| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Robinson & Co. v. Armstrong |
14 La. 325, Supreme Court of Louisiana (January 01, 1840) |
1840 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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| Roysdon v. Sumner |
2 Ark. 465, Supreme Court of Arkansas (July 01, 1840) |
1840 |
In declaring upon a covenant, it is not necessary to set out the exact words of the agreement, but only to state its legal effect, according to its true meaning and intention. Whenever a covenant is in its terms defective, it ought to be set out according to its legal consequences. Where a client covenanted with an attorney that he would pay him a... |
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Cases |
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| Saunders v. Ferrill |
1 Ired. 97, Supreme Court of North Carolina (June 01, 1840) |
1840 |
As the last point is unconnected with the others, it may be disposed of at once. From the terms of the exception we must take it, that the executions, though prior to the registration, were tested after the execution of the deed. The objection is, therefore, founded exclusively on the Revised Statute, ch. 37, sec. 24, (act of 1829, ch. 20;) which... |
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Cases |
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| Saunders v. Turbeville |
21 Tenn. 272, Supreme Court of Tennessee (December 01, 1840) |
1840 |
The original bill in this case alleges that the complainants had sold M. J. Turbeville a parcel of goods on condition that he would give a note for the price, with one T. B. Matthews as endorser, and that, relying on his performance of this condition, they had delivered to him the goods, which in a few days afterwards he conveyed in trust for the... |
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Cases |
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| Savage v. Carter |
9 Dana 408, Court of Appeals of Kentucky (May 20, 1840) |
1840 |
FROM THE CIRCUIT COURT FOR GREENUP COUNTY. If, as is assumed in the decree under revision, the whole of the partnership property has been sold under execution to pay the partnership debts, then if there were no outstanding demands against the firm, and no effects of any kind to be divided among the partners, all that could be done, in... |
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Cases |
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| Seabrook v. Mikell |
Chev.Eq. 80, Court of Appeals of Equity of South Carolina (February 01, 1840) |
1840 |
Devise to two sons for life, with remainder to their issue, and, in case my surviving son shall depart this life without issue, remainder over. These words, by necessary implication, create cross remainders between the sons; as much so as if it had been in case both my sons &c. And, although there was an express limitation to the survivor, if... |
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Cases |
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| Segur v. Pellerin |
16 La. 63, Supreme Court of Louisiana (September 01, 1840) |
1840 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ST. MARY. |
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Cases |
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| Serapurn v. Bousquet |
15 La. 509, Supreme Court of Louisiana (June 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Shangle v. Runk |
17 N.J.L. 372, Supreme Court of Judicature of New Jersey (February 01, 1840) |
1840 |
The declaration in this case, contains two counts, the first charges that the defendants (who are the plaintiffs in error) executors of Frederick Shangle, dec., were summoned &c., and complains that on the 20th of Sept., 1836, they the said defendants were indebted &c. to the plaintiff for meat, drink and other necessaries found and provided for... |
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Cases |
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| Sherill v. Harrell |
1 Ired.Eq. 194, Supreme Court of North Carolina (December 01, 1840) |
1840 |
Where in an injunction case there is a probability, from the facts stated in the bill, and not denied by the answer, of the plaintiff's sustaining his claim for relief, a motion to dissolve the injunction, upon the coming in of the answers, ought not to be granted. It is not proper to say, the case coming on to be heard upon the bill,... |
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Cases |
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| Shirley v. Whitehead |
1 Ired.Eq. 130, Supreme Court of North Carolina (December 01, 1840) |
1840 |
The object of this bill is to compel the defendant to pay over to the plaintiff a sum of money, which the defendant, as executor of Jonathan Dew, deceased, collected from Frederick Pitman, upon a bond executed by the said Pitman to the said Dew, and the beneficial interest whereof is alleged to have been transferred to the plaintiff by the obligee,... |
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Cases |
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| Shobe's Ex'rs v. Morris |
6 Mo. 489, Supreme Court of Missouri (September 01, 1840) |
1840 |
1. The Circuit Court could not lawfully grant a new trial to the appellants, one new trial having before been granted to the same party, it not appearing that the jury erred in a matter of law, or was guilty of misbehavior. 2. The verdict rendered, is not against the weight of evidence; on the contrary, the services are established by the evidence... |
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Cases |
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| Simpson v. King |
1 Ired.Eq. 11, Supreme Court of North Carolina (June 01, 1840) |
