| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Warren v. Hall |
6 Dana 450, Court of Appeals of Kentucky (April 27, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR SCOTT COUNTY. Charles W. Hall having filed a bill in chancery in the Scott Circuit Court, against John Hall, then of this State, and also against one McGruder, for the purpose of obtaining a decree for money, and John Hall having, after he answered the bill, died in Louisiana, where during the pendency of the suit, he had... |
|
Cases |
|
| Weed v. Saratoga & S.R. Co. |
19 Wend. 534, Supreme Court of Judicature of New York (January 01, 1838) |
1838 |
Where a merchant's clerk who had been sent out on a tour of collection for his principal, paid his fare as a passenger in a railroad car, and committed his trunk, which contained money belonging to his principal, not exceeding a reasonable amount for travelling expenses, to the agent of the proprietors of the railroad, and the trunk was lost, IT... |
|
Cases |
|
| Weed v. Saratoga & S.R. Co. |
19 Wend. 534 (January 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 |
|
| Weedon v. Wallace |
19 Tenn. 286, Supreme Court of Tennessee (December 01, 1838) |
1838 |
It is unnecessary to discuss the merits of the original bill in this case, because, after the most mature deliberation, the Court is constrained to dismiss the cause on account of the champertous contract between the complainant Weedon and Colville, his agent for prosecuting the suit. Where a right to recover is clearly established on the part of a... |
|
Cases |
|
| White v. McQuillan |
12 La. 530, 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 |
|
| Wilson v. Alexander |
9 Leigh 459, Supreme Court of Appeals of Virginia (July 01, 1838) |
1838 |
With respect to the first bill of exceptions, there appears to be nothing calling for any particular observation. The execution of the receipt being proved by other evidence, it was plainly unnecessary to call upon the sheriff who gave it. The question whether, in an action upon an indemnifying bond taken under the 25th section of the act, 1 Rev.... |
|
Cases |
|
| Wyman v. Campbell |
6 Port. 219, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the Circuit court of Montgomery county. |
|
Cases |
|
| Yancy v. Holladay |
7 Dana 230, Court of Appeals of Kentucky (October 19, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR OWEN COUNTY. Statement of the case. Thomas Colston, of Virginia, by his last will, directed that a certain portion of his estate should be sold by his executors, and the proceeds divided among certain legatees. The children of Sarah Holladay, wife of Benjamin Holladay, were entitled to one share of those proceeds. About... |
|
Cases |
|
| Abrahams v. English |
17 N.J.L. 280, Supreme Court of Judicature of New Jersey (November 01, 1839) |
1839 |
In Ejectment for lands in Monmouth. D. E. devised his land to his grandson D. C. in fee; but if he happens to die before he arrives at the age of twenty-one years, or to have heirs of his body lawfully begotten, then the lands shall be given to his grand-daughter E. H. &c. Held that the word or must be understood to mean and, and without heirs, &c.... |
|
Cases |
|
| Adams v. Bell |
13 La. 555, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. |
|
Cases |
|
| Avart v. King |
14 La. 62, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. |
|
Cases |
|
| Bailly v. Percy |
14 La. 17, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. |
|
Cases |
|
| Baldwin v. Criswell |
14 La. 166, Supreme Court of Louisiana (October 01, 1839) |
1839 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF CATAHOULA. |
|
Cases |
|
| Bank of Augusta v. Earle |
38 U.S. 519, Supreme Court of the United States (January 01, 1839) |
1839 |
IN error to the Circuit Court of the United States for the southern district of Alabama. These cases were brought from the Circuit Court of the southern district of Alabama, by the plaintiffs in each case, by writs of error. The cases of the Bank of Augusta vs. Joseph B. Earle, and of the Bank of the United States vs. William D. Primrose, were... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Bank of U.S. v. Lee |
38 U.S. 107, Supreme Court of the United States (January 01, 1839) |
1839 |
