TitleCitationYearSummaryMost RelevantTypeStatus
Dozier v. Joyce 8 Port. 303, Supreme Court of Alabama (June 01, 1838) 1838 Error to the Circuit court of Autauga.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Drayton ads. Moore Dud. 268, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 This action was brought to recover damages of the defendant on account of an injury done to the wharf of the plaintiff by the vessel of the defendant having been run against it. The following statement comprises the case. Dr. Drayton was the owner of a schooner, the command of which was given to a black man. The schooner being destined for...   Cases  
Duncan v. Moon Dud. 332, Court of Appeals of Law of South Carolina (May 01, 1838) 1838 In a transaction between A and B, the latter entered into an agreement acknowledging the receipt from A of sundry notes, and covenanting to pay the amount of them, when collected, to C, and to account to him for certain losses, &c.-it was held that C might maintain an action on the covenant against B, for a breach of it.   Cases  
Duncan v. Tobin Dud.Eq. 161, Court of Appeals of Equity of South Carolina (February 01, 1838) 1838 Where all the legatees appear to have been equally the objects of the testator's bounty, the legacy of one shall not abate the favor of that of another, but the rule is that residuary legacies shall abate in favor of prior bequests, and general legacies in favor of specific. As between the legatees of the corpus and of the income, they must...   Cases  
DUTIES OF ATTORNEY GENERAL-PRE-EMPTIONS. 3 U.S. Op. Atty. Gen. 309 (March 10, 1838) 1838     Administrative Decisions & Guidance  
Dyer v. State 19 Tenn. 237, Supreme Court of Tennessee (December 17, 1838) 1838 Isham Dyer was indicted and convicted of the offence of retailing spirituous liquors, and as a punishment therefor was sentenced by the judgment of the Circuit Court of Davidson county to pay a fine of ten dollars, to reverse which this writ of error is prosecuted, and it is now contended on his behalf that the judgment of the court below ought to...   Cases  
Edgerton v. Muse Dud.Eq. 179, Court of Appeals of Equity of South Carolina (February 01, 1838) 1838 If there be a decree in equity in favor of husband and wife, and the husband die, the decree will survive to the wife, though her name might not have been necessarily joined in the proceedings. But where there has been an order to pay the money to the husband, this is such an appropriation that it will go to his representatives upon his death.   Cases  
Edmundson v. Roberts 2 Howard 822, High Court of Errors and Appeals of Mississippi (January 01, 1838) 1838 Jurisdiction of the probate court. If the administrator has failed to return an inventory, or has received the profits of the estate and converted them to his own use, or squandered them, he is liable on his bonds. If the administrator illegally sell lands, or personal property, such sale will not change the title. And when the sale is legal he is...   Cases  
Edwards v. Williams 2 Howard 846, High Court of Errors and Appeals of Mississippi (January 01, 1838) 1838 Whenever one party speaks of a matter which must necessarily be within the knowledge of the other, suffering the statement to remain uncontradicted will be construed an admission of the fact stated. But the rule cannot be extended further. If the matter spoken of be not within the knowledge of the party addressed, his failure to contradict the...   Cases  
Erwin v. Henry 5 Mo. 469, Supreme Court of Missouri (August 01, 1838) 1838 In 1836, Erwin filed her bill in the Circuit Court of Lincoln county, praying that court to decree to her a specific legacy which she alleges was bequeathed to her by the last will and testament of one Malcom Henry. The bill was demurred to for want of equity, and was dismissed by the court. It appears by the record that the testator, Malcom N....   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Ex parte Wamer Dud.Eq. 154, Court of Appeals of Equity of South Carolina (February 01, 1838) 1838 Under the act of 1789, providing for posthumous children, the child takes only a share of the particular interest or estate, whatever they may be, which is given to the child provided for by the will A limitation in a will, giving over the property in the event of either of the testator's children dying without issue, cannot directly apply to the...   Cases  