1840 |
A bequest in the following words: I have one bond on John, given the 3rd of January, 1837, for $300, I will and bequeath to my son J. L's children, will pass a bond on John Simpson for $300, dated the 13th of Jannary, 1837, where it appears from testimony dehors the will, that the testator had but the one bond. A suit in equity for a... |
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Cases |
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| Small v. Strong |
2 Ark. 198, Supreme Court of Arkansas (January 01, 1840) |
1840 |
There is a broad and marked distinction between the nature of the defence in law which a party may have, and the form and manner of legally interposing such defence. The statute of assignments of 1807, and the proviso thereto, was designed to preserve to the defendant, as the obligor, or maker of the contract, the full benefit of every legal... |
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Cases |
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| Smith v. Bradford |
14 La. 281, Supreme Court of Louisiana (January 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT FOR THE PARISH OF EAST FELICIANA, JUDGE MORGAN PRESIDING. |
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Cases |
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| Spragins v. Houghton |
2 Scam. 377, Supreme Court of Illinois (December 01, 1840) |
1840 |
This is an action of debt brought to recover a penalty for the alleged misconduct of Spragins, as judge of an election, stated in the record, to have been holden in this state, in the county of Jo Daviess, in August, 1838. The cause comes into this court by appeal from the circuit court, where it was entered without process, and upon the following... |
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Cases |
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| Stairley v. Rabe |
McMul.Eq. 22, Court of Appeals of Equity of South Carolina (December 01, 1840) |
1840 |
Where an executrix marries a second husband in necessitous circumstances, and there are infant children of the first marriage, the court will appoint a receiver; if it appears from the evidence, that the husband of the executrix is manifestly incapable of managing the trust in a judicious manner, and the estate is likely to be made waste, or the... |
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Cases |
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| State ex rel. Attorney General v. Williams |
1 Ala. 342, Supreme Court of Alabama (January 01, 1840) |
1840 |
The Attorney General has suggested to the Court, that Marmaduke Williams, who exercised the office of Judge of the County Court of Tuscaloosa County, on the first Monday of August last, and for a long time previous thereto, was on that day elected according to law, a representative to the General Assembly of this State. That he received the... |
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Cases |
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| State of Louisiana v. Judge of Commercial Court |
15 La. 192, Supreme Court of Louisiana (April 01, 1840) |
1840 |
ON AN APPLICATION FOR A WRIT OF MANDAMUS. |
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Cases |
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| State v. Arthur & Guignard |
1 McMul. 456, Court of Appeals of Law of South Carolina (December 01, 1840) |
1840 |
Where two Justices, under the Habeas Corpus Act, had admitted a person to bail, who was charged with murder in the warrant, it was held that they were guilty of an escape, and might very properly be indicted. |
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Cases |
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| State v. Chamblyss |
Chev. 220, Court of Appeals of Law of South Carolina (May 01, 1840) |
1840 |
License to keep a tavern includes the privilege of retailing spirituous liquors. |
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Cases |
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| State v. Com'rs of Roads of St. Bartholomew's Parish |
Chev. 109, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
Persons required by law to work on Watt's Cut, (Edisto Island,) are not exempt from ordinary road duty. The road Act of 1825, (A. A. p. 29,) repeals all previously existing exemptions. The Commissioners of roads have power to impose and collect fines of $20, but no more. The Commissioners are authorized (A. A. 1825, sec. 12,) to assess, in certain... |
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Cases |
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| State v. Gunter |
1 McMul. 458, Court of Appeals of Law of South Carolina (December 01, 1840) |
1840 |
A question of credit between two witnesses, is to be left to the jury, and their finding will not be disturbed, notwithstanding it may be contrary to the views of the presiding Judge, expressed in his charge. |
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Cases |
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| State v. Judge of Parish Court |
15 La. 531, Supreme Court of Louisiana (June 01, 1840) |
1840 |
ON AN APPLICATION FOR A MANDAMUS. |
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Cases |
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| State v. Montgomery |
Chev. 120, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
Upon joint indictment, under A. A. 1740, sec. 37, (P. L. 173,) against husband and wife, the former was acquitted, and the latter convicted and fined. The husband was held not to be liable for the penalty imposed on his wife. |
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Cases |
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| State v. Porter |
