| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Dooly v. Jinnings |
6 Mo. 61, Supreme Court of Missouri (October 01, 1839) |
1839 |
1st. There was no notice, at the time of the sale, that the mare was unsound. 3 Hen. & Mun. 144, Argentbright v?? Campbell; Sugden on Vendors, 315. 2nd. An express warranty need not be in express terms. See 19 Johns. 290; 2 Harr. and Gill, 495; Wood v. Smith, 4 Carr and Payne, 45; Oneida Manufacturing Society v. Lawrence, 4 Cowen, 440; Jones v.... |
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Cases |
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| D'Orgenoy v. Droz |
13 La. 382, Supreme Court of Louisiana (April 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. |
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Cases |
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| D'Orgenoy v. Droz |
13 La. 389, Supreme Court of Louisiana (April 01, 1839) |
1839 |
ON AN APPLICATION FOR A RE-HEARING. |
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Cases |
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| Drane v. Bayliss |
20 Tenn. 174, Supreme Court of Tennessee (December 01, 1839) |
1839 |
In 1813 Isaac Shelby departed this life, having duly made and published his last will and testament, and therein appointed John Shelby executor and testamentary guardian of his children, who made probate of his will and gave bond and was qualified; he paid all the debts of the testator in due time, as it is to be presumed, nothing to the contrary... |
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Cases |
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| Edwards v. Nicholson |
13 La. 582, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. |
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Cases |
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| Ellis v. Prevost |
13 La. 230, Supreme Court of Louisiana (April 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, FOR THE PARISH OF TERREBONNE, THE JUDGE OF THE FOURTH PRESIDING. |
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Cases |
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| Emerson's Heirs v. Hall |
38 U.S. 409, Supreme Court of the United States (January 01, 1839) |
1839 |
IN error from the Supreme Court of the eastern district of Louisiana. In 1829, Charles H. Hall, residing in New York, presented a petition to the Court of Probates of the city and parish of New Orleans, stating that the estate of William Emerson, deceased, was indebted to him, in the sum of seventeen hundred dollars and upwards, with interest; and... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Emerson's Heirs v. Hall |
14 La. 1, Supreme Court of Louisiana (May 01, 1839) |
1839 |
IN ERROR FROM THE SUPREME COURT OF THE EASTERN DISTRICT OF LOUISIANA, TO THE SUPREME COURT OF THE UNITED STATES. |
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Cases |
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| Escurix v. Daboval |
13 La. 87, Supreme Court of Louisiana (March 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, FOR THE PARISH OF ST. JAMES, THE JUDGE OF THE FOURTH PRESIDING. |
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Cases |
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| Evans v. State |
20 Tenn. 394, Supreme Court of Tennessee (July 01, 1839) |
1839 |
The question in the case before us is whether the felony enacted by the 52d section of the act of 1829, ch. 23, is made out and established in proof by showing a constructive assault or assault in law by besetting the house of another. The section enacts that whoever shall feloniously and with malice aforethought assault any person with intent to... |
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Cases |
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| Ex parte Copeland |
Rice Eq. 69, Court of Appeals of Equity of South Carolina (February 01, 1839) |
1839 |
An application to remove trust property out of the State, will be refused, unless the court is well satisfied that a refusal of leave to do so, would materially injure the interests of the cestuy que trust. Where the expediency or necessity of the removal, is made clearly to appear, permission will be granted only on such terms as the nature of the... |
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Cases |
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| Ex parte Hunter |
Rice Eq. 293, Court of Appeals of Equity of South Carolina (May 01, 1839) |
1839 |
Where the appointment of a trustee, for the execution of trusts in favor of a wife, devolves upon the court, the appointment of the husband, either alone, or in conjunction with others, will not be allowed or sanctioned. |
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Cases |
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| Falls v. Gaither |
9 Port. 605, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to Marengo Circuit court. Detinuetried before Chapman, J. |
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Cases |
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| Farr v. Thompson |
Chev. 37, Court of Appeals of Law of South Carolina (October 01, 1839) |
1839 |
The rule, that one shall not discredit his own witness, is for the protection of the witness himself, and shall not be dispensed with by consent of the parties litigant. And the rule excludes, not only general evidence against the character, but former inconsistent declarations; and every matter that would be inadmissible or irrelevant, except for... |