Fagan v. Jones 2 Dev. & Bat.Eq. 69, Supreme Court of North Carolina (June 01, 1838) 1838 It is submitted to us to say in the first place, whether the legacies given in the above recited clause of Joseph Webb's will, are general legacies. We answer that they undoubtedly are general legacies. The words or the value thereof in property, are to be considered only as a charge on the real and personal estate of the testator to satisfy...   Cases  
Faulkner & Carns v. Wright, Coker & Tuttle Rice 107, Court of Appeals of Law of South Carolina (December 01, 1838) 1838 These were several actions of assumpsit against the defendants, owners of the Steamer Atalanta, for the value of certain goods shipped by the respective plaintiffs, and alleged to have been lost, on board the said steamer, plying on the Pedee River, between Georgetown and Cheraw. The defence set up was, that the Atalanta sunk by running on a...   Cases  
Feemster v. Smith Rice Eq. 34, Court of Appeals of Equity of South Carolina (December 01, 1838) 1838 The testator, Andrew Roberts, by his last will and testament, devised, (among other things) as follows; Item, my will is for my wife to have any such property as her and my executor shall think proper for the support of her and my child, without being put to sale. Item, I leave it with the discretion of my executor to sell such property as he...   Cases  
Ferguson v. Stephens 5 Mo. 211, Supreme Court of Missouri (April 01, 1838) 1838 This was an action of detinue, commenced in the Circuit Court of Montgomery county, by E. S. Ferguson, a minor, by McKinney, her guardian, against Stephens. In the progress of the suit the plaintiff took a non-suit, and afterwards moved the court to set it aside, which motion being overruled, this writ of error is prosecuted to reverse the judgment...   Cases  
Fisk v. Hart 11 La. 479, Supreme Court of Louisiana (January 01, 1838) 1838 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE THEREOF PRESIDING.   Cases  
Flournoy v. Smith 3 Howard 62, High Court of Errors and Appeals of Mississippi (December 01, 1838) 1838 Any person whose interests are affected by a judgment, may prosecute a writ of error. Where a deputy sheriff purchased land at a sheriff's sale, and the sale was set aside by motion: Held, the deputy had sufficient interest in the judgment to enable him to sue out a writ of error. Where a deputy sheriff purchased land at sheriff's sale, the sale...   Cases  
Forstall and Co. v. Blanchard 12 La. 1, Supreme Court of Louisiana (February 01, 1838) 1838 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF WEST BATON ROUGE, THE JUDGE THEREOF PRESIDING.   Cases  
Foscue v. Foscue 2 Dev. & Bat.Eq. 65, Supreme Court of North Carolina (June 01, 1838) 1838 After stating the substance of the bill proceeded as follows: The legacy being specific, after an assent by the executor he was clearly liable at law to an action by the legatee. Because an interest in the specific legacy vests at law in the legatee upon the assent of the executor. 2 Williams on Executors, 1188. But, is the jurisdiction lost which...   Cases  
Frank v. Powell 11 La. 499, Supreme Court of Louisiana (February 01, 1838) 1838 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF WEST FELICIANA, THE JUDGE THEREOF PRESIDING.   Cases  
George v. Fitzgerald 12 La. 604, Supreme Court of Louisiana (October 01, 1838) 1838 APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE OF THE DISTRICT PRESIDING.   Cases  
Gibson v. McCormick 10 G. & J. 65, Court of Appeals of Maryland (December 01, 1838) 1838 It is not necessary that a creditor's bill under the act of 1785, ch. 72, should provide for the coming in of the other creditors, to participate in the burdens and benefits of the suit. Without such a provision, it may be treated as a creditor's bill, in the decree and other proceedings founded upon it. Where a mortgagee is made a defendant to a...   Cases  
Goodwyn v. Lloyd 8 Port. 237, Supreme Court of Alabama (June 01, 1838) 1838 There was no error in the admission of the deposition. The statute authorises it to be taken when the witness is about to leave the State: should he remain until the trial of the cause, it cannot be read. But his failure to put his determination of leaving the State into execution, until after a term of the court had elapsed, would surely not...   Cases  