1 Ala. 688, Supreme Court of Alabama (June 01, 1840) |
1840 |
The argument at the bar, has presented these questions: First. Has this court jurisdiction of the case stated in the information and agreed by the parties. Second. Was the respondent constitutionally eligible to the judgeship of the tenth circuit; and if not, can this court pronounce a judgment of ouster. First. By the second section of the fifth... |
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Cases |
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| State v. Smith |
Chev. 157, Court of Appeals of Law of South Carolina (May 01, 1840) |
1840 |
Shaving the mane and cropping the hair from the tail of a mare in the owner's stable, did not constitute the offence of disfiguring created by A. A. 1789. Quere, whether an indictment in the general terms of the A. A. 1789, is sufficient without setting out the manner of disfiguring. |
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Cases |
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| Stevens & Woods v. State |
2 Ark. 291, Supreme Court of Arkansas (January 01, 1840) |
1840 |
All property in this State must, by the Constitution, be taxed according to its value; and the tax thereon must be equal and uniform throughout the State. The Legislature has no power to discriminate, and fix upon one description or species of property a greater tax than that fixed by law upon every other description or species of property of equal... |
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Cases |
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| Stringfellow v. Mariott |
1 Ala. 573, Supreme Court of Alabama (June 01, 1840) |
1840 |
Error, to the Circuit Court of Greene County. |
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Cases |
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| Taylor v. Andrus |
16 La. 15, Supreme Court of Louisiana (September 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. LANDRY, THE JUDGE OF THE SIXTH PRESIDING. |
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Cases |
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| The Catharine |
2 Paine 721, Circuit Court, D New York (January 01, 1840) |
1840 |
This was an appeal from a decree of the district court of [the United States for] the Northern district of New York, awarding restitution of a vessel captured as a salver, and libelled by the United States. The libel contained several articles, but the following was the only one on which condemnation was sought at the trial: Fifthly, that a... |
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Cases |
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| The L'Amistad |
Betts Scr.Bk. 121, District Court, D Connecticut (January 07, 1840) |
1840 |
This was a libel in rem by Lieut. Thomas R. Gedney and others against the schooner L'Amistad for salvage. |
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Cases |
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| Thigpen v. Horne |
1 Ired.Eq. 20, Supreme Court of North Carolina (June 01, 1840) |
1840 |
In equity, a distinct appropriation and delivery over by a debtor of his choses in action, for the benefit of one of his creditors, is an assignment of them, and will prevail against a subsequent assignment by deed of all his choses in action to another creditor; for, as in neither case is the assignment a transfer of the legal interest in the... |
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Cases |
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| Thomas v. Generis |
16 La. 483, Supreme Court of Louisiana (December 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Tompkins v. Benjamin |
16 La. 197, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF CARROLL. |
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Cases |
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| Toomer v. Dawson |
Chev. 68, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
An entry in a broker's sale book, with the consent of both parties, of the terms of an agreement for the sale of land, if not in itself a sufficient memorandum under the statute of frauds, may be so connected with a subsequent letter from the vendor, in reference to it, as to make it good against him. I am, however, far from conceding that the... |
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Cases |
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| Torrey v. Jordan |
4 Howard 401, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
In proceedings by motion against a sheriff and his sureties, for a false return, all the sureties against whom judgment is rendered, must be served with notice, or the judgment will be erroneous. A recital in the record that issue being joined, a jury came, &c. is no evidence of the appearance of parties not served with process. |
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Cases |
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| Truesdell v. Callaway |
6 Mo. 605, Supreme Court of Missouri (September 01, 1840) |
1840 |
Larkin S. Callaway and Daniel B. Callaway preferred their bill of complaint in the Circuit Court of Franklin county against William Truesdell, the appellant, and one Jesse Pritchett. The cause was transferred to the Circuit Court of Gasconade county; where a decree being made against Pritchett, for want of an answer, and against Truesdell, on a... |
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Cases |
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| Turner v. Wallace |
1 McMul. 486, Court of Appeals of Law of South Carolina (December 01, 1840) |
1840 |