ON appeal from the Circuit Court of the United States, for the county of Washington, in the District of Columbia. The appellant filed a bill in the Circuit Court, stating, that in 1817, Richard Bland Lee represented himself to be the owner of certain after mentioned property, then in his possession; that he applied to the bank for a loan of $6000,... |
|
Cases |
|
| Banks v. Wilks |
20 Tenn. 279, Supreme Court of Tennessee (April 01, 1839) |
1839 |
The counsel for the plaintiff in error has argued, with much learning and ingenuity, that in all actions at common law, as well where the plaintiff sues upon his special case as in other forms of action, it is necessary to his maintenance of the suit that the injury complained of should be either some invasion of his possession of property or... |
|
Cases |
|
| Baptiste v. Soulie |
13 La. 268, Supreme Court of Louisiana (April 01, 1839) |
1839 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
|
Cases |
|
| Barelli v. Hagan |
13 La. 580, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FIRST JUDIClAL DISTRICT, JUDGE BUCHANAN PRESIDING. |
|
Cases |
|
| Baskins v. Giles |
Rice Eq. 315, Court of Appeals of Equity of South Carolina (May 01, 1839) |
1839 |
The act of 1823, p. 35, provides that no marriage settlement shall be valid until recorded in the office of the register of mesne conveyance in the district where the parties reside; provided that the parties shall have three months to record the same, and if not recorded within three months the same shall be null and void. HELD, by a... |
|
Cases |
|
| Behan v. Hite |
14 La. 67, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. |
|
Cases |
|
| Bettis v. Taylor |
8 Port. 564, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the Circuit court of Mobile. Trial of the right of property, before Pickens, J. |
|
Cases |
|
| Beverly v. Williams |
3&4 Dev. & Bat. 378, Supreme Court of North Carolina (June 01, 1839) |
1839 |
On questions of identity of persons, and of handwriting, it is every day's practice for witnesses to swear that they believe the person to be the same, or the handwriting to be that of a particular individual, although they will not swear positively; and the degree of credit to be attached to the evidence is a question for the jury. 1 Stark. Ev.... |
|
Cases |
|
| Bibb v. McKinley |
9 Port. 636, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to the Court of Chancery at Huntsville. Bill and answers heard before Chancellor Peck. |
|
Cases |
|
| Bissell v. Erwin's Heirs |
13 La. 143, Supreme Court of Louisiana (March 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE THEREOF PRESIDING. |
|
Cases |
|
| Boone v. Savage |
14 La. 169, Supreme Court of Louisiana (October 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE NINTH JUDICIAL DISTRICT, FOR THE PARISH OF CARROLL, THE JUDGE THEREOF PRESIDING. |
|
Cases |
|
| Bradford v. Dortch |
13 La. 79, Supreme Court of Louisiana (January 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST FELICIANA, THE JUDGE OF THE EIGHTH PRESIDING. |
|
Cases |
|
| Brown v. Lipscomb |
9 Port. 472, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to Marengo Circuit court. Detinue-tried before Chapman, J. |
|
Cases |
|
| Buffalow v. Buffalow |
2 Dev. & Bat.Eq. 241, Supreme Court of North Carolina (June 01, 1839) |
1839 |
The principle upon which Courts of Equity interfere, in cases of unequal agreements between attorney and client, extends equally to agreements between a party to a suit before a single magistrate before whom attorneys do not appear, and his friend and confidential adviser in such suit. Hence, an absolute conveyance of all his property, worth at... |
|
Cases |
|
| Burlingham v. Belding |
21 Wend. 463, Supreme Court of Judicature of New York (January 01, 1839) |
1839 |
A devise of lands without words of perpetuity, in a will made previous to the revised statutes, will not be construed to give a fee by implication, although there be a personal charge imposed upon the devisee, if there be a fund other than the realty, to which the devisee may look for indemnity, and in immediate connection with which the charge is... |
|
Cases |
|
| Burlingham v. Belding |
21 Wend. 463 (January 01, 1839) |
1839 |
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 |
|
| Burnett v. Maxey |
