TitleCitationYearSummaryMost RelevantTypeStatus
Grand Gulf Bank v. Henderson 5 Howard 292, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 When money is levied under several executions, that is entitled to be first satisfied which issued upon the oldest judgment, unless it has been delayed or suspended in fraud of the rights of other creditors.   Cases  
Green v. Burke 23 Wend. 490, Supreme Court of Judicature of New York (January 01, 1840) 1840 A levy by virtue of an execution is not always a satisfaction of the judgment, though the property levied upon be of sufficient value to satisfy the execution, and the defendant be not guilty of eloignment; it is only a satisfaction sub modo, and not absolute per se. If the levy fail to produce satisfaction in fact without any fault of the...   Cases  
Green v. Burke 23 Wend. 490 (January 01, 1840) 1840 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  
Green v. Yarnall 6 Mo. 326, Supreme Court of Missouri (May 01, 1840) 1840 The administrators of John Yarnall brought their action of detinue against John Yarnall, the plaintiff in error, in the Circuit Court of St. Charles county, and having obtained a judgment in that court, John Yarnall comes into this court, on his writ of error, to reverse the judgment of the Circuit Court. On the trial of the cause the defendant...   Cases  
Gregory v. Beasley 1 Ired.Eq. 25, Supreme Court of North Carolina (June 01, 1840) 1840 There are three sets of claimants upon the share that fell to the intestate, Mary Lucilla Gregory. First, the two surviving brothers. Secondly, the two surviving brothers and the defendant, the administrator of the deceased sister, Maria. Thirdly, the next of kin of Mary Lucilla, under the statute of distributions. The executory devise being good...   Cases  
Griffin v. Pleasant 1 Ired.Eq. 152, Supreme Court of North Carolina (December 01, 1840) 1840 This bill was filed on the 11th of April, 1837, in the Court of Equity for the County of Caswell, by Lucy Griffin, against James Pleasant, the administrator with the will annexed of William Pleasant, the elder, John Pleasant, Dolly Pleasant, and others, the next of kin of the said William. The plaintiff charges, in her bill, that in the year 1811,...   Cases  
Grove v. Little 11 Leigh 180, Supreme Court of Appeals of Virginia (April 01, 1840) 1840 (Absent Parker, J. and Tucker, P. ) Under the act of congress approved May 15. 1820, allowing a warrant of distress against a delinquent officer and his sureties, the lands of a surety are only to be sold in the event of there not being goods and chattels of such officer or his sureties sufficient to satisfy the warrant; and they must be advertised...   Cases  
Gunter v. Thomas 1 Ired.Eq. 199, Supreme Court of North Carolina (December 01, 1840) 1840 The material facts stated by the plaintiff in his bill, as constituting his claim for relief, are, that in November, 1819, he was appointed administrator of the estate of Benjamin Thomas, of Moore county, then lately deceased, and guardian of his five infant children, among whom, and a married daughter and the widow of the intestate, all the...   Cases  
Guthrie v. Owen 21 Tenn. 202, Supreme Court of Tennessee (December 01, 1840) 1840 Samuel Owen, in his last illness, and the day before his death, caused one of his neighbors to be sent for, with the purpose of having his last will prepared. He had for some years been unable to speak, but could readily communicate his thoughts by signs to the family, and, also, to them and to others, by indicating words in the dictionary. He was...   Cases  
Hardin v. Borders 1 Ired. 143, Supreme Court of North Carolina (June 01, 1840) 1840 There was no evidence in the case to be left to the jury that the justices had discharged the plaintiff; but the evidence was directly the other way, that they had convicted him, and committed him to jail. Before the plaintiff could support his action for a malicious prosecution or arrest, it must appear that the prosecution was legally determined....   Cases  
Harris v. Halliday 4 Howard 338, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 When a motion to set aside a verdict and grant a new trial on the ground of excessive damages, is refused by the court below, and the cause is brought up under the statute, it seems the appellate court will not award a new trial, unless the weight of evidence is clearly against the VERDICT OF THE JURY.   Cases  
