| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Albea v. Griffin |
2 Dev. & Bat.Eq. 9, Supreme Court of North Carolina (June 01, 1838) |
1838 |
It is objected on the part of the defendants that by our act of 1819 all parol contracts to convey land are void, and that no part performance can, in this State, take a parol contract out of the operation of that statute. We admit this objection to be well founded, and we hold as a consequence from it that the contract being void, not only its... |
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Cases |
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| Alexander v. Bullard |
Rice Eq. 23, Court of Appeals of Equity of South Carolina (December 01, 1838) |
1838 |
The surety to a guardianship bond remains liable for the amount due from the guardian to his wards upon the adjustment of his accounts before the commissioner of this court, notwithstanding the wards have instituted proceedings against a former commissioner to whom some of their funds had been transferred by the guardian, and recovered a part of... |
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Cases |
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| Ancrum v. Dawson |
Dud.Eq. 145, Court of Appeals of Equity of South Carolina (February 01, 1838) |
1838 |
A female infant may bind herself by a marriage settlement of her own property, entered into with the consent of her father. A bond executed by the husband to trustees previous to his marriage, and duly recorded as a marriage settlement, covenanting whenever called upon to settle certain property, which was given by the will of his intended wife's... |
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Cases |
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| Angus v. Dickerson |
19 Tenn. 459, Supreme Court of Tennessee (December 01, 1838) |
1838 |
1. The first question is, whether there is a misjoinder of counts in this declaration. The first three counts are in trover, and it is contended in behalf of the plaintiff in error that the other four counts are in assumpsit, and are improperly joined with the counts in trover. It is clear that counts requiring different pleas and different... |
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Cases |
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| Anthony v. State |
19 Tenn. 265, Supreme Court of Tennessee (December 01, 1838) |
1838 |
For the plaintiff in error it is insisted: 1. That the Circuit Court erred in refusing to set aside the verdict and grant a new trial, because it is alleged that the facts proved on the trial are not sufficient to sustain the verdict. On attentively considering the proof set forth in the bill of exceptions. we are unable to come to the conclusion... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Ashby's Adm'x v. Smith's Ex'x |
9 Leigh 164, Supreme Court of Appeals of Virginia (January 01, 1838) |
1838 |
The ground on which the circuit superiour court rendered its decree, was, that there was not sufficient matter in the record to shew, that mrs. Smith, the appellee, was privy and consenting to the procurement and execution of Million's deed of trust of the 9th April 1824, or that she, by express directions, in person or by an agent authorized by... |
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Cases |
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| Atkinson v. Robinson |
9 Leigh 393, Supreme Court of Appeals of Virginia (April 01, 1838) |
1838 |
We are of opinion to affirm the decree. Without entering into a detail of the many grounds on which the court properly dismissed the bill, it suffices to say, that even if it were clearly proved that the decedent Beverley Robinson had, in the last hours of his life, acknowledged that the debt to Smart, which the complainant claimed, had not been... |
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Cases |
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| Baillio v. Innis's Executors |
12 La. 483, Supreme Court of Louisiana (October 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES. |
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Cases |
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| Baird v. Matthews |
6 Dana 129, Court of Appeals of Kentucky (April 05, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR JEFFERSON COUNTY. This was an action of assumpsit brought by Baird, Miller & Baldwin against Mathews, to recover damages for the breach of an alleged warranty in the sale of six hundred and sixteen barrels of flour, as superfine flour, when in fact, it consisted entirely of fine flour, and... |
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Cases |
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| Bank of Alexandria v. Dyer |
5 Cranch C.C. 403, Circuit Court, District of Columbia (March 01, 1838) |
1838 |
At law. Assumpsit [by the Bank of Alexandria] for money had and received by the defendants [Edward Dyer and Francis C. Dyer] to the plaintiff's use. The defendants pleaded non-assumpsit, and the statute of limitations of Maryland, (1715, c. 23.) The plaintiffs relied, that at the time of making the promise they were in the county of Alexandria in... |
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Cases |
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| Baxter v. Pope |
19 Tenn. 467, Supreme Court of Tennessee (December 01, 1838) |
1838 |
BAXTER AND HICKS v. POPE.--PLEADING. Rule to distinguish between counts in case ex contractu and ex delicto. In the former the contract and its violation are the gist of the suit--the injury sustained thereby is collateral thereto. In the latter, the wrong done, whether by misfeasance, malfeasance, or nonfeasance, is the gist of the action, the... |
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Cases |
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| Behan v. Faures |
