| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Cawthorn v. McDonald |
1 Rob. (LA) 55, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal by the defendant from a judgment of the District Court for the parish of Ouachita, Boyce, J., in favor of the plaintiff. |
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Cases |
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| Cawthorn v. McDonald |
1 Rob. (LA) 57, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal by the defendant from a judgment of the District Court for the parish of Ouachita, Boyce, J. |
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Cases |
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| Clary's Adm'rs v. Clary |
2 Ired. 78, Supreme Court of North Carolina (December 01, 1841) |
1841 |
A witness, who has had opportunities of knowing and observing a person whose sanity is impeached, may not only depose to the facts he knows, but may also give his opinion or belief as to his sanity or insanity. Improper influence constitutes no legal objection to the validity of a deed, but only furnishes a ground for the... |
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Cases |
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| Cobb v. Fogalman |
1 Ired. 440, Supreme Court of North Carolina (June 01, 1841) |
1841 |
The case made for the consideration of this Court, sets forth the evidence given on the trial, and the Judge's instructions to the jury, with respect to the application of that evidence to the decision of the issue, which they were impannelled to try. It does not state any specific instructions prayed, or exceptions to those instructions taken, by... |
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Cases |
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| Cocke's Ex'r v. Philips |
12 Leigh 248, Supreme Court of Appeals of Virginia (April 01, 1841) |
1841 |
A married man dies possessed of personal estate, leaving a will wherein he bequeaths his whole estate to his nephews and nieces, and makes no provision for or mention of his wife: HELD, upon the construction of the statute 1 Rev. Code, ch. 104. § 26. 29. that, in order to entitle herself to a distributive share of her husband's personal... |
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Cases |
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| Commissioner in Equity v. McWhorter |
2 McMul. 254, Court of Appeals of Law of South Carolina (December 01, 1841) |
1841 |
Where an unauthorized inquiry has been instituted in the Court of chancery, and so declared by the Court itself, the deposition of a witnesss who deposed in the chancery case, and who has since died, will not be received by a Court of law, in a subsequent cause between the same parties. |
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Cases |
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| Commonwealth v. Nix |
11 Leigh 636, General Court of Virginia (June 01, 1841) |
1841 |
Upon the trial of an indictment for felony, prisoner's counsel moves an instruction to the jury, in effect, that the evidence adduced for the prosecution does not prove that the crime charged in the indictment was consummated, and therefore they ought to find for the prisoner; the court, with assent of the prisoner and of the attorney for the... |
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Cases |
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| Copeland v. Mickie |
17 La. 286, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of the third district for the parish of West Feliciana, the parish judge presiding. This is an action for the rescission of a sale, alleged to have been procured by threats and violence, and for damages. The plaintiff alleges that in April, 1835, he became a partner in equal right with James F. Mickie in the ownership and... |
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Cases |
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| Criswell v. Seay |
19 La. 528, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal from the court of the seventh district, for the parish of Catahoula, the judge of the fifth presiding. This is an action by the surviving wife to recover from the collateral heirs of her deceased husband, all the property of his estate, and of which he died possessed. She claims to be his universal donee, in virtue of a disposition mortis... |
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Cases |
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| Davidson v. Moss |
5 Howard 673, High Court of Errors and Appeals of Mississippi (January 01, 1841) |
1841 |
Where property at the time of the sale was incumbered, which fact the vendor did not make known to the vendee, who on the ground of fraud filed his bill to be relieved from the contract, but the vendor before decree removed the incumbrance by procuring deeds of sale thereof, which in all respects placed the parties in the situation contemplated by... |
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Cases |
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| Dehay ads. Ferguson & Dangerfield |
2 McMul. 228, Court of Appeals of Law of South Carolina (December 01, 1841) |
1841 |
Where an action is brought by a party, on a bond given under the Trover Act of 1827, to be answerable for all damages which the defendant may sustain by any illegal conduct, in commencing and conducting the said action of trover, and the party sueing on the said bond recovers, a new trial was ordered, unless the plaintiff would... |
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Cases |
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| Desha v. Baker |
3 Ark. 509, Supreme Court of Arkansas (July 01, 1841) |
1841 |
Where a writ of attachment is levied on property, or on the indebtedness of a garnishee, a schedule of the property levied on must be attached to the return, and the return must also show that, at the time of summoning the garnishee, the Sheriff declared, in the presence of one or more citizens of the county, that he attached the debt due by him to... |
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Cases |
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| Duke of Richmond v. Milne |
