| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Koonce v. Bryan |
1 Dev. & Bat.Eq. 227, Supreme Court of North Carolina (December 01, 1835) |
1835 |
A post-nuptual settlement made in favour of a wife by a husband, in pursuance of an agreement before marriage, will, if variant from such agreement, be reformed in a Court of Equity; and, consequently, if by accident, or misapprehension of its legal import, the husband makes such settlement, in accordance with the ante-nuptual agreement, when he... |
|
Cases |
|
| Life & Fire Ins. Co. of New York v. Adams |
34 U.S. 573, Supreme Court of the United States (January 01, 1835) |
1835 |
ON motion for a mandamus to the district court of the United States, for the eastern district of Louisiana. The case is fully stated in the opinion of the court. Mr Butler stated, that the case was before the court upon the following order. That the honourable Samuel H. Harper, judge of the district court of the United States, for the eastern... |
|
Cases |
|
| Love v. Blewit |
1 Dev. & Bat.Eq. 108, Supreme Court of North Carolina (June 01, 1835) |
1835 |
Whether the Supreme Court can entertain jurisdiction of bills to review its own decrees on account of newly discovered testimony, quære? But if it can, leave will not be granted for that purpose without notice to the other party to show cause against the application. AT the last term of the Court a cause was heard between the parties, in which... |
|
Cases |
|
| Loze v. Dimitry |
7 La. 485, Supreme Court of Louisiana (January 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Maccubbin v. Cromwell's Ex'rs |
7 G. & J. 157, Court of Appeals of Maryland (December 01, 1835) |
1835 |
This is an appeal from so much of the decree of the court of Chancery passed in a cause, wherein the appellants were complainants, and the appellees were defendants, as dismissed the complainants bill against Urath Cromwell executrix of John Cromwell, deceased. The Chancellor dismissed the complainants bill as against the defendant Urath Cromwell,... |
|
Cases |
|
| Malcolm v. The Henrietta |
7 La. 488, Supreme Court of Louisiana (January 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Maney v. Killough |
15 Tenn. 440, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
The court, among other things, told the jury that the mortgage vested in the plaintiff the right to immediate possession to the property in the mortgage deed, except the land, and that the mortgagor's con??tinuing in possession of any of the personal property any length of time after the execution of the mortgage, of the nature of this--including... |
|
Cases |
|
| Marie Louise v. Marot |
8 La. 475, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| May v. Eastin |
2 Port. 414, Supreme Court of Alabama (June 01, 1835) |
1835 |
That the Court erred in refusing to dismiss the bill for want of security for costs, pursuant to the statute, Eastin being a non-resident. Security was regularly required on the 18th of September, 1829; and at the next term (March, 1830) the Court refused to dismiss the suit, on motion of the present plaintiffs in error, but permitted security then... |
|
Cases |
|
| McCaleb v. McCaleb |
8 La. 459, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW ORLEANS. |
|
Cases |
|
| McQueen v. Farrow |
4 Mo. 212, Supreme Court of Missouri (August 01, 1835) |
1835 |
Farrow brought an action of debt on a decree rendered in a court of chancery in the State of Kentucky--McQueen pleaded nul tiel record. On this issue the parties went to trial, a judgment was rendered for the plaintiff, Farrow. McQueen has brought the cause here by writ of error. On the trial the defendant made two objections. The first of which... |
|
Cases |
|
| Means v. Brickell |
2 Hill (SC) 657, Court of Appeals of Law and Equity of South Carolina (June 01, 1835) |
1835 |
Assumpsit on two notes of hand, given for the price of a tract of land sold by the plaintiff to the defendant. The defence, under a notice of discount, was, that the plaintiff had represented to the defendant that there were three hundred acres of woodland within certain limits, when there were only one hundred and twenty acres; and that he... |
|
Cases |
|
| Meredith v. Wood |
