| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Barger v. Caldwell |
2 Dana 129, Court of Appeals of Kentucky (April 25, 1834) |
1834 |
FROM THE CIRCUIT COURT FOR ADAIR COUNTY. This is an action, brought by the appellee, for the benefit of Wheat, on an indenture of apprenticeship, in which he obtained a verdict and judgment against the appellant. Suit, by an apprentice, in the name of the clerk, who, by order of court, had bound him, against the master, for failing to teach his... |
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Cases |
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| Bell v. Coiel |
2 Hill Eq. 108, Court of Appeals of Law and Equity of South Carolina (December 01, 1834) |
1834 |
Excluding altogether the evidence which is regarded as exceptionable in the grounds of this motion, and which was expressly reserved by the Chancellor, we concur with him that the merits are with the plaintiff; and that might suffice for the case itself, but there are some questions of law arising out of it which deserve a more particular... |
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Cases |
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| Bennett v. Dillingham |
2 Dana 436, Court of Appeals of Kentucky (November 12, 1834) |
1834 |
FROM THE CIRCUIT COURT FOR MADISON COUNTY. Statement of the case. Dillingham, being the obligee in a replevin bond which had been given by Noland as principal, and by Bennett and others as his sureties, filed a bill in chancery against Bennett and wife, alleging, that they had removed to the State of Missouri; that all the obligors had become... |
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Cases |
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| Benson v. Mathews |
7 La. 356, Supreme Court of Louisiana (October 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Biscoe v. Biscoe |
6 G. & J. 232, Court of Appeals of Maryland (December 01, 1834) |
1834 |
It is a well known and inflexible rule, which hardly needs to be stated here, that no limitation can be good and operative as an executory devise, unless it be upon a contingency that must happen, if at all, within a life or lives in being, and twenty-one years, and a portion of a year afterwards, allowing for the time of gestation; and that if it... |
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Cases |
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| Blanchard's Widow v. Blanchard |
6 La. 294, Supreme Court of Louisiana (March 01, 1834) |
1834 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF ASSUMPTION. |
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Cases |
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| Block v. Block |
3 Mo. 594, Supreme Court of Missouri (October 01, 1834) |
1834 |
Moses Block and others brought a petition for partition of two lots of ground in St. Louis, against Phineas Block and Wife et al. The petition sets out the respective rights of the parties, and shows that they claim as devisees of Simon Block, and that in and by the will of said Simon, he mentions the name of Delia Block, the wife of said Phineas,... |
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Cases |
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| Boisseau v. Aldridges |
5 Leigh 222, Supreme Court of Appeals of Virginia (April 01, 1834) |
1834 |
It was contended for the appellants, that the instrument of writing left by Mr. Boisseau, contains a complete disposition of his whole estate, real and personal, which is said to be large; and on the other side, that it bequeaths two legacies of 500 dollars each, contingently, leaving the testator intestate as to all the rest of his estate. When I... |
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Cases |
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| Bradford's Heirs v. Clark |
7 La. 147, Supreme Court of Louisiana (August 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. |
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Cases |
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| Broussard v. Bernard |
7 La. 211, Supreme Court of Louisiana (September 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Brown v. Moore |
14 Tenn. 272, Supreme Court of Errors and Appeals of Tennessee (March 01, 1834) |
1834 |
This is a petition, filed in the county court of Montgomery county, putting in issue the will of Gully Moore, deceased. After a trial in the county court, the cause was taken to the circuit court by appeal. On the trial in the circuit court the petitioner offered to prove that James Langford, a devisee in the will, acknowledged that undue influence... |
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Cases |
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| Brown v. Thorndike |
15 Pick. 388, Supreme Judicial Court of Massachusetts (March 01, 1834) |
1834 |
It seems, that where the words of a will not duly attested to pass real estate, are equivocal, leaving it doubtful whether the testator intended to give real or personal estate or both, courts of probate may and must admit evidence aliunde, and must inquire into the nature and circumstances of the testator's property, with a view to the question... |
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Cases |
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| Brown's Ex'r v. Higginbotham |