12 La. 211, Supreme Court of Louisiana (April 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Bell v. McCormick |
5 Cranch C.C. 398, Circuit Court, District of Columbia (March 01, 1838) |
1838 |
Benjamin Prather, of Prince George's county, in Maryland, by his last will, made in 1836, after devising his real estate to his grandson, B. B. Nichols, and sundry pecuniary and specific legacies to several of his relations and friends, proceeds thus: My will is, that my two servants, Robert and Sarah, immediately after my decease, be set at... |
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Cases |
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| Bennett ads. Carter |
Dud. 142, Court of Appeals of Law of South Carolina (February 01, 1838) |
1838 |
The entry of a sale by an actioneer in his book, according to the vendue Act, is, a sufficient memorandum of the contract within the statute of frauds. Such entry is also the evidence of the sale, and is admissible to prove it, in an action brought by the auctioneer himself, to recover the difference between a first and second sale. |
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Cases |
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| Blanton v. King |
2 Howard 856, High Court of Errors and Appeals of Mississippi (January 01, 1838) |
1838 |
The jurisdiction of the probate court, is exclusive over the matters confided to to it by the constitution. The powers of the probate court, so far as its jurisdiction extends, are as ample as those of the court of chancery. The court of chancery has no authority to revise the proceedings of the probate court. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Blount v. Syms |
12 La. 173, Supreme Court of Louisiana (April 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, THE JUDGE OF THE DISTRICT PRESIDING. |
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Cases |
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| Boren v. McGehee |
6 Port. 432, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the Circuit court of Montgomery county. Trespass, upon a sheriff's deed, to try title. Plaintiff below declared against defendants, at the March term, eighteen hundred and thirty-six of said court: for that theretofore, he said plaintiff was possessed of a certain close, to wit, part of lots numbers two and nine, in square fifteen, in the... |
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Cases |
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| Bostwick v. Gasquet |
11 La. 534, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST FELICIANA, THE JUDGE OF THE EIGHTH PRESIDING. |
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Cases |
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| Botts v. Armstrong |
8 Port. 57, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Mobile. Forcible entry and detainer, tried before Judge Harris. |
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Cases |
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| Bourg v. Trahan's Heirs |
12 La. 278, Supreme Court of Louisiana (May 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF WEST BATON ROUGE. |
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Cases |
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| Bradlie v. Maryland Ins. Co. |
37 U.S. 378, Supreme Court of the United States (January 01, 1838) |
1838 |
In error to the circuit court of the United States for the district of Marryland. The case, as stated in the opinion of the Court, was as follows: The original action was upon a policy of insurance, dated the 22d of November, 1832, whereby the defendants, the Maryland Insurance Company, caused the plaintiffs, by their agents, (William Howell &... |
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| Bradshaw v. Ellis |
2 Dev. & Bat.Eq. 20, Supreme Court of North Carolina (June 01, 1838) |
1838 |
After examining the whole will, we are of opinion, that the testator did not mean, by the words my plantation, to confine the care of his wife only to the home tract of 565 acres; but that he designed to embrace under this designation the two tracts which he cultivated together as one farm. It seems to us, that a chattel interest in the other two... |
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Cases |
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| Breithaupt v. Bauskett |
1 Rich.Eq. 465, Court of Appeals of Equity of South Carolina (June 01, 1838) |
1838 |
Under the 4th section of the Act of 1795, 5 Stat. 271, a gift or devise to a mistress or illegitimate children, is not absolutely void, but only voidable at the election of the wife or legitimate children. The right to elect, is personal to the wife and children, and cannot be made by their representatives after their decease. The words of the Act,... |
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Cases |
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| Briscoe's Devisees v. Wickliffe |
6 Dana 157, Court of Appeals of Kentucky (April 09, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR BULLITT COUNTY. Statement of the case. In the year 1822, Samuel Briscoe died, after having first made his will, which was duly admitted to record in the Bullitt County Court, and is as follows: Item 1st. I do will and bequeath unto my wife, Nancy Briscoe, all my real estate, during her widowhood, or until one of my... |
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Cases |
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| Bronaugh v. Bronaugh |
6 Dana 124, Court of Appeals of Kentucky (April 05, 1838) |
1838 |
FROM THE JESSAMINE COUNTY COURT. By this writ of error, Sarah Bronaugh, executrix of George Bronaugh, deceased, seeks to set aside, on various grounds, an order made by the County Court of Jessamine, approving a report made by commissioners appointed to make a settlement of her fiducial accounts. The only exception to the report which we deem... |
