TitleCitationYearSummaryMost RelevantTypeStatus
Withers v. State 36 Ala. 252, Supreme Court of Alabama (June 01, 1860) 1860 [APPEAL FROM ORDER OF CIRCUIT COURT GRANTING MANDAMUS.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER.   Cases  
Witter v. Dudley 36 Ala. 135, Supreme Court of Alabama (January 01, 1860) 1860 [REAL ACTION IN NATURE OF EJECTMENT.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK.   Cases  
Woodbury v. U.S. , United States Court of Claims (February 11, 1860) 1860 The petitioners are citizens of Beverly, in the county of Essex and State of Massachusetts. They allege in their petition that, on the 5th of August, 1856, the brig Casket, belonging to them, while on the high seas, to wit, at anchor off Kabenda, on the coast of Africa, was seized by Lieutenant Simonds, commanding the United States sloop-of-war...   Cases  
Woodfin v. McNealy 9 Fla. 256, Supreme Court of Florida (January 01, 1860) 1860 Complainants filed their bill against defendants as sureties on the administration bond of M. H. Woodfin for account and delivery to them of what they are entitled to under the will of John Woodfin, deceased. There is a stipulation on file, that no objection is to be urged by defendants on the ground that the administrator is not made a party. The...   Cases  
Worth v. Gray 6 Jones Eq. 4, Supreme Court of North Carolina (December 01, 1860) 1860 The demurrer raises two questions: 1. The construction of the marriage articles. 2. The effect of the lapse of time during which the defendant Gray has been in possession, enjoying the property as absolute owner, and the presumption of a satisfaction or abandonment of the equity. Our opinion inclines with the defendants on both of these questions;...   Cases  
Wright v. Tinsley 30 Mo. 389, Supreme Court of Missouri (July 01, 1860) 1860 1. A person with whom a contract is entered into for the benefit of another may sue in his own name in enforcement of such contract without joining with him such other person; he is a trustee of an express trust within the meaning of the second section of the second article of the practice act. (R. C. 1855, p. 1217,) He may, or may not, join the...   Cases  
Wright v. Watson 30 Ga. 648, Supreme Court of Georgia (June 01, 1860) 1860 1. Executions issued from judgments obtained under the provisions of the Act of 5th March, 1856, entitled An Act to enable persons who have claims against trust estates, to recover said claims in a Court of Law, must specify the property on which the same is to be levied, or the same will be illegal and void. Illegality, from Lee...   Cases  
Wynne v. Alford 29 Ga. 694, Supreme Court of Georgia (January 01, 1860) 1860 When enough appears upon the face of a bill, to suggest to the Court that the complainant is entitled to relief, provided the proper allegations were made, leave will be granted for that purpose. In Equity, from Richmond county. This was a bill filed by Thomas Wynne and Cecelia, his wife, by her next friend, against James H. Alford, executor of...   Cases  
Wynns v. Burden 5 Jones Eq. 377, Supreme Court of North Carolina (June 01, 1860) 1860 It is a general rule that any fund, which is not disposed of by a testator, shall be applied to the payment of debts before property, which is given by the will, can be subjected; in other words, a legatee is preferred to those claiming an undisposed of residue, for he is an object of the testator's bounty, whereas, they take by act of law, simply...   Cases  
Young v. Kinnebrew 36 Ala. 97, Supreme Court of Alabama (January 01, 1860) 1860 [CREDITOR'S BILL TO SUBJECT SEPARATE ESTATE OF MARRIED WOMAN TO PAYMENT OF CHARGE CREATED DURING COVERTURE.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
Adams v. Jones 6 Jones Eq. 221, Supreme Court of North Carolina (June 01, 1861) 1861 The bill is filed to obtain a construction of the will of Austin Jones, in certain matters of doubt, and for an account and settlement of the estate. Taking these matters in the order in which they are brought to the attention of the Court, we are of opinion, in the first place, that by the term, wheat and corn on hand, is meant that, only, which...   Cases  
Adkins v. Paul 32 Ga. 219, Supreme Court of Georgia (January 01, 1861) 1861 The answer of one defendant cannot be read in evidence against his co-defendant, when, instead of being any privity between the parties, they are in an attitude of hostility to each other. In Equity, in Houston Superior Court. The questions presented for adjudication in this case, depend upon the following state of facts, to-wit: In the year 1838,...   Cases  
Alexander v. Polk 10 George 737, High Court of Errors and Appeals of Mississippi (October 01, 1861) 1861 1. DEED: INSTRUMENT NOT A DEED UNLESS SEALED.An instrument, although intended to operate as a deed and purporting on its face to be under seal, is nevertheless not a deed if it be without a seal or a scroll. 2. SAME: PROBATE JUDGE HAS NO AUTHORITY TO TAKE ACKNOWLEDGMENT OF ANY BUT A SEALED INSTRUMENT.A probate judge has no authority...   Cases  