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Cases |
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| Fenwick v. Grimes |
5 Cranch C.C. 603, Circuit Court, District of Columbia (November 01, 1839) |
1839 |
After the court had arrested the judgment in this cause, and had refused to give the plaintiff leave to amend his declaration [Case No. 4,733], it was, by consent, amended by adding a third count. The defendant pleaded in abatement; the plaintiff objected that the plea was not put in upon oath. The defendant had also pleaded non assumpsit, and the... |
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Cases |
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| Fisher v. Campbell |
9 Port. 210, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to Lowndes county Circuit court. Assumpsit, for goods sold and delivered-tried before Harris, J. |
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Cases |
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| Fitch v. Scott |
3 Howard 314, High Court of Errors and Appeals of Mississippi (January 01, 1839) |
1839 |
Where an attorney neglected to bring suit on a promissory note, at the first term after it was placed in his hands for collection; in consequence of which neglect, the claim was lost by the subsequent insolvency of the maker: Held, that the attorney was liable for the debt. An attorney has no authority to compromise the claim of his client, and if... |
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Cases |
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| Floyd v. Thompson |
3&4 Dev. & Bat. 616, Supreme Court of North Carolina (December 01, 1839) |
1839 |
The only point in the cause has so recently been before the Court, in the case of Ham v. Ham, 1 Dev. & Bat. Eq. Cas. 598, that it is unnecessary to refer in support of the judgment to any other authority. We then looked into all the cases in the books within our reach, and felt obliged to hold, that in such dispositions of personal chattels as... |
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Cases |
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| Fortier v. Labranche |
13 La. 355, Supreme Court of Louisiana (April 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. |
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Cases |
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| Foster v. Jones |
2 Dev. & Bat.Eq. 201, Supreme Court of North Carolina (June 01, 1839) |
1839 |
Upon the proofs, we have no hesitation in declaring that the allegation in the bill, that the late Mr. Hill purchased the land at the sheriff's sale in trust for the plaintiffs, and upon an agreement to hold the same as a security only, is not merely not established but is disproved. No objection has been made to the evidence because of its being... |
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Cases |
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| Franklin Bank v. Pennsylvania, D. & M. Steam Nav. Co. |
11 G. & J. 28, Court of Appeals of Maryland (December 01, 1839) |
1839 |
The suit is to recover the value of a package of bank notes, which it is alleged, the defendants undertook to carry safely from Baltimore, and deliver at Philadelphia, and which is charged to have been lost by reason of gross negligence. It is only necessary to take notice of those portions of the evidence offered at the trial, upon which the... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Friar v. State |
3 Howard 422, High Court of Errors and Appeals of Mississippi (January 01, 1839) |
1839 |
The question of the necessity and propriety of directing a special term of the circuit court, is a matter entirely within the discretion of the judge. No formal order is necessary by the statute. The twenty days notice by advertisement, required by the statute, is for the information of the public, but is not necessary to confer jurisdiction. In... |
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Cases |
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| Fripp v. Fripp |
Rice Eq. 84, Court of Appeals of Equity of South Carolina (February 01, 1839) |
1839 |
Although a court of equity may, it seems, refuse to enforce an agreement, on the ground of the inadequacy of the price, or consideration, yet the inadequacy must be so great as to be evidence of fraud, or that some unconscientious advantage was taken; in the absence of such circumstances, the court will not refuse its aid in enforcing an agreement,... |
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Cases |
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| Gardner v. Small |
17 N.J.L. 162, Supreme Court of Judicature of New Jersey (May 01, 1839) |
1839 |
Certiorari to Justice Plumer. A constable's return served this summons by reading it to, and leaving a copy with a person above the age of fourteen years, at the residence of J. Gardner, and on the other defendant by reading it to him and giving a copy, is defective, and can not be cured, amended, or supplied by affidavit. This was a judgment... |
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Cases |
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| Garnier v. Poydras |
13 La. 177, Supreme Court of Louisiana (March 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINTE COUPÉE, THE JUDGE OF THE SECOND PRESIDING. |
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Cases |