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Cases |
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| Brou v. Kohn |
12 La. 102, Supreme Court of Louisiana (March 01, 1838) |
1838 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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| Brunson v. Brunson |
19 Tenn. 630, Supreme Court of Tennessee (December 01, 1838) |
1838 |
The first question of importance which the record presents, is upon the alleged gift of Asahel Brunson, the elder, to Jesse A. Brunson, of the bonds and notes, for the benefit of himself and his two surviving brothers. And upon this question two considerations arise. 1. Was the gift in fact made? 2. Did the delivery of the bonds and notes give to... |
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Cases |
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| Bunting v. Ricks |
2 Dev. & Bat.Eq. 130, Supreme Court of North Carolina (December 01, 1838) |
1838 |
Much less than actual or particular knowledge in detail is sufficient to convert a person into a trustee, who co-operates with a dishonest trustee in an act amounting to a breach of trust. If any thing appears calculated to excite attention or stimulate inquiry, the party is affected with knowledge of all that the inquiry would have disclosed.... |
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Cases |
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| Capal's Heirs v. McMillan |
8 Port. 197, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Wilcox county, exercising chancery jurisdiction. Tried before Judge Crenshaw. |
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Cases |
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| Caplinger v. Stokes |
19 Tenn. 175, Supreme Court of Tennessee (November 01, 1838) |
1838 |
It is certainly true, that if a guardian purchases property with his ward's money, although he take the title in his own name, he does not thereby acquire an absolute right to the ownership of it. He can not reap a benefit from the use of his ward's money. The advantage of any trade or purchase accrues to the benefit of the infant. 2 Kent's Com.... |
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Cases |
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| Carmichael v. Trustees of School Lands |
3 Howard 84, High Court of Errors and Appeals of Mississippi (December 01, 1838) |
1838 |
Where a plat and certificate of survey were admitted in evidence to the jury, when it did not appear that there was any question of boundary under the statute, or other proceeding to which it could properly refer: Held, the admission of the paper in evidence was irregular. Where the plat or survey was embraced in the bill of exceptions, they were... |
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Cases |
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| Carr v. Bob |
7 Dana 417, Court of Appeals of Kentucky (December 13, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. This appeal brings up for revision, a decree rendered in 1837, in favor of the widow and children of William Bob, on a bill filed by them, in 1836, against John Bob, as executor of the said William, who died in February, 1814, and also against Charles Carr, and the administrator of V. Prewit, who were... |
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Cases |
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| Caton v. MacTavish |
10 G. & J. 192, Court of Appeals of Maryland (December 01, 1838) |
1838 |
When the declaration in a case, referred to arbitration, presents a case cognizable in a court of law, it is not essential to support the jurisdiction of the court, that the matters in controversy submitted to, and decided by the arbitrators, should be properly subjects of common law jurisdiction. If, upon a reference by rule of court, the award be... |
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Cases |
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| Chandler v. Byrd |
1 Ark. 152, Supreme Court of Arkansas (July 01, 1838) |
1838 |
This was an action of debt, commenced by the plaintiff in error against the defendant and John H. Cocke, as securities for Alexander W. Cotton, on a bail bond. The undersigned, Alexander W. Cotton, of the county of Pulaski, in the Territory of Arkansas, as principal, and R. C. Byrd and John H. Cocke, his sureties, by these presents bind... |
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Cases |
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| Chapman v. Chevis |
9 Leigh 297, Supreme Court of Appeals of Virginia (March 01, 1838) |
1838 |
(Absent Brooke and Parker, J.) Where a sheriff makes return on an execution that he has received the money, and makes default in paying the same to the creditor, it is lawful for the creditor, upon a motion under the statute, 1 Rev. Code, ch. 134. ยง 48. to obtain judgment against the sheriff and such of his sureties as are alive, without... |
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Cases |
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| Chiles v. Jones |
7 Dana 528, Court of Appeals of Kentucky (December 05, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR NICHOLAS COUNTY. The action. This action of ejectment was commenced in 1831, on the demise of Chiles, claiming under the patent of William Hays, against the tenants of Jones who claimed under the elder patent of Jeremiah Moore. A judgment rendered in favor of the plaintiff, in 1832, was reversed by this Court, in 1834. A... |
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Cases |
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| Choteau v. Marguerite |
37 U.S. 507, Supreme Court of the United States (January 01, 1838) |
1838 |
ERROR to the supreme court of the third judicial district of the state of Missouri. In 1825, Marguerite, a woman of colour, by her next friend, Pierre Barrebeau, filed a declaration in the circuit court for the county of Jefferson, in the state of Missouri, alleging that Pierre Choteau, sr., had beat and bruised her, and unlawfully detained her in... |
