff, to indemnify him in making a levy, is not a competent witness for the sheriff, in an action against him for the trespass. A husband cannot be received as a witness, to testify for the benefit of an estate, of which his wife is a distributee, although they live apart, deal separately, and are under bonds not to...   Cases  
THE GRAMPUS AND THE SALVE TRADE. 2 U.S. Op. Atty. Gen. 365 (August 18, 1830) 1830     Administrative Decisions & Guidance  
Tilman v. Tilman 4 J.J.Marsh. 117, Court of Appeals of Kentucky (June 19, 1830) 1830 At the May term, 1823, of the Logan circuit court, Polly Tilman, obtained a decree against Gideon Tilman, for $300, with interest thereon, from the 12th of May, 1820, on account of her interest as one of the children and devisees of Stephen Tilman, deceased, in a tract of land, which the testator directed the executors to selll. Gideon Tilman and...   Cases  
Todd v. Lewers Rich.Cas. 463, Court of Appeals of Law and Equity of South Carolina (July 01, 1830) 1830 What passes under a bequest of all my stock in trade at Laurens Court House; the notes and book accounts there owing to me, considered; and reference to the Commissioner ordered.   Cases  
Tolar v. Tolar 1 Dev.Eq. 456, Supreme Court of North Carolina (December 01, 1830) 1830 If a voluntary deed, fairly obtained, is destroyed by the donor before registration, a Court of Equity will compel him to convey the same property to the donee. The Plaintiff alleged, that his father, the Defendant, being willing to advance him in life, as well as to repay him for services rendered, in February, 1821, conveyed to him in fee-simple...   Cases  
Tribble v. Oldham 5 J.J.Marsh. 137, Court of Appeals of Kentucky (December 20, 1830) 1830 Unsealed Writings. Executed and Executory Contracts. Warranty. Bill of Sale. Mistake. Parol Evidence. Consideration. Non est Factum. Estoppel. APPEAL FROM THE MADISON CIRCUIT; RICHARD FRENCH, JUDGE. This is an appeal from a judgment for damages in favor of Samuel Oldham, in an action of covenant instituted by him, against Silas Tribble, and Abner...   Cases  
Turner's Will 4 J.J.Marsh. 536, Court of Appeals of Kentucky (October 13, 1830) 1830 Dabney Turner, died on Monday, about 10 o'clock A. M. On the Sunday preceding, his last will and testament was made and published between 12 and 1 o'clock, P. M. The testator's competency to make the will, is the only question for consideration. On Sunday morning, the testator's attending physicians were consulted on the subject of his ability and...   Cases  
Vines v. Brownrigg 2 Dev. 537, Supreme Court of North Carolina (December 01, 1830) 1830 The discussion at the bar turned altogether upon the effect of the verdict, as entered on the issue joined on the Plaintiff's replication to the plea of the statute of limitations. It certainly is very badly expressed, and much as we are disposed to make every inference to support verdicts, we might have found much difficulty in doing so here, were...   Cases  
Walker v. May Bail.Eq. 58, Court of Appeals of Law and Equity of South Carolina (March 01, 1830) 1830 Where a married woman is the sole distributee of the personal estate of an intestate, and there are no debts, and the husband is in possession of the property during the coverture, the marital right attaches, although there has been no administration; and if administration is obtained after the death of the husband, the administrator will not be...   Cases  
Wall v. Scales 1 Dev.Eq. 472, Supreme Court of North Carolina (December 01, 1830) 1830 An agreement by parol, made before the act of 1819 (Rev. c. 1016) by a father, in consideration of the marriage of his illegitimate daughter, to settle all his estate upon her husband, herself, and the issue of her marriage, is binding; and although it does not attach specifically upon any portion of the father's property, so as to defeat a...   Cases  