Harrison v. Faulk 16 La. 358, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF OUACHITA, THE JUDGE THEREOF PRESIDING.   Cases  
Harriss v. Mabry 1 Ired. 240, Supreme Court of North Carolina (December 01, 1840) 1840 A master is not liable for an actual trespass, which his servant may commit, without his previous command or subsequent assent; but he is liable in an action on the case for the tortious acts, negligence or unskilfulness of a servant, acting in the prosecution of his service, or in the exercise of the authority he has given him, though not under...   Cases  
Harrod v. Voorhies' Adm'x 16 La. 254, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF AVOYELLES.   Cases  
Hempkin v. Bowmar 16 La. 363, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, FOR THE PARISH OF OUACHITA, THE JUDGE OF THE DISTRICT PRESIDING.   Cases  
Herries v. Botts 14 La. 432, Supreme Court of Louisiana (February 01, 1840) 1840 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING.   Cases  
Holmes v. Jennison 39 U.S. 614, Supreme Court of the United States (January 01, 1840) 1840 Concurring most fully and cordially in the opinions delivered by those of my brethren, who are opposed to any action by this Court on this case, I have nothing to add to the reasons assigned by them respectively, least it might imply my want of confidence in the grounds which they have taken; and in my mind maintained with conclusive force. There...   Cases  
Hood v. McCorkle 16 La. 240, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE PARISH OF CARROLL, JUDGE DAVIS PRESIDING.   Cases  
Hoover v. Glasscock 16 La. 242, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE PARISH OF CONCORDIA, JUDGE DAVIS PRESIDING.   Cases  
Hoy v. Couch 5 Howard 188, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 The certificate of the reversal of a judgment made by the clerk of the High Court of Errors and Appeals, is admissible in evidence to prove that the judgment has been reversed. If the original judgment is reversed on writ of error, the forthcoming bond and judgment thereon are void, and it is not necessary to enter a formal motion to quash the...   Cases  
Hughes v. Rhea 1 Ala. 609, Supreme Court of Alabama (June 01, 1840) 1840 Writ of error to the Circuit Court of Shelby County.   Cases  
Humphres v. Terrell 1 Ala. 650, Supreme Court of Alabama (June 01, 1840) 1840 Writ of error to the Court of Chancery, for the fifth District of the Northern Division.   Cases  
Hunt v. Watkins 20 Tenn. 498, Supreme Court of Tennessee (April 01, 1840) 1840 It appears from the bill, answers, exhibits, and proofs that Christopher Hunt, by his last will and testament, devised all the property which he possessed or had received in right of his wife to her absolutely, and all the balance not necessary for the payment of debts and legacies, whether real or personal, he gave to her for life, with remainder...   Cases  
Huston's Adm'r v. Cantril 11 Leigh 136, Supreme Court of Appeals of Virginia (April 01, 1840) 1840 The bond executed by Clendenin as principal, and Huston as surety, to Mayo, bears date as far back as 1782. After various efforts made by the creditor, he at length, in 1800, obtained a judgment against Huston the surety, who paid the amount of the debt on the 29th of May 1800. The supplemental bill by which Cantril and wife, and the other...   Cases  
In re Underwood 21 Tenn. 46, Supreme Court of Tennessee (July 01, 1840) 1840 At the June term of this court, in the year 1838, a final decree, on appeal from the chancery court at Kingston, was pronounced in the case of Jordan v. Black, in favor of the complainant, and the defendant, Black, was therein perpetually enjoined from doing certain acts specified. At the July term of this court, 1839, on the ground of affidavits...   Cases  
Inhabitants of Thomaston v. Inhabitants of St. George 17 Me. 117, Supreme Judicial Court of Maine (May 01, 1840) 1840 If a woman resides in a town with her husband for two years, when he dies, and she continues to reside therein for the three succeeding years, unmarried, she gains no settlement in the town by such residence. In determining whether a pauper has gained a settlement by a residence of five years together in one town, it was held, that the jury are to...   Cases  