5 Leigh 583, Supreme Court of Appeals of Virginia (December 01, 1834) |
1834 |
P. having leased a farm, B. put labourers on the farm under P.'s management, upon an agreement, that the nett profits, after deducting all expenses, should be divided between them: HELD, this is a partnership, and B. is liable for the debts contracted by P. for the concern. The rent due for the farm, and the overseer's wages, are expenses to be... |
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Cases |
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| Brown's Ex'x v. Hillegas |
2 Hill (SC) 447, Court of Appeals of Law and Equity of South Carolina (June 01, 1834) |
1834 |
In this case it is necessary to consider, 1st. whether the execution issued, upon the sheriff's return of a devastavit, against the defendants de bonis propriis, be regular or irregular? 2nd. whether the verdict is found upon the issue? and 3rd. if not, then can the plaintiff amend the verdict and all subsequent proceedings? 1. About the... |
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Cases |
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| Bryan v. Washington |
4 Dev. 479, Supreme Court of North Carolina (June 01, 1834) |
1834 |
By the act of 1803, (Rev. ch. 627,) a single Justice of the peace has jurisdiction of all debts and demands of £30 and under, of such things as are specified in the act, and among the demands specified is that of a judgment which may have been granted by ?? single Justice, and no execution issued on the same for twelve months. In the case before... |
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Cases |
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| Burney v. Boyett |
1 Howard 39, High Court of Errors and Appeals of Mississippi (July 01, 1834) |
1834 |
A certified copy of the minutes of the judge, is not competent testimony to prove priority of judgment, the judge's docket not being the judgment roll, nor his notes any part of the record. It seems that judgments rendered on the same day, are all of the same age, and considered as rendered at the same time. The act of 1824 constitutes a judgment,... |
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Cases |
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| Burroughs v. Nettles |
7 La. 113, Supreme Court of Louisiana (August 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Camp v. Laird |
14 Tenn. 246, Supreme Court of Errors and Appeals of Tennessee (March 01, 1834) |
1834 |
The true construction of the act of 1829 will authorize this judgment. When a judgment is rendered against several, upon which execution is issued, and levied upon the property of one, who gives bond and security to deliver the property levied on, the original judgment is satisfied; but the securities join in the bond as security for all the... |
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Cases |
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| Carlisle v. Fleming |
1 Harr. 421, Court of Errors and Appeals of Delaware (June 01, 1834) |
1834 |
The ground on which equity compels a specific performance of a parol agreement concerning lands is the prevention of fraud. When part performance is relied on as taking a case out of the statute, the acts must be unequivocally in execution of the agreement. And the terms of the agreement must be clearly proved. On a promise by a father to one of... |
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Cases |
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| Carroll v. Fields |
14 Tenn. 305, Supreme Court of Errors and Appeals of Tennessee (March 01, 1834) |
1834 |
Thomas Crutcher, treasurer, in the name of the Governor, in November, obtained judgment, on motion, in the circuit court of Davidson, for $1,578, being for taxes which said Brown had collected and not accounted for. Execution was taken out on the judgment on the 10th of January 1830, and was put in the hands of Porter, the then sheriff of Giles... |
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Cases |
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| Carr's Adm'r v. Chapman's Legatees |
5 Leigh 164, Supreme Court of Appeals of Virginia (March 01, 1834) |
1834 |
The argument in this case, though on a preliminary question, was very elaborate, and calculated to give a full view to the whole subject. The great question discussed was, whether under the circumstances as disclosed by the bill and answers, particularly, the length of time, the case ought to have been sent to account; and even if it was not error... |
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Cases |
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| Cates v. Wacter's Heirs |
2 Hill (SC) 442, Court of Appeals of Law and Equity of South Carolina (June 01, 1834) |
1834 |
We concur in the opinion of the judge below, and are satisfied with the reasons which he has assigned. I will add a few other reasons. That a person offered as a witness in a cause, who has an interest in the result, may be rendered competent by releasing his interest, is a common and familiar principle of law. But I conceive that the word... |
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Cases |
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| Chandler v. Ferris |
1 Harr. 454, Superior Court of Delaware (October 01, 1834) |
1834 |