Wallace v. Hanley 4 J.J.Marsh. 622, Court of Appeals of Kentucky (October 20, 1830) 1830 Attachment. Execution. Levy. ERROR TO THE JESSAMINE CIRCUIT; WM. L. KELLY, JUDGE. Hanley filed his bill in the Jessamine circuit court, stating that Lewis and himself became bound in a replevin bond as sureties for Clark to Shrieve for the payment of $1947 48 cents, that Clark becoming insolvent, shortly before the bond became due, Lewis, in order...   Cases  
Waller v. Armistead's Adm'rs 2 Leigh 11, Supreme Court of Appeals of Virginia (February 01, 1830) 1830 (Absent Coalter and Green, J.) Deeds executed by a woman immediately before her marriage, giving away her property, without knowledge of intended husband, are fraudulent as to the husband. Deeds of gift, or of release and acquittance, made by ward to guardian or person who has borne part of guardian, shortly after ward's attainment to full age, but...   Cases  
Watkins v. Harwood 2 G. & J. 307, Court of Appeals of Maryland (June 01, 1830) 1830 This cause lies within a narrow compass. Here the judge referred to the proceedings, and then said, it is to be observed that this mortgage was not insisted upon, nor set up in the answer, but the amount of the debt supposed to be due claimed for the first time before the auditor, as a set off against the distributive share of the appellant. This...   Cases  
Wells v. Beall 2 G. & J. 458, Court of Appeals of Maryland (June 01, 1830) 1830 From the pleadings and proofs it appears, that early in the year 1784, the late John W. B. and the late Basil Beall, obtained a joint deed, by which the legal title in a tract of land called Plummer's Pleasure, was conveyed to them. That B. was then in possession of the part of that tract, held and claimed by him, containing 144 acres, and also of...   Cases  
West v. Kerby 4 J.J.Marsh. 56, Court of Appeals of Kentucky (June 16, 1830) 1830 Richard West and Allen Hendricks executed their joint and several promissory note, dated 4th January, 1818, to William Kerby, the defendant, as executor of the estate of James Hendricks, deceased, for the sum of $77, payable eleven months after date. On this note Kerby instituted suit, and recovered judgment against West alone, who thereupon filed...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Westmorland v. Tippens 1 Bail. 514, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) 1830 On the trial of a suggestion falsifying the return of a garnishee in attachment, the jury are limited to finding the truth or falsity of the return, upon the allegations contained in the suggestion. The plaintiff cannot recover his debt against the garnishee; but upon a verdict in his favor, he is intitled to his reasonable costs, to be awarded by...   Cases  
Whitaker v. Blair 3 J.J.Marsh. 236, Court of Appeals of Kentucky (January 12, 1830) 1830 Trustees. Wife's Equity in Land. Privy Examination. Deeds. Recording. Alienation. ERROR TO THE LOGAN CIRCUIT; HENRY BROADNAX, SUDGE. Henry C. Gist, married Ann Paca; and before her marriage, being of full age, she had received from her guardian, a conveyance for 200 acres of land, and had executed to him, in consideration thereof, a discharge, for...   Cases  
White v. Carpenter 2 Paige Ch. 217, Chancery Court of New York (January 01, 1830) 1830 John Lylburn being entitled under the will of his father, Robert Lylburn, to one third part of the real and personal estate of Robert Lylburn, the testator, and having previously conveyed one half part thereof to one Benjamin Field, on the 19th March, 1817, for the consideration of $3000 as expressed in the deed of conveyance thereof, sold and...   Cases  
Wiley v. White 2 Stew. 331, Supreme Court of Alabama (January 01, 1830) 1830 THE record in this cause shews, that in October, 1826, in Dallas Circuit Court, White & Lesley as administrators of E. Lane, commenced suit in assumpsit, to recover of T. H. Wiley, L. M. Wiley and T. W. Baxter, composing the firm of T. H. Wiley, & Co. and against M. Gayle, on a note for $ 910, made by them the 8th of October, 1824, payable twelve...   Cases  