Innerarity v. Mims' Heirs 1 Ala. 660, Supreme Court of Alabama (June 01, 1840) 1840 Error to the Circuit Court of Mobile County.   Cases  
Jacot v. Corbett Chev.Eq. 71, Court of Appeals of Equity of South Carolina (February 01, 1840) 1840 Assignment, by a debtor, for benefit of such creditors as should accept a rateable proportion, but not to exceed 40 per cent, of their claims; the surplus, if any, to be returned to the debtor. Held, under all the circumstances of the case, to be fraudulent and void under stat. 13 Eliz.   Cases  
Jarnagin v. Conway 21 Tenn. 50, Supreme Court of Tennessee (July 01, 1840) 1840 Charles T. Porter executed his last will and testament on the 5th day of February, 1822, by which he devised (after the payment of all his just debts) every species of his property, both real and personal, to his wife, Sarah Porter, with power to dispose of and appropriate the same, as she might deem proper, amongst her children. In the year 1835,...   Cases  
Jarvis v. Peck Hoff. Ch. 479, Chancery Court of New York (January 01, 1840) 1840 An agreement was made containing a covenant restraining the carrying on of a trade generally, and which was clearly illegal. It also contained a covenant to keep secret the skill and mode of converting cast iron into malleable iron, which was held valid. Held, that where an agreement is made upon several expressed considerations, one of which, if...   Cases  
Jenkins v. Hanahan Chev.Eq. 129, Court of Appeals of Equity of South Carolina (February 01, 1840) 1840 Executors are not entitled to charge their estate with the expense of an accountant to arrange their own accounts. Devise of a plantation, called V., and so much money as, with the said plantation, V., will be equal in value to the C. T. plantation, in lieu and to stand in place of so much land, is, as to the money, a general, not a specific...   Cases  
Jobe v. O'Brien 21 Tenn. 34, Supreme Court of Tennessee (July 01, 1840) 1840 In this case the complainant purchased a tract of land of seventy-five acres, from George Lacy, for the price of $5 per acre, and paid him therefor and took a deed. The defendant O'Brien also purchased a tract of land from said Lacy, and the defendant C. Carriger purchased another. A judgment was obtained by one Gott, against Lacy, which was a lien...   Cases  
John Holt & Co. v. Kernodle 1 Ired. 199, Supreme Court of North Carolina (June 01, 1840) 1840 An agreement between two persons to carry on a certain trade, upon the terms that one of them is to contribute his labour, and the other to furnish all the materials necessary for the business, and to supply the labourer with provisions for himself and his family; and that out of the profits of the business, the materials and provisions are first...   Cases  
John v. State 1 Ala. 95, Supreme Court of Alabama (January 01, 1840) 1840 1. When this certiorari was allowed, it was supposed that this court had exercised jurisdiction of cases analogous to the one under consideration at some previous term. On examination we ascertain that no decision, bearing on the question of jurisdiction arising in this case, has ever been made by this court; and we are satisfied that the Circuit...   Cases  
Johnson v. Patterson 14 Conn. 1, Supreme Court of Errors of Connecticut (July 01, 1840) 1840 This is not a case in which the destruction of the plaintiff's property resulted from acts done by the defendant, in the ordinary use of his own, without any intention to do the injury complained of; as in Blythe v. Topham, Cro. Jac. 158. where a stray horse fell into a pit made by the defendant in the common; or in Bush v. Brainard, 1 Cowen, 78....   Cases  
Johnson v. Yates' Devisees 9 Dana 491, Court of Appeals of Kentucky (April 01, 1840) 1840 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Statement of the case. In June, 1813, Michael Yates executed a deed to Richard Chiles, in which, reciting that he had agreed to make a competent settlement on his wife, Molly Yates, in consideration of a considerable property brought to him by her--he, in consideration thereof, and of love and affection...   Cases  