9 Port. 410, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to Morgan Circuit court. Trial of the right of property, before Lane, J. |
|
Cases |
|
| Burroughs v. McNeill |
2 Dev. & Bat.Eq. 297, Supreme Court of North Carolina (June 01, 1839) |
1839 |
Where a plaintiff can have as effectual and complete a remedy in a Court of Law as that for which he invokes the aid of a Court of Equity--a remedy, direct, certain and adequate--the defendant may insist that this remedy shall be sought for in the ordinary tribunal. But, this objection to the exercise of jurisdiction ought to be taken in due order... |
|
Cases |
|
| Burton v. Pressly |
Chev.Eq. 1, Court of Appeals of Equity of South Carolina (October 01, 1839) |
1839 |
If a new note were given in payment of an old one secured by mortgage, the mortgage must have fallen with the note on which it was founded: but otherwise, where for mere convenience a new note was executed to take the place of the old one; the object being substitution and not payment. What alterations on the face of an obligatory written... |
|
Cases |
|
| Bybee v. Kinote |
6 Mo. 53, Supreme Court of Missouri (October 01, 1839) |
1839 |
Bybee sued Kinote before a justice of the peace, where judgment went for the defendant, and upon appeal to the Circuit Court, judgment having gone again for the defendant, he appeals to this court. The substance of the testimony is preserved in the bill of exceptions, and the only question to this court relates to the proper exercise of the... |
|
Cases |
|
| Carmichael v. Browder |
3 Howard 252, High Court of Errors and Appeals of Mississippi (January 01, 1839) |
1839 |
The constitution gives the probate court exclusive jurisdiction, in all matters, specifically set forth in the article from which it derives its powers. It seems, however, if the court of probate be wholly incompetent to give relief, and the party has not, by his own laches, lost his remedy, it might be a proper case for the jurisdiction of a court... |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Catlett v. Marshall |
10 Leigh 79, Supreme Court of Appeals of Virginia (February 01, 1839) |
1839 |
(Absent Tucker, P.) A testator, having bequeathed annuities for life to his three nieces, Frances, Sybella and Ann, and charged them upon his real estate, devises, that upon the death of Frances, her annuity be given and continued to the second child of B. F. during his or her natural life; that upon the death of Sybella, her annuity be given and... |
|
Cases |
|
| Cecile v. St. Denis |
14 La. 184, Supreme Court of Louisiana (October 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF NATCHITOCHES, THE JUDGE OF THE SEVENTH PRESIDING. |
|
Cases |
|
| Chaffin v. Chaffin |
2 Dev. & Bat.Eq. 255, Supreme Court of North Carolina (June 01, 1839) |
1839 |
In a suit for an account, if the plaintiff examine the defendant before the master, upon a reference to him, and read his examination on the hearing, the answers to the interrogatories, so far as they are responsive thereto, will be evidence for the defendant, though subject to contradiction, upon the same principle that his answer to the bill is... |
|
Cases |
|
| Chambers v. Hise |
2 Dev. & Bat.Eq. 305, Supreme Court of North Carolina (June 01, 1839) |
1839 |
We have examined the instrument of writing, said by the plaintiff to be a mortgage, and upon its face we cannot hold it to be a mortgage. We have examined all the testimony offered, and that does not make it such. The deposition of the subscribing witness states, that the parties intended nothing more than what appears on the face of the... |
|
Cases |
|
| Chaplin v. Givens |
Rice Eq. 132, Court of Appeals of Equity of South Carolina (February 01, 1839) |
1839 |
It is a rule in equity, that if one comes into possession of trust property, with notice of the trust, he shall be considered as a trustee, and with respect to that property, bound to the execution of the trust. It is also a principle of equity, that a trustee, with notice of his appointment as such, interfering with the subject matter, shall not... |
|
Cases |
|
| Charles v. Elliott |
3&4 Dev. & Bat. 606, Supreme Court of North Carolina (December 01, 1839) |
1839 |
The gist of the action of detinue is the wrongful detainer at the date of the writ, and not the original taking of the chattel. 3 Bla. Com. 152, Co. Lit. 286, b. It is generally, therefore, incumbent on a plaintiff in this action, after shewing that he has an absolute orspecial property, and also a right to the immediate possession, also to shew an... |