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| Gibson v. Huie |
14 La. 124, Supreme Court of Louisiana (October 01, 1839) |
1839 |
(Consolidated Cases.) APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT FOR THE PARISH OF RAPIDES, THE JUDGE OF THE SEVENTH PRESIDING. |
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Cases |
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| Gibson v. Huie |
14 La. 129, Supreme Court of Louisiana (October 01, 1839) |
1839 |
(Consolidated Cases.) |
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Cases |
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| Goldenbow v. Wright |
13 La. 371, Supreme Court of Louisiana (April 01, 1839) |
1839 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Cases |
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| Goodhue v. Barnwell |
Rice Eq. 198, Court of Appeals of Equity of South Carolina (February 01, 1839) |
1839 |
By agreement of the parties in interest, a partial partition of lands may be made; but this is not allowed in the compulsory partition by writ. The plaintiff in partition, must bring his suit against all the remaining cotenants, and every one must have a part set out in severalty. Although since the statute of frauds, a parol partition of lands is... |
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Cases |
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| Guerin v. Bagneries |
13 La. 14, Supreme Court of Louisiana (January 01, 1839) |
1839 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Cases |
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| Hall v. Howard's Adm'rs |
Rice 310, Court of Appeals of Law of South Carolina (May 01, 1839) |
1839 |
John Howard, the defendant's intestate, shortly before his death, with a view to a partial disposition of his effects and making some provision for the plaintiff, who had married his natural daughter, executed and delivered to the plaintiff the following note: At my death, I promise to pay, or cause my administrators or executors to pay, to... |
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Cases |
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| Hansford v. Mills |
9 Port. 509, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to the Circuit court of Autauga. Assumpsitbefore Shortridge, J. |
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Cases |
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| Hare v. State |
4 Howard 187, High Court of Errors and Appeals of Mississippi (December 01, 1839) |
1839 |
Where a person who was not a sworn officer, was permitted to go into the jury room after the jury had retired to make up their verdict, in a capital case, and to have charge of them in the absence of the bailiff, it was held a sufficient ground for a new trial. The act of the legislature of 1836 which takes away challenges to the array, except in... |
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Cases |
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| Hatton v. Weems |
10 G. & J. 377, Court of Appeals of Maryland (June 01, 1839) |
1839 |
Since the passage of the act of 1830, ch. 185, an appeal will not lie, from a decree of the court of chancery, or of the county courts as courts of equity, for the delivery of real or personal property, and an account of the rents and profits thereof, until such an account shall have been taken and finally acted upon by the court. APPEAL from the... |
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Cases |
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| Hauser v. Lash |
2 Dev. & Bat.Eq. 212, Supreme Court of North Carolina (June 01, 1839) |
1839 |
The plaintiffs, the next of kin of George Hauser, deceased, seek, by this bill, from the defendant, the administrator of the said George, an account of his administration of the estate of his intestate. Their right to an account is not resisted, and a reference to a commissioner for that purpose, follows of course, according to the usages of this... |
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Cases |
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| Herbemont's Ex'rs v. Thomas |
Chev.Eq. 21, Court of Appeals of Equity of South Carolina (October 01, 1839) |
1839 |
I direct that the proceeds [&c.] be divided into ten equal parts, six of which were separately bequeathed to six several persons, and then I devise and bequeath the remaining four tenths to my four nieces &c., designated by name. Held that the nieces were joint tenants, and the share of one who died before the death of the testatrix, went to... |
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Cases |
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| Hiriart v. Roger |
13 La. 126, Supreme Court of Louisiana (March 01, 1839) |
1839 |
APPEALL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, FOR THE PARISH OF LAFOURCHE INTERIOR, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Hodge v. Durnford |
13 La. 187, Supreme Court of Louisiana (April 01, 1839) |
1839 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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| Hogan v. Thorington |
8 Port. 428, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to Montgomery Circuit court. Case for a false warranty, tried by Judge A. Martin. |
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Cases |
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| Hopewell v. Cumberland Bank of Alleghaney |