17 La. 312, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of probates, for the parish of New Orleans. This is an action to recover a legacy. The plaintiff, Charles Gordon, Duke of Richmond and Lenox, superior and feudal lord of the burgh of barony and town of Fochabers, in the county of Moray, Scotland, and Alexander, Marquis, baron, bailie, and sole magistrate, appointed by the Duke... |
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Cases |
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| Duncan v. Elam |
1 Rob. (LA) 135, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal from the District Court for the parish of Catahoula, Wilson, J. |
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Cases |
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| Dunn v. Bank of Mobile |
2 Ala. 152, Supreme Court of Alabama (January 01, 1841) |
1841 |
First: Neither the paper, which has been designated as a deed of gift, nor the will of Mrs. Sims, invest her daughter, with a separate estate for life, or any other period in the property conveyed by them. In Lamb v. Wragg & Stewart, 8 Porter's Rep. 73. it was held, that where property is given or bequeathed to a married woman, without any... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Dussin v. Charles |
1 Rob. (LA) 195, Supreme Court of Louisiana (December 01, 1841) |
1841 |
Appeal from the City Court of New Orleans, Duvigneaud, J. |
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Cases |
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| Elliott v. Morgan |
3 Harr. 316, Superior Court of Delaware (April 01, 1841) |
1841 |
The justice can render no other judgment on the report of referees than such as is warranted by the report. The inference, therefore, on this entry would be, that the judgment was according to the report; and this inference is confirmed by the marginal entry, which may be resorted to for this purpose. (Moore et al v. Lunney, ante 28; and Booth v.... |
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Cases |
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| Elliott v. Morgan |
3 Harr. 316 (April 01, 1841) |
1841 |
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... |
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Trial Court Orders |
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| Erskine v. Staley |
12 Leigh 406, Supreme Court of Appeals of Virginia (November 01, 1841) |
1841 |
(Absent Brooke, J.) Creditors of an absent debtor sue out a foreign attachment in chancery against him and a home defendant having in his possession specific goods of the absent debtor, as well as bonds, notes &c. to collect for him as his agent, and this process is served on the garnishee; other creditors of the same debtor, having brought an... |
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Cases |
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| Estes v. State |
21 Tenn. 496, Supreme Court of Tennessee (December 01, 1841) |
1841 |
This is a presentment by the grand jury of Davidson county against the plaintiff in error, for gaming at cards for the sum of $6. The defendant appeared in court and confessed the charge, and submitted to the mercy of the court. He was fined $5, and ordered to find sureties in the sum of $100 that he would not be guilty of gaming for twelve... |
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Cases |
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| Ex parte Tarlton |
2 Ala. 35, Supreme Court of Alabama (January 01, 1841) |
1841 |
There is no statute which provides for the revision, by this court, of a case such as that shewn by the record before us; and it is not necessary that we should take jurisdiction of it, in order to give to us a general superintendence and control of inferior jurisdictions. The revisory authority of the Circuit Court of Montgomery, is adequate to... |
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Cases |
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| Farve v. Graves |
4 Smedes & M. 707, High Court of Errors and Appeals of Mississippi (January 01, 1841) |
1841 |
As a general rule, by virtue of the constitutional provisions of this state on that subject, the probate court has original exclusive jurisdiction in all matters of wills and testaments, of administration on the estates of deceased persons, and of distribution. In administration cases, in which the court of chancery had original jurisdiction... |
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Cases |
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| Fatheree v. Long |
5 Howard 661, High Court of Errors and Appeals of Mississippi (January 01, 1841) |
1841 |
A return of the officer of executed by leaving a copy at defendant's house, is not a service authorized by law. |
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Cases |
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| Findley v. Patterson's Ex'r |
2 B.Mon. 76, Court of Appeals of Kentucky (October 13, 1841) |
1841 |
Parent and child. Trusts and trustees. Limitation. Estoppel. Adverse possession. Release. ERROR TO THE ADAIR CIRCUIT. The case stated. IN the year 1838, James W. Findley and Mary his wife, (a daughter of John Patterson) and Noah Wilcox and George W. Wilcox, infant children of Nancy Hughes Patterson, who was also a daughter of the said John, filed a... |
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Cases |
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| Flower v. Millaudon |
19 La. 185, Supreme Court of Louisiana (June 01, 1841) |
1841 |
Appeal from the parish court for the parish and city of New Orleans. This is an action instituted by Wm. Flower, a partner of the firm of W. & D. Flower, against the defendant, for the settlement of various transactions had with said firm under a special agreement between the parties in 1822, by which said defendant agreed to make advances to the... |
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Cases |
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| Flower v. Millaudon |
19 La. 195, Supreme Court of Louisiana (June 01, 1841) |
1841 |
On a rehearing. |
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Cases |