Sound and disposing mind and memory, what is it? What degree of influence will vitiate a will. If in drawing out a will from instructions they be materially departed from, the jury must be satisfied that the testator knew of the deviations. Testimony will not be admitted in reply which might have been adduced on the examination in chief. The party... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Chandler v. Ferris |
1 Harr. 454 (October 01, 1834) |
1834 |
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... |
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Trial Court Orders |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Cohen v. Hart |
2 Hill (SC) 304, Court of Appeals of Law and Equity of South Carolina (March 01, 1834) |
1834 |
If there were nothing in the case but this, that Levy had placed goods in the hands of the defendants, directing them to sell them and pay over the proceeds to the plaintiff, I suppose there would be no question but that the plaintiff might maintain the action for money had and received for those proceeds. Where money is paid by A, to B, for the... |
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Cases |
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| Coleman v. Simpson |
2 Dana 166, Court of Appeals of Kentucky (May 05, 1834) |
1834 |
FROM THE CIRCUIT COURT FOR BOURBON COUNTY. This is an action of assumpsit for work and labor. It seems that Polly Coleman, the plaintiff, was placed by her father, when a small girl, with the defendant, Simpson, at whose house she lived until she was twenty-four or five years of age, when she was driven away; that she labored, ever since she was... |
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Cases |
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| Compton v. Woolfolk |
6 La. 272, Supreme Court of Louisiana (March 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Cooney's Heirs v. Clark |
7 La. 156, Supreme Court of Louisiana (August 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. |
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Cases |
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| Crandall v. State |
10 Conn. 339, Supreme Court of Errors of Connecticut (July 01, 1834) |
1834 |
The errors assigned in this case, are, that the superior court had no jurisdiction, and that the information is insufficient. The first question has not been argued; but as it is directly presented, the court must be satisfied that the superior court had jurisdiction; if not, we need proceed no further. The 122nd section of the act concerning... |
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Cases |
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| Crenshaw's Adm'r v. Clark |
5 Leigh 65, Supreme Court of Appeals of Virginia (February 01, 1834) |
1834 |
(Absent Brooke and Brockenbrough, J.) A. having executed his bond, and B. being bound as his surety for the debt, to C., mortgages property to B. to indemnify him against this suretyship, and then sells the mortgaged subject to D. he undertaking to pay the debt to C.; then C. brings suit at law on the bond against A. who pleads usury, but C.... |
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Cases |
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| Curry v. Lyles |
2 Hill (SC) 404, Court of Appeals of Law and Equity of South Carolina (June 01, 1834) |
1834 |
The authorities cited by the counsel for the motion, sustain very fully the position taken in the ground of the motion, that parol evidence was admissible, to show that the true consideration agreed to be paid by the defendant, for the land conveyed to him by the plaintiff, was $1150, instead of $1100 as expressed in the conveyance. The general... |
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Cases |
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| Dawson v. Shepherd |
4 Dev. 497, Supreme Court of North Carolina (June 01, 1834) |
1834 |
A fi. fa. issued upon a dormant judgment is not void, and the sheriff is bound to obey it. CASE against the defendant, the Sheriff of Martin, for a false return to a fi. fa. issued at the instance of the plaintiff against the goods of one Tunstal, and also for improperly applying the amount raised by a sale of the said goods to another execution,... |
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Cases |
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| Day v. Martin |
7 La. 365, Supreme Court of Louisiana (October 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Dodson v. Green |
4 Dev. 488, Supreme Court of North Carolina (June 01, 1834) |
1834 |
Upon hearing this case, it seems impossible to doubt either upon the words of the will, or the circumstances stated, that it was the intention of the testator to dispose of the mill, and the two acres of land, with the residue of the tract of which it originally formed a part, to the defendant. It is not like the cases cited, where the devise of... |
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Cases |
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| Dougherty v. McWhorter |
15 Tenn. 239, Supreme Court of Errors and Appeals of Tennessee (August 01, 1834) |
1834 |
White, Dougherty, and McWhorter were partners in a mercantile establishment in the town of Winchester; Dougherty purchased out White, and on the 1st day of August, 1815, Dougherty and McWhorter dissolved partnership. On looking over the accounts of the firm, and on the representations of McWhorter, who had the management of the concern, it seemed... |