3 Dana 456, Court of Appeals of Kentucky (October 23, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. The action. Wood obtained a judgment before a justice of the peace, on an account against Elizabeth Meredith; from which she appealed to the circuit court; and on the trial in said court, a verdict being found against her for twenty-eight dollars, a judgment for that amount and costs, was rendered against... |
|
Cases |
|
| Millaudon v. Sylvestre & Son |
8 La. 262, Supreme Court of Louisiana (April 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Mitchell v. Beal |
16 Tenn. 134, Supreme Court of Tennessee (May 01, 1835) |
1835 |
Upon the facts of this case the question is whether the deed of trust can be supported as fair and legal. We think it cannot. It is true a debtor may prefer one creditor and pay and secure his debt, though others may suffer loss; but he cannot cover a much larger amount of property than will satisfy such debt, and postpone for an unreasonable time... |
|
Cases |
|
| Mitchell v. Johnson |
8 La. 525, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
|
Cases |
|
| Mortee v. Roach's Syndic |
8 La. 81, Supreme Court of Louisiana (March 01, 1835) |
1835 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS, THE JUDGE OF THE CRIMINAL COURT PRESIDING, AD INTERIM. |
|
Cases |
|
| Napier's Ex'rs. v. Person |
15 Tenn. 300, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
We think this petition is sufficient to have entitled the party ?? another trial upon the merits of the cause. Taking it to be true, the ??unty court judgment was manifestly unjust for the amount com??ained of; and, where a strong case of merits is made out, the courts ??ght to be inclined to permit a reinvestigation where it can be done ??thout... |
|
Cases |
|
| Nichols v. Edwards |
16 Pick. 62, Supreme Judicial Court of Massachusetts (January 01, 1835) |
1835 |
Where a father, at or about the time of the marriage of his daughter, and with the consent of the intended husband, places household furniture in the house provided by such husband for the residence of himself and wife when married, the presumption will be, that the furniture was a gift and not a loan to the daughter. But where it appeared that the... |
|
Cases |
|
| Offutt v. Hendsley |
9 La. 1, Supreme Court of Louisiana (January 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING. |
|
Cases |
|
| Owings v. Hull |
34 U.S. 607, Supreme Court of the United States (January 01, 1835) |
1835 |
IN error to the circuit court of the United States for the district of Maryland. The facts of the case, as stated in the opinion of court, were: The original suit is an action of assumpsit brought by the defendant in error against the plaintiffs in error (the original defendants); the declaration containing the money counts, an insimul... |
|
Cases |
|
| Palfrey v. His Creditors |
8 La. 276, Supreme Court of Louisiana (May 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Pass v. Dibrell |
16 Tenn. 470, Supreme Court of Tennessee (August 01, 1835) |
1835 |
The declaration is good in form, and reduces the question to this proposition: Can a suit at common law be maintained against a clerk of a court for a neglect of duty to the injury of a suitor? That the plaintiff has been injured by the non-feasance and the omission of an official duty, by the defendant, in not taking the bond to secure the return... |
|
Cases |
|
| Pender v. Fobes |
1 Dev. & Bat. 250, Supreme Court of North Carolina (June 01, 1835) |
1835 |
An oral contract, agreeing with that stated in the declaration, may be proved by any competent witness, who was present at the time, or who heard the defendant admit the existence of such contract. In two classes of cases, however, parol evidence is inadmissible. First, where the parties have entered into a written contract, for that is the best... |
|
Cases |
|
| Penrice v. Cocks |
1 Howard 227, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
On the trial of an issue, made up under the act of December, 1830, chapter 87, and the act of 1822, chapter 27, if the jury find for the plaintiff in the execution, they must assess the separate value of each piece of property levied on and claimed, or it will be error. |
|
Cases |
|
| Petermans v. Laws |
6 Leigh 523, Supreme Court of Appeals of Virginia (July 01, 1835) |
1835 |
Two objections were made in this case, to the admissibility of the copy of the deed of trust, which was introduced at the trial, and either of them appears to me to be insurmountable. The deed of trust was executed in North Carolina, and purports to have been registered there. It is obvious, however, that it was not authenticated according to the... |