The plaintiff lived with his father (defendant's intestate,) from 1828, up to the time of his death, in 1834, in the capacity of an overseer, for which he was to receive a certain portion of the crops annually. It appeared that he never received all of his share of the cotton crops before the death of defendant's intestate, and that his father... |
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Cases |
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| U.S. v. Dow |
Taney 34, Circuit Court, D Maryland (April 01, 1840) |
1840 |
Lorenzo Dow was indicted for the murder of the captain of the brig Francis, on the high seas; the brig being an American vessel, and Lorenzo Dow one of the mariners on board. He was indicted under the act of congress of April 30, 1790, c. 36, ยง 28 [1 Story's Laws, 89; 1 Stat. 118, c. 9]. At the trial of the case, the following points were... |
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Cases |
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| U.S. v. Wiggins |
39 U.S. 334, Supreme Court of the United States (January 01, 1840) |
1840 |
APPEAL from the Superior Court of East Florida. The appellee, Elizabeth Wiggins, on the 1st of August, 1815, presented a petition to Estrada, the governor of East Florida, stating that, owing to the diminution of trade, she will have to devote herself to the pursuits of the country; and wishing to establish herself on the eastern side of the pond... |
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Cases |
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| Van Vechten v. Van Veghten |
8 Paige Ch. 104, Chancery Court of New York (January 01, 1840) |
1840 |
Where the testator, by his will, after providing for the payment of his debts, and making certain specific bequests, gave the residue of his real and personal estate to his executors in trust to lease his house and lot on Market street, and to lease and sell and convey the rest of his property, and apply the proceeds and income thereof as follows:... |
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Cases |
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| Varick v. Edwards |
Hoff. Ch. 382, Chancery Court of New York (January 01, 1840) |
1840 |
MEDCEF EDEN, the elder, was in possession of certain premises at the time of his death, in the year 1798, and by his last will devised the said premises to his son Joseph, and certain other premises to his son Medcef, and added the following clause, It is my will, and I do so order and appoint, that if either of my said sons should depart... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Varion v. Dupeyre |
15 La. 260, Supreme Court of Louisiana (April 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Wade v. Dick |
1 Ired.Eq. 313, Supreme Court of North Carolina (December 01, 1840) |
1840 |
The plaintiffs are, John G. Wade, Edmund Wade, Tinsley Wade, Thomas Wyatt & Jane his wife, Polly Wade, Reuben Long and Sarah his wife, Robert Wade, and James Wade; and the defendants are the executors of James Williamson and of Samuel Painter, deceased, which said Samuel and James had been the executors of John Gwinn, deceased. The bill was filed... |
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Cases |
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| Walker v. Bradley |
2 Ark. 578, Supreme Court of Arkansas (July 01, 1840) |
1840 |
An agreement between a judgment creditor and his judgment debtor, that a writ of garnishment upon the judgment shall not issue against a person indebted to the debtor, is a mere nudum pactum; and if it were not, it would be no ground for a dismissal of the suit. In a suit commenced by writ of garnishment under the territorial statute, the plaintiff... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Walton v. Erwin |
1 Ired.Eq. 136, Supreme Court of North Carolina (December 01, 1840) |
1840 |
The Revised Statute, ch. 54, sec. 10, 11, requires guardians annually to exhibit accounts on oath of the estate of the children committed to their care; and directs that the Justices of the Court of Pleas and Quarter Sessions shall annually hold an Orphan's Court, for the purpose of receiving and examining those accounts. By the 22d section, the... |
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Cases |
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| Wanzer v. Barker |
4 Howard 363, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
The constitutionality of the forthcoming bond law is well settled. Wanser and Wanzer are idem sonans. An endorsement on the fi. fa. by the sheriff, bond taken and forfeited, is a sufficient return of forfeiture of the forthcoming bond: the statute does not prescribe in what particular manner the officer's return shall be made. The defendant cannot... |
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Cases |
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| Warner v. Lucas |
10 Ohio 336, Supreme Court of Ohio, In Bank (December 01, 1840) |
1840 |
A witness is not bound to answer any question that will directly or indirectly criminate himself. Although in such case the witness is his own judge, yet he is liable to an action by the party, if his refusal to testify be willful and his excuse false. |
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Cases |
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| Watkins v. Carlton |
10 Leigh 560, Supreme Court of Appeals of Virginia (January 01, 1840) |
1840 |
(Absent Brooke and Parker, J.) Upon a trial at law of issues out of chancery, exceptions are filed to opinions of the court, and made part of the record; the court of law certifies the verdict, but it does not expressly certify, nor is it asked to certify, the exceptions: HELD, all the proceedings upon the trial of the issues, spread upon the... |
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Cases |
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