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| Fryer v. Dennis |
2 Ala. 144, Supreme Court of Alabama (January 01, 1841) |
1841 |
The assignments of error present for our examination, the legal questions arising upon the judgment and bill of exceptions. The bond executed by the plaintiff, conforms to the act of 1838. The first section of that statute enacts, that It shall be the duty of the sheriff to prepare a bond, whenever property levied on by him, shall be claimed... |
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Cases |
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| Gillard v. Glenn |
1 Rob. (LA) 159, Supreme Court of Louisiana (October 01, 1841) |
1841 |
This action was instituted by the heirs of Joseph Gillard, and the heirs of Mary Magdelaine La Cour, and Nicholas La Cour, against Samuel Glenn, Sarah Duncan, and James McWilliams, before the District Court of Rapides, the 19th of October, 1839. A judgment was entered, by consent, against McWilliams; and the jury having found for the defendants,... |
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Cases |
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| Gillispie v. Day |
19 La. 263, Supreme Court of Louisiana (June 01, 1841) |
1841 |
Appeal from the court of probates for the parish of St. Helena. This is an action by the widow of Thomas W. Day, deceased, against his father, Wm. Day, to recover the amount of her deceased son's estate, now in his hands, and which she alleges she is entitled to receive as his sole heir; being her only child, who died after her husband. The... |
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Cases |
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| Gould v. Womack |
2 Ala. 83, Supreme Court of Alabama (January 01, 1841) |
1841 |
It is contended by the learned counsel for the defendants in error, that the ante-nuptial agreement itself, shows, that it was not contemplated, by the parties to it, that it should extinguish the claim to dower, but that its object was to enable the husband to alien his land during the coverture, and bar the right of the wife to dower, in the land... |
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Cases |
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| Governor v. Hancock |
2 Ala. 728, Supreme Court of Alabama (June 01, 1841) |
1841 |
The question here is not whether the sheriff is personally liable to respond in damages for the acts complained of; but it is whether such acts are within the condition of his official bond. In our opinion, they do not constitute a breach of the condition. We will not say that the sureties of a sheriff are not liable in some cases of malfeasance;... |
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Cases |
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| Gowing v. Rich |
1 Ired. 553, Supreme Court of North Carolina (June 01, 1841) |
1841 |
In the instructions to the jury, the intentions of the parties and the true character of the transaction, upon which the deed was made to Hoskins, were fairly submitted to them. It must, therefore, be assumed, upon this verdict, that the contract of purchase was made by Oaks for her own benefit, that the sum paid, $700, was her money, and that she... |
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Cases |
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| Grandison v. State |
21 Tenn. 451, Supreme Court of Tennessee (December 01, 1841) |
1841 |
The defendant was convicted, in the circuit court of Warren county, of an assault and battery with intent to ravish Mary Douglass, and was sentenced to suffer death. The first count in the indictment charges that the defendant did make an assault, and her, the said Mary Douglass, then and there, violently and against her will, feloniously... |
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Cases |
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| Green v. Finucane |
5 Howard 542, High Court of Errors and Appeals of Mississippi (January 01, 1841) |
1841 |
Where the vendee at the time of his purchase knew that the vendor had only an equitable title, and took a bond for titles, and executed his notes in instalments for the purchase money; and it appeared that the vendor would be able to make title, and had used diligence to do so, but had been necessarily delayed in procuring some orders of the... |
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Cases |
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| Griffin v. Waters |
1 Rob. (LA) 149, Supreme Court of Louisiana (October 01, 1841) |
1841 |
This was an action before the Court of Probates for the parish of Rapides, by the plaintiff as tutor of William and David Stokes, against Waters as surviving partner of the community formerly existing between himself and his wife, and as tutor of Thomas Waters, their only child. There was a judgment, Johnston, J., homologating the partition made by... |
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Cases |
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| Grubb v. Henderson |
1 Rob. (LA) 4, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal from the District Court for the parish of Rapides, Wilson, J. |
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Cases |
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| Hall v. Lay |
2 Ala. 529, Supreme Court of Alabama (June 01, 1841) |
1841 |
1. It is evident from the constitution of society, that the relation of guardian and ward, must have existed for ages beyond the written history of mankind; and from this, it would seem reasonable to infer, that there could not be much difficulty in ascertaning, at the present time, the precise rules by which this relation is to be governed. But... |
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Cases |
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| Hall v. Phelps |
Dallam 435, Supreme Court of the Republic of Texas (January 01, 1841) |
1841 |
On the 23d of July, 1838, Phelps instituted suit against Hall. In his petition, it is alleged that on the 16th August, 1824, a grant issued to him from the Mexican government for a league of land called the Orozimbo league, on the west bank of the Brazos, being number three above the league of Martin Varner; that thereon he erected a dwelling,... |