Jones v. U.S. 5 Cranch C.C. 647, Circuit Court, District of Columbia (March 01, 1840) 1840 Error from the criminal court of the district of Columbia for the county of Washington, upon a judgment against the plaintiffs in error, on a joint indictment against them and one William H. Brewster, who was not taken. The indictment had three counts. 1. The first count stated, that William H. Brewster, Lucretia Clarke, alias Letty Clarke,...   Cases  
Kemp v. Kemp 15 La. 517, Supreme Court of Louisiana (June 01, 1840) 1840 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF ST. HELENA.   Cases  
Kemper's Heirs v. Hulick 16 La. 44, Supreme Court of Louisiana (September 01, 1840) 1840 APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, JUDGE LEWIS PRESIDING.   Cases  
Kent v. Allbritain 4 Howard 317, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 In order to constitute a mortgage, it is not essential that the condition should be inserted in the body of the deed. It will be good if written underneath the deed. A bill of sale with a condition to redeem is a mortgage, and where an additional loan is made thereon, and further time given to redeem, that fact may be shown by parol.   Cases  
King v. Bailey 6 Mo. 575, Supreme Court of Missouri (September 01, 1840) 1840 Bailey brought his action of detinue in the Circuit Court of Gasconade county against King, where he obtained a judgment, and to reverse that judgment King prosecutes this writ of error. On the trial of the cause, Bailey gave in evidence a mortgage executed to him by Jacob Hinton, by which Hinton sells to Bailey, in consideration of the sum of four...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Kirk v. State 6 Mo. 469, Supreme Court of Missouri (September 01, 1840) 1840 That the indictment should have adopted the terms of the statute. It will be seen by reference to the record, that the terms adopted in the indictment are at variance with the terms of the statute, and therefore defective, and the defect fatal. Authorities: State of Missouri v. Comfort, 5 Mo. R. 358; State of Missouri v. Hunter, 5 Mo. R. 361; 1...   Cases  
Kirksey v. Bates 1 Ala. 303, Supreme Court of Alabama (January 01, 1840) 1840 Error to the Circuit Court of Marengo county.   Cases  
Lambert v. Franchebois 16 La. 1, Supreme Court of Louisiana (September 01, 1840) 1840 APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. LANDRY, JUDGE BOYCE OF THE SIXTH DISTRICT PRESIDING.   Cases  
Landry v. Segond 15 La. 154, Supreme Court of Louisiana (March 01, 1840) 1840 APPEAL FROM THE COURT OF THE SECOND DISTRICT, FOR THE PARISH OF ASCENSION, THE JUDGE OF THE FOURTH PRESIDING.   Cases  
Le Blanc v. His Creditors 16 La. 120, Supreme Court of Louisiana (September 01, 1840) 1840 APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARTIN, THE JUDGE OF THE SIXTH PRESIDING.   Cases  
Lee v. Pindle 11 G. & J. 362, Court of Appeals of Maryland (December 01, 1840) 1840 The appeal in this case must be dismissed, the record having been prematurely transmitted to this court. The Chancellor had not passed a final decree on all the matters in controversy between the parties, but had expressly reserved a portion of them for further adjudication. The object in praying the appeal and filing the appeal bond, was not to...   Cases  
Lesassier v. Dashiell 14 La. 467, Supreme Court of Louisiana (February 01, 1840) 1840 APPEAL FROM THE COURT OF THE FOURTH DISTRICT FOR THE PARISH OF IBERVILLE, JUDGE NICHOLLS, OF THE SECOND DISTRICT PRESIDING.   Cases  
Lesassier v. Lesassier 15 La. 55, Supreme Court of Louisiana (March 01, 1840) 1840 APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF IBERVILLE.   Cases  
Lewis v. Owen 1 Ired.Eq. 290, Supreme Court of North Carolina (December 01, 1840) 1840 Conveyances which are absolute on their face must be held to be absolute, unless there be cogent and clear proof to the contrary, and something like mistake or fraud or undue advantage in getting such a conveyance established, as well as some evidence that the parties have acted in the business as upon a mortgage. But the form of the deed is not...   Cases  
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