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Cases |
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| Douglass v. State |
14 Tenn. 525, Supreme Court of Errors and Appeals of Tennessee (May 01, 1834) |
1834 |
A. B. Bradford was attorney general, but the indictment is signed by Robert Hughes, appointed by the court to prosecute for the term?? It is now moved to arrest the judgment because the indictment was not preferred by the proper officer. The 5th article of the 2d section of the Constitution provides that the legislature shall appoint an attorney or... |
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Cases |
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| Dunlap v. Bailey |
7 La. 368, Supreme Court of Louisiana (October 01, 1834) |
1834 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES. |
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Cases |
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| Duplessis v. Kennedy |
6 La. 231, Supreme Court of Louisiana (March 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIRST DISTRICT. |
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Cases |
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| Erwin v. Greenlee |
1 Dev. & Bat. 39, Supreme Court of North Carolina (December 01, 1834) |
1834 |
We have attentively examined this case; and are of opinion that the law was correctly laid down by the Judge in his charge, and for the reasons there given, the judgment must be affirmed. |
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Cases |
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| Evans v. Iglehart |
6 G. & J. 171, Court of Appeals of Maryland (December 01, 1834) |
1834 |
S bequeathed all his real estate to his wife for life, and then devised as follows, After her death, I will the tract of land H, together with all the personal property which may belong thereto at her death, to E and her heirs for ever. Item, I give to my wife for life, all my personal property not herein before disposed of, together with... |
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Cases |
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| Everett v. McKinney |
7 La. 375, Supreme Court of Louisiana (October 01, 1834) |
1834 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF CONCORDIA. |
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Cases |
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| Flint v. Cuny |
7 La. 379, Supreme Court of Louisiana (October 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. |
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Cases |
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| Flower v. Millaudon |
6 La. 697, Supreme Court of Louisiana (June 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Floyd v. Recorder of City of New York |
11 Wend. 180 (January 01, 1834) |
1834 |
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... |
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Trial Court Orders |
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| Foster v. Frost |
4 Dev. 424, Supreme Court of North Carolina (June 01, 1834) |
1834 |
An msensible condition to a bond renders it single; but unmeaning words in the condition shall be rejected, so as to give the obligor the benefit of it. As where a forthcoming bond, dated in April, was for the delivery of the property the 15th Friday before May Court, the figures were rejected, and the County Court having a term in May, the... |
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Cases |
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| Foucher v. His Creditors |
7 La. 425, Supreme Court of Louisiana (December 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Franklin v. Verbois |
6 La. 727, Supreme Court of Louisiana (June 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| French v. Successors of Loyal Co. |
5 Leigh 627, Supreme Court of Appeals of Virginia (July 01, 1834) |
1834 |
Most of the objections taken to the decree, by the counsel for the appellant, seem to me to have no foundation. 1. The statute incorporating The Successors of The Loyal Company, affects not in the smallest degree, the rights and obligations of the parties. It relates merely to the remedy for asserting and enforcing them, which has always been... |
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Cases |
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| Fulkerson v. Steen |
3 Mo. 377, Supreme Court of Missouri (June 01, 1834) |
1834 |
Fulkerson, administrator of Clay, brought an action of debt against Steen on a bond subject to a condition, without setting out any part of the condition, for the failure to do so, the defendant demurred; the court sustained the demurrer and gave judgment for the defendant. The bond declared on is for four hundred and twenty-four dollars; the... |
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Cases |
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| Gass v. Wilhite |
2 Dana 170, Court of Appeals of Kentucky (May 05, 1834) |
1834 |
FROM THE CIRCUIT COURT FOR LINCOLN COUNTY. |
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Cases |
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