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Cases |
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| Hallett v. Lee |
3 Ala. 28, Supreme Court of Alabama (June 01, 1841) |
1841 |
Error to the Circuit Court of Bibb. |
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Cases |
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| Hamer v. Johnston |
5 Howard 698, High Court of Errors and Appeals of Mississippi (January 01, 1841) |
1841 |
Where a party about to purchase a promissory note went to the maker to ascertain if he would be safe in so doing, and was answered, that the note was good; that there was no difficulty about it, and that it would be paid at maturity, it was held that, the maker could not set up a failure of consideration as against an innocent holder receiving the... |
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Cases |
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| Hamlett v. Hamlett's Ex'r |
12 Leigh 350, Supreme Court of Appeals of Virginia (May 01, 1841) |
1841 |
Testator bequeaths residuum of his estate, after his wife's death or marriage, to be equally divided among James, Mary, Patsey, Nancy and Narcissa [[who were testator's children], the children of his son George, the children of his daughter Elizabeth, the children of his son Bedford deceased, and the children of his daughter Obedience; his five... |
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Cases |
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| Hancock v. Day |
McMul.Eq. 298, Court of Appeals of Equity of South Carolina (December 01, 1841) |
1841 |
The occupying tenant, of a tenancy in common, is not bound to account for the rent of land, rendered productive by his own labor. He is only bound to account for the rent of so much as is fit for cultivation at the time he enters and takes possession. |
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Cases |
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| Hansbrough's Ex'rs v. Hooe |
12 Leigh 316, Supreme Court of Appeals of Virginia (April 01, 1841) |
1841 |
The question in this case, is, whether the legacies and devises given by the will of Peter Hansbrough, to his granddaughter Maria Hansbrough (now mrs. Hooe) were revoked, adeemed or satisfied, by the subsequent advancement in real and personal property, made to her by him, on her marriage to mr. Hooe. The doctrine upon this subject, so far as... |
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Cases |
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| Hanson v. City Council of Lafayette |
18 La. 295, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of the first judicial district. This suit commenced by injunction. The plaintiffs allege they are owners and possessors of houses and lots in the city of Lafayette; having been put in possession by a sworn surveyor, and their lines and boundaries pointed out to them by him, which possession they have held for upwards of... |
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Cases |
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| Haralson v. Camp |
17 La. 267, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of the third district, for the parish of West Feliciana, the judge thereof presiding. This is an action for professional services as attorney and counsellor at law. The plaintiff alleges he was employed with another lawyer to institute suit in the probate court of Pointe Coupée, to compel a tutrix to render an account, and to... |
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Cases |
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| Harkey v. Harkey |
1 Ired.Eq. 394, Supreme Court of North Carolina (June 01, 1841) |
1841 |
This bill was filed in 1838, to set aside a deed executed by the intestate to the defendant, in the year 1825, conveying all her dower and personal estate, then of the value of eight or nine hundred dollars. The bill charges, that at the time the deed was executed, Catharine Harkey, was, from her great age and imbecility of mind, incapable of... |
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Cases |
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| Harrell v. Floyd |
3 Ala. 16, Supreme Court of Alabama (June 01, 1841) |
1841 |
Error to the Circuit Court of Madison. |
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Cases |
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| Harrison v. Carroll |
11 Leigh 476, Supreme Court of Appeals of Virginia (January 01, 1841) |
1841 |
I am of opinion that the decree of the court below, dissolving the injunction that had been awarded the appellants, and dismissing their bill, is right, and ought to be affirmed. To entitle the appellants to the relief they sought, it behoved them to shew an unexceptionable title, paramount to and overreaching the lien of the creditor whose... |
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Cases |
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| Harwell v. Worsham |
21 Tenn. 524, Supreme Court of Tennessee (December 01, 1841) |
1841 |
Worsham having recovered judgment before a justice of the peace, against R. D. Parrish, the plaintiff in error became security or the stay of execution. After the expiration of the time allowed for the stay, an execution issued against Parrish and Harwell, and came to the hands of Bridges, the constable, who had in his hands other executions... |
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Cases |
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| Hatton v. Weems |
12 G. & J. 83, Court of Appeals of Maryland (December 01, 1841) |
1841 |
When the court is divided upon a motion to dismiss an appeal, the motion does not prevail. Under the act of 1820, chap. 161, a final decree is irregular, and liable to be reversed on appeal, unless before the decree, the commission had lain in court, one entire term. It is the practice of the Court of Chancery when the defendant appears and... |
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Cases |
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