Gorton v. Gorton 12 La. 476, Supreme Court of Louisiana (October 01, 1838) 1838 APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT FOR THE PARISH OF AVOYELLES, THE JUDGE OF THE SEVENTH PRESIDING.   Cases  
Graham v. Davidson 2 Dev. & Bat.Eq. 155, Supreme Court of North Carolina (December 01, 1838) 1838 There is no trust which can be reposed in one person over the property of another, in regard to the management whereof, a full and detailed account is more imperiously demanded, than in that which the law confides to a guardian over the estate of his ward. Hence where an alleged settlement is set up by a guardian as a bar to an account, and it is...   Cases  
Graves v. Smede's Adm'r 7 Dana 344, Court of Appeals of Kentucky (November 01, 1838) 1838 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. The Circuit Court sustained a demurrer to a declaration in an action of covenant on the following writing: A letter offering to make a contract becomes, in effect, and by virtue of the act placing certain writings without seals on the same footing with those that have them, a covenant, as soon as the...   Cases  
Greene v. Linton 7 Port. 133, Supreme Court of Alabama (January 01, 1838) 1838 Error to the Circuit court of Pickens county.   Cases  
Greenlee's Adm'r v. Bailey 9 Leigh 526, Supreme Court of Appeals of Virginia (July 01, 1838) 1838 Since the decisions of Catlett's ex'or v. Russell, 6 Leigh 344. and Allen's ex'or v. Harlan's adm'r, Id. 42. it must be taken as settled law that an executor or administrator cannot be charged in detinue, merely on the possession of the testator or intestate; and that the thing sued for must have come to the hands of the representative himself, and...   Cases  
Hairston v. Woods 9 Leigh 308, Supreme Court of Appeals of Virginia (March 01, 1838) 1838 (Absent Brooke, J.) By a fieri facias, the sheriff is commanded to cause principal, interest and costs to be levied of the goods and chattels of J. W. deceased in the hands of S. H. his administrator, if so much thereof he hath, but if not, then out of the goods and chattels of S. H. There being no goods and chattels of J. W. in the hands of S. H....   Cases  
Hampton's Heirs v. Barrett 12 La. 159, Supreme Court of Louisiana (April 01, 1838) 1838 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Handly v. Snodgrass 9 Leigh 484, Supreme Court of Appeals of Virginia (July 01, 1838) 1838 The delay of legatees for eight years to institute a suit to surcharge and falsify the settled accounts of an executor, is not sufficient ground for refusing relief, especially as one of the complainants was a female and under age when the settlement was in progress, though probably of full age when it was returned to the court of probate and...   Cases  
Hard v. Stone & Suttle 5 Cranch C.C. 503, Circuit Court, District of Columbia (November 01, 1838) 1838 [This was an action at law by Thomas Hard against James W. Stone and John H. Suttle.] Attachment under Act Md. 1795, c. 56.   Cases  
Harrington v. Harrington 2 Howard 701, High Court of Errors and Appeals of Mississippi (January 01, 1838) 1838 To admit depositions taken in one case to be read in another, 1. The parties must be the same, or in privity. 2. The question in controversy must be the same. 3. It must appear, that had the testimony been different, it would have been prejudicial to the party introducing it. 4. That the verdict and judgment rendered in one case would be evidence...   Cases  
Harrison v. Campbell 6 Dana 263, Court of Appeals of Kentucky (April 16, 1838) 1838 FROM THE CIRCUIT COURT FOR JESSAMINE COUNTY. Statement of the case. These bills were filed separately by Campbell and Horine, creditors of Charles M. Davenport, deceased, to subject the same property to the payment of their respective demands, on the ground that it had been fraudulently conveyed by Davenport, in his lifetime, and is still subject...   Cases  
Hawkins v. Bowie 9 G. & J. 428, Court of Appeals of Maryland (June 01, 1838) 1838 A writ of error, coram nobis, lies to correct an error in fact, in the same court, where the record is. But an error in law, which is the default of the judges, the same court cannot correct, by writ of error, or without; such error should be redressed by another court. The death of the plaintiff before the impetration of the writ, should be...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Henderson v. Bryan 12 La. 10, 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.   Cases  