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Cases |
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| Chunn v. Chunn |
19 Tenn. 131, Supreme Court of Tennessee (June 01, 1838) |
1838 |
The facts upon which petitioner's right to a decree depends, were submitted to a jury in the court below, and were all found in her favor. The propriety of the finding has not been questioned, and it is unnecessary for us in relation thereto to say more than that there is nothing, which, in our estimation, tends to sully the purity of one who seems... |
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Cases |
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| Clark v. Christine |
12 La. 394, Supreme Court of Louisiana (June 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF EAST FELICIANA, THE JUDGE OF THE EIGHT JUDICIAL DISTRICT PRESIDING. |
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Cases |
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| Conolly v. Bertrand |
12 La. 313, Supreme Court of Louisiana (May 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Copewood v. Taylor's Adm'r |
7 Port. 33, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the Circuit court of Lawrence county. |
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Cases |
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| Corporation of Washington v. Casanave |
5 Cranch C.C. 500, Circuit Court, District of Columbia (November 01, 1838) |
1838 |
Appeal from the judgment of a justice of the peace, rendered against the corporation of Washington upon a warrant for the penalty of $50, for that he the said Peter Casanave did, on the 2d day of September, 1838, keep a wood and coal-yard in the said city of Washington, to sell and barter firewood and coal, and did sell and barter firewood and... |
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Cases |
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| Cunningham v. Guignard & Green |
Dud. 351, Court of Appeals of Law of South Carolina (May 01, 1838) |
1838 |
Mutual accounts, to prevent the bar of the statute of limitations, are where each party has an open, unsettled account against the other, arising at the same time, and existing together. A demand on the part of the defendant, arising subsequent to that of the plaintiff, cannot be regarded as a mutual account. |
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Cases |
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| Cunningham, to Use of Remington, v. Offutt |
5 Cranch C.C. 524, Circuit Court, District of Columbia (November 01, 1838) |
1838 |
This was a motion by [William] Remington to order the marshal to pay over to him $69, which he had made under a fieri facias at the suit of [Otho M.] Linthicum against [Zachariah M.] Offutt; and the matter was submitted to the court upon the following case stated: On the 26th of May, 1835, a fieri facias was issued at the suit of [Samuel]... |
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Cases |
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| Cuny v. Robert |
12 La. 474, Supreme Court of Louisiana (October 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE THEREOF PRESIDING. |
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| Davis v. Davis |
5 Mo. 183, Supreme Court of Missouri (April 01, 1838) |
1838 |
Elizabeth Davis filed a bill in chancery, in the Circuit Court of Marion county. The bill states that in the year 1801, the complainant was married to one Shadrach Davis, and that she had by that marriage one son, Thomas J. Davis; that she lived with Shadrach Davis till the 7th of May, 1832, when her husband departed this life, possessed of an... |
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Cases |
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| Denton v. Duplessis |
12 La. 83, Supreme Court of Louisiana (March 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE DISTRICT PRESIDING. |
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Cases |
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| Dey v. Williams |
2 Dev. & Bat.Eq. 66, Supreme Court of North Carolina (June 01, 1838) |
1838 |
A legacy is not taken as a satisfaction of a debt due the legatee, there being assets to pay both the debt and legacy, if there is a difference in their natures, or in the time when they are payable, or when one is certain and the other contingent. JOHN WILLIAMS the testator of the defendants, was the guardian of his grandchild the feme plaintiff.... |
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Cases |
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| Dickey v. Maysville, W.P. & L. Turnpike Co. |
7 Dana 113, Court of Appeals of Kentucky (June 22, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR MASON COUNTY. The only question presented for consideration in this case, is whether Milus W. Dickey, as the contractor for carrying the United States' Mail from Maysville to Lexington, in this State, has the right, in execution of his engagement, to transport the mail in stage coaches on the turnpike road between those... |
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Cases |
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| Dodge v. Brittain |
19 Tenn. 84, Supreme Court of Tennessee (June 08, 1838) |
1838 |
This is an action for a malicious prosecution, in which the plaintiff below recovered a judgment for the sum of five hundred and fifty dollars; which judgment is sought to be reversed, because the verdict of the jury is contrary to the evidence, and because the law was erroneously expounded by the Court. Whatever may be the hardship in this case,... |
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Cases |
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