Williams v. Beeman 2 Dev. 483, Supreme Court of North Carolina (December 01, 1830) 1830 In actions between the vendee and his immediate vendor, upon the covenant for quiet enjoyment, it is the settled law of this State, that the value of the lands, at the time of the sale, shall be the measure of the damages; and in cases of actual sales, the purchase money is conclusive evidence of that value. This is the case where a covenant or...   Cases  
Williams v. Cummins' Adm'r 4 J.J.Marsh. 637, Court of Appeals of Kentucky (October 21, 1830) 1830 Sheriff's Sales. Executions. Title. Purchase. Reversal. Restitution. Justification. APPEAL FROM THE BOURBON CIRCUIT; RICHARD FRENCH, JUDGE. George, Benjamin, and Jane Williams sued the administratrix of Joseph Cummins, deceased, by an action of debt, on a note executed by her intestate, and recovered judgment. In virtue of an execution issued...   Cases  
Williams v. Hagan & Co. 2 La. 122, Supreme Court of Louisiana (December 01, 1830) 1830 APPEAL FROM THE COURT OF THE FIRST DISTRICT.   Cases  
Williams v. Inabnet 1 Bail. 343, Court of Appeals of Law and Equity of South Carolina (January 01, 1830) 1830 A bond may be avoided by the obligor, by proof that he was so drunk, at the time of the execution, as to have been incapable of contracting: but too ready an ear should not be lent to such a defence; and it should never be allowed, where the subsequent conduct of the party is such, as to have the appearance of his having confirmed his contract. If,...   Cases  
Wood v. Berthoud 4 J.J.Marsh. 303, Court of Appeals of Kentucky (July 07, 1830) 1830 Assignor and Assignee. Nulla Bona. Assignment. Consideration. Notice. ERROR TO THE JEFFERSON CIRCUIT; JOHN P. OLDHAM, JUDGE. Sheridan made his promissory note payable to Berthoud, who assigned it to Wood, who assigned it to R. and H. H. Steele. They instituted suit and prosecuted Sheridan to insolvency. It is admitted for the purpose of presenting...   Cases  
Alexander v. Williams 2 Hill (SC) 522, Court of Appeals of Law and Equity of South Carolina (December 01, 1834) 1834 In this case we concur with the judge below in his view of the law. The assent of the executors to the legacy vested the property in the legatee, and, if this was fair, and bona fide, a creditor, whose debt is not paid from other circumstances, such as a subsequent insolvency of the executor, or a loss of funds (without the fault of the executor,)...   Cases  
Anderson v. Com. 4 Leigh 693, General Court of Virginia (July 01, 1834) 1834 The court cannot look into the alleged errors. There are two preliminary inquiries: Whether a writ of error lies to the proceedings of the county or corporation courts sitting as courts of oyer and terminer? And if so, whether it may be allowed by this court, or must be by the circuit superiour court of Petersburg? The court, without deciding any...   Cases  
Andrus v. Chretien 7 La. 318, Supreme Court of Louisiana (September 01, 1834) 1834 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.   Cases  
Armstrong v. Lear 33 U.S. 52, Supreme Court of the United States (January 01, 1834) 1834 APPEAL from the circuit court of the United States of the district of Columbia, for the county of Washington. On the 1st day of April 1829, the appellant Kosciuszko Armstrong filed a bill in the circuit court, setting forth his citizenship of the state of New York, and that Thade Kosciuszko, late an officer in the service of the United States, in...   Cases  
Avery v. Rose 4 Dev. 549, Supreme Court of North Carolina (June 01, 1834) 1834 The requisition of the act of 1798, (Rev. ch. 492,) amending the Revenue Laws, as respects the land tax, must be strictly complied with by the Sheriff, or the estate of the owner is not divested, and where land was, under the fourth section of the act, stricken off to the Governor, and the Sheriff, instead of executing his deed, at the County Court...   Cases  
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