10 Leigh 206, Supreme Court of Appeals of Virginia (April 01, 1839) |
1839 |
(Absent Tucker, P.) Several persons being bound as sureties for M. in bonds, and others being indorsers of notes for his accommodation at different banks, which notes had come to maturity and been protested for nonpayment, M. by deed of trust, mortgages property to be sold and applied to the indemnification of each and all of the sureties and... |
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Cases |
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| Hoskins v. Wilson |
3&4 Dev. & Bat. 385, Supreme Court of North Carolina (June 01, 1839) |
1839 |
The defendant insists, that the nominal purchase by Bartlett for the benefit of the guardian of the infant petitioners, was, in law, void, and that the plaintiff having only the title of the adult petitioners, was now, only tenant in common with the infants, and could not maintain an action of detinue against him, their guardian and representative.... |
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Cases |
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| Hunt v. Hamilton |
9 Dana 90, Court of Appeals of Kentucky (November 02, 1839) |
1839 |
FROM THE CIRCUIT COURT FOR FLEMING COUNTY. After the lapse of about thirty years from the death of Joseph Thompson, Uel Hunt and his wife, who claims to be one of the decedent's children, filed a bill in chancery against his administratrix, and the representatives of her sureties, and against others as his children, praying for a decree,... |
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Cases |
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| Hutchinson v. Thompson |
9 Ohio 52, Supreme Court of Ohio, In Bank (December 01, 1839) |
1839 |
The clause in the ordinance of 1787, for the government of the Northwestern Territory, declaring the navigable rivers therein common highways, etc. without any tax, impost, or duty therefor, does not prohibit the states formed in that territory, from legislating respecting those rivers, or affecting their navigation, when their regulations... |
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Cases |
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| In re Singleton's Will |
8 Dana 315, Court of Appeals of Kentucky (May 09, 1839) |
1839 |
FROM THE CIRCUIT COURT FOR WOODFORD COUNTY. |
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Cases |
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| Jackson v. Jackson |
10 Leigh 448, Supreme Court of Appeals of Virginia (July 01, 1839) |
1839 |
(Absent Brooke, J.) Question whether, in Virginia, assumpsit can be maintained on a promissory note, without averring a consideration in the declaration. Per Tucker, P. and Parker, J. the action cannot be maintained. Stanard and Cabell, J. contra. The writing on which this action was founded was in these words: I agree to settle with Thomas... |
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Cases |
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| Jackson's Adm'rs v. Moore |
8 Dana 170, Court of Appeals of Kentucky (June 07, 1839) |
1839 |
FROM THE CIRCUIT COURT FOR BOURBON COUNTY. Statement of the case. William D. Jackson, having an illegitimate child named Virilla, afterwards married the mother, recognized Virilla as his daughter; and had, by the same mother, a postnuptial son named Columbus, and then died, his wife and two children surviving. After the subseuent death of Columbus... |
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Cases |
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| James v. Tait |
8 Port. 476, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to Clarke Circuit court. Trespass quare clausum, tried by Pickens, J. |
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Cases |
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| Johnson v. Mitchell |
20 Tenn. 168, Supreme Court of Tennessee (December 01, 1839) |
1839 |
It appears from the proofs in this cause that, in 1815, Mary Currie, then of North Carolina, a widow of advanced age, having four children, one son and three married daughters, transferred to them by bill of sale the greater portion of her property, amounting in value to about the sum of $1,200 each. The property not so transferred consisted of two... |
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Cases |
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| Jones v. Read |
20 Tenn. 335, Supreme Court of Tennessee (April 01, 1839) |
1839 |
The first question to be considered is whether the judgments upon which this bill is founded are good and valid or are void. All these judgments (five in number) were obtained on motion for moneys paid by the complainant as surety for James Read. In a case of this sort the judgment must recite upon its face and assume the existence of all the facts... |
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Cases |
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| Kercheval v. Harney |
19 Tenn. 403, Supreme Court of Tennessee (January 17, 1839) |
1839 |
Previous to the passage of the Act of 1831, c. 25, the surety in a forfeited delivery bond was responsible for the payment of the whole amount of the judgment, without regard to the value of the property levied on. This sometimes operated a great grievance; to remedy which, the statute provides that the security or securities on any... |
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Cases |
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