Hennen v. Hennen 12 La. 190, Supreme Court of Louisiana (April 01, 1838) 1838 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Henry v. Keays 12 La. 214, Supreme Court of Louisiana (April 01, 1838) 1838 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Hill's Ex'x v. Rogers Rice Eq. 7, Court of Appeals of Equity of South Carolina (December 01, 1838) 1838 The law allows a debtor to prefer one creditor to another. This may be done by confessing a judgment in favor of one creditor while a suit is pending against the debtor in favor of another creditor; and although it may operate to the prejudice of the latter, that is no ground of relief in equity.   Cases  
Hinds v. Brazealle 2 Howard 837, High Court of Errors and Appeals of Mississippi (January 01, 1838) 1838 No state is bound to recognise or enforce a contract made elsewhere, which would injure the state or its citizens; or which would exhibit to her citizens an example pernicious and detestable. It is a settled and sound principle, that no state will enforce a contract made by its citizens elsewhere in violation and fraud of its laws. B. carried a...   Cases  
Hines v. Spruill 2 Dev. & Bat.Eq. 93, Supreme Court of North Carolina (June 01, 1838) 1838 As the appellees have chosen to submit the cause here without an argument on their part, and the decree contains no reference to the grounds upon which it was rendered, we are under the necessity of ascertaining these as well as we can by our own unaided suggestions. We much regret this necessity, since it is probable that considerations which...   Cases  
Hitchcock v. Lukens 8 Port. 333, Supreme Court of Alabama (June 01, 1838) 1838 Error to the Circuit court of Mobile.   Cases  
Holloway v. Lowe 7 Port. 488, Supreme Court of Alabama (June 01, 1838) 1838 Error to the Circuit court of St. Clair county.   Cases  
Hood v. McCorkle 12 La. 573, Supreme Court of Louisiana (October 01, 1838) 1838 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF CARROLL, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Hooper v. Hooper 3&4 Dev. & Bat. 287, Supreme Court of North Carolina (December 01, 1838) 1838 We entirely approve of the opinion given by his Honor upon the legal construction of the deed from Susanna to Henry Hooper. Admit, as the plaintiff's counsel insists, that the endorsement, being cotemporaneous with the deed, should be regarded as a part thereof, it by no means follows that the meaning of what is declared by the endorsement, would...   Cases  
Hynson v. Terry 1 Ark. 83, Supreme Court of Arkansas (January 01, 1838) 1838 To charge a jury, that from the law of the case the court is of opinion that the plaintiffs have not made out such a case as will entitle them to recover; but that the facts are with the jury, is not such a charging, as to matters of fact, as is prohibited by the Constitution. In this respect, the Constitution has not altered the...   Cases  
In re Dorsey 7 Port. 293, Supreme Court of Alabama (June 01, 1838) 1838 In this case, a motion was made to admit John L. Dorsey, as an attorney and counsellor of the court, and to dispense with administering to him the oath, in relation to duelling, required by the act of eighteen hundred and twenty-six. As this is a case sui generis, and of great importance, involving the constitutional power of the legislature, to...   Cases  
In re Hannah 2 Harr. 365 (April 01, 1838) 1838 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...   Trial Court Orders  
Jennings v. Sykes 2 Dev. & Bat.Eq. 151, Supreme Court of North Carolina (December 01, 1838) 1838 We are not aware of any equity, on which the bill can be supported: and are of opinion that it must be dismissed. If the defendants had found it necessary to seek their redress here, their obligations to remunerate the plaintiffs for outlays, of which they derived the benefit, might perhaps be recognised. But that is not the case. The guardian did...   Cases  
Johnson v. Wideman Dud. 325, Court of Appeals of Law of South Carolina (May 01, 1838) 1838 An admission of the plaintiff's case, by the defendant must be entered upon the record, in order to entitle the latter to the reply under the sixty-second rule of Court.   Cases  
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