|
Cases |
|
| Pickens' Ex'rs v. Walker's Heirs |
3 Dana 167, Court of Appeals of Kentucky (June 05, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR CUMBERLAND COUNTY. Samuel Walker being indebted to Thomas Pickens, by judgment, in the sum of about one hundred and twenty pounds besides the costs of a scire facias, which had been issued for reviving the judgment, they entered into the following agreement, viz: Whereas Samuel Walker and Thomas Pickens have... |
|
Cases |
|
| Pickett Ex'rs v. Ford |
4 Howard 246, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
Where the replication was in these words: issue to second plea, it held that the defect was cured after verdict, by the statute of Jeofails. It should have been taken advantage of by demurrer. A remittitur may be entered by counsel. It is a familiar rule of practice, that it is error to permit a deposition to be read in evidence,... |
|
Cases |
|
| Poole v. Vernon |
2 Hill (SC) 667, Court of Appeals of Law and Equity of South Carolina (June 01, 1835) |
1835 |
The points made by the pleadings, and brought up by this appeal, seem to be: 1. As to the right of the sheriff to take the bond of A. Vernon under the order for security in the action of trover: 2. As to the validity of a prison bounds bond, in such a case: 3. As to the effect of the discharge of A. Vernon by the commissioners of special bail,... |
|
Cases |
|
| Poultney's Heirs v. Cecil's Ex'r |
8 La. 321, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Prosser v. Leatherman |
4 Howard 237, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
It is a good defence to an action on a promissory note, that the note belonged to the estate of a deceased person, and that the plaintiff received it of the administrator in payment of an individual debt due by the latter, or in exchange for other property, with full knowledge of the fact. |
|
Cases |
|
| Sarter v. Gordon |
2 Hill Eq. 121, Court of Appeals of Law and Equity of South Carolina (January 01, 1835) |
1835 |
I shall first consider that which perhaps constitutes the only difficult or material subject of investigation in the casethe question, whether the bill for the specific performance of this contract can be maintained in this Court, which constitutes the sixth ground of the appeal. The cases of Pusey v. Pusey, 1 Vern. 273; of Duke of Somerset... |
|
Cases |
|
| Saunders v. Gatlin |
1 Dev. & Bat.Eq. 86, Supreme Court of North Carolina (June 01, 1835) |
1835 |
Upon the argument it was urged by the counsel for the plaintiff, that his right to recover, unless prevented by some of the bars set up because of lapse of time, was established by the decision made in the suit referred to in the pleading, (vide Speight v. Gatlin, 2 Dev. Eq. Cas. 5.) That decision is regarded by us as conclusively settling the... |
|
Cases |
|
| Scott v. Lloyd |
34 U.S. 418, Supreme Court of the United States (January 01, 1835) |
1835 |
IN error to the circuit court of the United States for the county of Washington, in the District of Columbia. An action of replevin was instituted in March 1825, by John Lloyd, in the circuit court of the United States for the county of Alexandria, against Charles Scott, bailiff of William S. Moore; and a declaration was filed in the common form,... |
|
Cases |
|
| Scott v. Shufeldt |
5 Paige Ch. 43, Chancery Court of New York (January 01, 1835) |
1835 |
Where the parties were white persons, and the complainant was charged by the oath of the defendant as the putative father of her bastard child, and the complainant thereupon, believing the child to be his, married her to obtain his discharge from the proceedings against him under the bastardy act, and he subsequently ascertained that the child was... |
|
Cases |
|
| Sewall v. Franklin |
2 Port. 493, Supreme Court of Alabama (June 01, 1835) |
1835 |
This was an action of debt, founded on a bond in the penal sum of twenty-eight thousand dollars, payable to the plaintiff; and conditioned, that whereas, said plaintiff had obtained an attachment in his favor, against the estate of Daniel Stowe, in the sum of fourteen thousand dollars, and which had been levied by James P. Bates, sheriff of Mobile... |
|
Cases |
|
| Shane v. Withers' Legatees |
8 La. 489, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Simpson v. Mitchell |