|
Cases |
|
| Clarke v. Dunnavant |
10 Leigh 13, Supreme Court of Appeals of Virginia (January 01, 1839) |
1839 |
Though the attesting witnesses to a will have forgotten whether material requisitions of the statute were observed in the execution and attestation, or not, compliance with those requisitions may nevertheless be properly inferrible by the court of probate, from the circumstances of the case. A will more than eight years old, attested by three... |
|
Cases |
|
| Clarkson v. White's Guardian |
8 Dana 11, Court of Appeals of Kentucky (April 11, 1839) |
1839 |
FROM THE CIRCUIT COURT FOR BOURBON COUNTY. Although it seems sufficiently probable that the judgment confessed by Peter Clarkson to his brother-in-law, R. L. Clarkson, was fair and valid, yet it is entirely evident, not only that the latter had abandoned all hope of collecting it, and considered it of no value, but that the former would not have... |
|
Cases |
|
| Clayton v. Liverman |
3&4 Dev. & Bat. 379, Supreme Court of North Carolina (June 01, 1839) |
1839 |
The rules of law, as to the delivery of deeds, were properly laid down by the Judge, Moore vs. Collins, 4 Dev. 384. But we think that there was no evidence in this cause for the application of those rules. There were neither acts done nor words spoken, from which a delivery of the paper as a deed to the plaintiff, or to any person for him, could be... |
|
Cases |
|
| Cloud v. Martin |
2 Dev. & Bat.Eq. 274, Supreme Court of North Carolina (June 01, 1839) |
1839 |
We had occasion, in an action at law, some years ago, to intimate some of the opinions we had upon this will. Ctoud v. Martin, 1 Dev. and Bat. 397. Upon a re-perusal of it, we all think as we then did, as to the extent of the benefit intended for the grand-son. The education to be provided from the estate, was that which would be received during... |
|
Cases |
|
| Commonwealth v. Piper |
9 Leigh 657, General Court of Virginia (June 01, 1839) |
1839 |
By the 4th section of the act to reduce into one the several acts concerning public roads and for establishing public landings, passed February 2. 1819, (2 Rev. Code, ch. 236. p. 234.) the several county courts are directed to divide the roads into precincts, and appoint a surveyor over every precinct, whose duty it shall be to superintend... |
|
Cases |
|
| Danley v. Edwards |
1 Ark. 437, Supreme Court of Arkansas (January 01, 1839) |
1839 |
Where instructions upon abstract questions of law are given or refused by the court below, these instructions will not be noticed in this court, unless by bill of exceptions so much of the evidence in the case as presented the questions of law or testimony to which the instructions applied, is brought b fore to this court. It is the duty of the... |
|
Cases |
|
| Dawson v. Dawson |
Rice Eq. 243, Court of Appeals of Equity of South Carolina (February 01, 1839) |
1839 |
Richard Dawson, the testator, by his will, duly executed in the presence of three witnesses, bearing date the 2d day of May, 1820, devised and bequeathed his property to his seven children (then living), giving to each certain designated portions of his estate, with various limitations, (not necessary to be mentioned). On the 5th of July and 9th of... |
|
Cases |
|
| Deer v. Devin |
20 Tenn. 66, Supreme Court of Tennessee (December 01, 1839) |
1839 |
We have looked into this record with entire willingness to maintain, if we could, the decree of the chancellor; for if the expectations of the complainants to enjoy ultimately the property in dispute shall depend, not upon the will of their father, but upon the dying intestate of the defendant, without alienation, their expectations, however from... |
|
Cases |
|
| Dickey v. Malechi |
6 Mo. 177, Supreme Court of Missouri (September 01, 1839) |
1839 |
One Antoine Simmino, of Ste. Genevieve county, about the 5th of January, 1833, made his last will and executed it according to law, in the presence of two witnesses, John Findly and John Blital Beauvais, and died about four or five days after making his said will. John Campbell and Ebenezer Dickey, who had married sisters of Simmino, were appointed... |
|
Cases |
|