16 Tenn. 417, Supreme Court of Tennessee (August 01, 1835) |
1835 |
It is manifest from the face of the deed in this case that, although it purports in terms to be an absolute conveyance of the property, in fact it was only intended as a security to Simpson. The stipulation that some of the property should be again sold, and the proceeds accounted for, and to be applied to the payment of certain debts, is... |
|
Cases |
|
| Slocomb v. Breedlove |
8 La. 143, Supreme Court of Louisiana (March 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Smith's Heirs v. Christmas |
15 Tenn. 565, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
The first question to be considered is as to the true construction of this agreement. The obvious meaning of this covenant is that a deed was to be made for the land, and possession given, on the one hand, and the payment of the purchase money, secured by the execution of the notes, on the other, at one and the same time, and that time, as fixed in... |
|
Cases |
|
| Spencer v. Sloo |
8 La. 290, Supreme Court of Louisiana (May 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| State v. Castles |
2 Hill (SC) 617, Court of Appeals of Law and Equity of South Carolina (May 01, 1835) |
1835 |
There is no such offence as obstructing a patrol in the performance of their duty. To assault a public officer in the discharge of his duty, is an aggravated misdemeanor; but the assault is the offence, and the fact of its being committed on a public officer is mere aggravation; and so, to assault a patrol would be a misdemeanor, and it might also... |
|
Cases |
|
| State v. Cleary |
2 Hill (SC) 600, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
The point involved in this case was decided in the case of the State v. Harris. The motion to reverse the decision of the judge below, is granted. |
|
Cases |
|
| State v. Ferguson |
2 Hill (SC) 619, Court of Appeals of Law and Equity of South Carolina (June 01, 1835) |
1835 |
In considering the grounds of this motion, I propose first to examine the proposition contained in the sixth, in the order in which they are set down in the brief: That the evidence introduced by the State made out a clear case of manslaughter and not of murder. This proposition concedes the fact of killing, and assumes that the... |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| State v. Foreman |
16 Tenn. 256, Supreme Court of Tennessee (July 01, 1835) |
1835 |
On the 18th of November, 1833, the legislature of this state extended the civil jurisdiction of the counties of Marion, Hamilton, Rhea, McMinn, and Monroe, so as, by the extension of the limits of the several counties, to include the country within the occupancy of the Cherokee Indians which lies within the boundary of the state of Tennessee. But... |
|
Cases |
|
| State v. Smith |
16 Tenn. 150, Supreme Court of Tennessee (May 01, 1835) |
1835 |
Forgery is the fraudulent making or alteration of a writing, to the prejudice of another's right. This is the definition given by the 40th section of the penitentiary act, extracted from Blackstone's Com., vol. ??4, p. 247, and must be pursued. The prejudice to another man's right must be an intent to cheat and defraud that other of a right to... |
|
Cases |
|
| State, to Use of Gentry v. Fry |
4 Mo. 120, Supreme Court of Missouri (August 01, 1835) |
1835 |
STATEMENT OF CASE BY JUDGE MCGIRK. This was an action of debt brought in the name of the State to the use of Gentry and wife, against Fry as the guardian of Elvira Fry, the wife of Gentry and also against the securities. Since the bond was made the marriage took place--several breaches were assigned on the condition of the bond, alleging that Fry... |
|
Cases |
|
| Stockton v. Truxton |
8 La. 224, Supreme Court of Louisiana (April 01, 1835) |
1835 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
|
Cases |
|
| Stover v. Boswell's Heirs |
3 Dana 232, Court of Appeals of Kentucky (June 12, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Statement of the case. The appellant claiming to be the widow and heir of Mingo Stover, upon notice to the appellees at the September term of the Fayette Circuit Court, moved said Court, to quash a sale of a house and lot in Lexington, made under their executions, issuing from said Court, No. 836, 837, and... |
|
Cases |
|
| Strawbridge v. Turner |
8 La. 537, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
|
Cases |
|