Ammons v. State 9 Fla. 530, Supreme Court of Florida (January 01, 1861) 1861 1. Upon a change of venue in a criminal case, the transmission of the copy of proceedings, including the order for change of venue, accompanied with the original indicment and other necessary papers mentioned in the order (if any) of the court, prima facie satisfies the statute. 2. The making of the order changing the venue in such a case and...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Amonett v. Amis 16 La.Ann. 225, Supreme Court of Louisiana (April 01, 1861) 1861 Appeal from the District Court of the Parish of Madison, Farrar, J.   Cases  
Anderson's Ex'r v. Anderson's Heirs 37 Ala. 683, Supreme Court of Alabama (June 01, 1861) 1861 [FINAL SETTLEMENT OF EXECUTOR'S ACCOUNTS.] APPEAL from the Probate Court of Greene.   Cases  
Appeal of Treat 30 Conn. 113, Supreme Court of Errors of Connecticut (April 01, 1861) 1861 A testator made the following bequest:I give and bequeath to A B, C D and E F, and to their successors forever, (who shall as a board of trustees add to and perpetuate their number, so long as in their opinion the objects of this bequest shall require it,) all my estate, to be held by them in trust, for the promotion of education...   Cases  
Armistead v. Armistead 32 Ga. 597, Supreme Court of Georgia (May 01, 1861) 1861 1. A testator, by his will, gave to certain of his children specific and definite pecuniary legacies-by the third item he gave to one of his sons one equal share of whatever property, real or personal, remains, after he had given and bequeathed the property stated in each separate item to each individual child-by the fifth item he gave to one of...   Cases  
Attorney General v. Pierce 6 Jones Eq. 240, Supreme Court of North Carolina (June 01, 1861) 1861 A legacy in remainder to collateral kindred, is liable to the tax imposed by the act of 1846, chap. 72, and the proper mode of suing for such tax is by a bill in equity, in the nature of an information, in the name of the Attorney General. CAUSE removed from the Court of Equity of Craven county. This is a bill, in the nature of an information,...   Cases  
Autrey v. Autrey's Adm'r 37 Ala. 614, Supreme Court of Alabama (June 01, 1861) 1861 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Register in Chancery at Claiborne, sitting as Probate Judge for Monroe county.   Cases  
Bachemin v. Scheixnaydre 16 La.Ann. 32, Supreme Court of Louisiana (January 01, 1861) 1861 Appeal from the Third District Court of New Orleans, Duvigneaud, J.   Cases  
Baker v. Wise 16 Gratt. 139, Supreme Court of Appeals of Virginia (April 09, 1861) 1861 This was an action in the Circuit court of the city of Norfolk, brought in the name of Henry A. Wise, Governor of Virginia, for the benefit of the State and of Joseph V. Brough, against Levi Baker, as captain of the schooner Nymphus C. Hall, to recover from him the penalty imposed by the first section of the act of March 17, 1856, entitled...   Cases  
Ball v. Wallace 32 Ga. 170, Supreme Court of Georgia (January 01, 1861) 1861 Some of the well settled rules for the exposition of deeds and other writings are, that the constructions ought to be as favorable and as near the apparent intent of the parties as possibly may be, and as the law will permit; that too much regard is not to be had to the natural and proper signification of words and sentences, to prevent the simple...   Cases  
Ballantyne v. Turner 6 Jones Eq. 224, Supreme Court of North Carolina (June 01, 1861) 1861 The bill is filed by the plaintiff as the executor of Augustine Turner, dec'd, for the purpose of obtaining the advice and direction of the Court as to the proper construction of his testator's will, and the management of his estate. To such of the enquiries as it is necessary for us to respond, at the present time, we will give answers in the...   Cases  
Barbet v. Roth 16 La.Ann. 271, Supreme Court of Louisiana (May 01, 1861) 1861 Appeal from the District Court of the Parish of Iberville, Avery, J.   Cases  
Barnes v. Barnes 8 Jones (NC) 366, Supreme Court of North Carolina (June 01, 1861) 1861 The provision of the Act of Assembly, passed on 11th day of May, 1861, commonly called the Stay Law, forbidding jury trials, and trials before Justices of the Peace, and the issuing of executions, and sales under executions and deeds of trust, held to be unconstitutional and void. This was an action of DEBT, tried before HEATH, J., at...   Cases  
Battle v. Stephens 32 Ga. 25, Supreme Court of Georgia (January 01, 1861) 1861 To authorize an injunction, the charges in the bill should not be argumentative, and inferential only from the facts stated. A plaintiff in execution will not be restrained by a Court of Equity from collecting his money out of one of the defendants, even though he be security only upon the original debt. In Equity in Sumter Superior Court. On the...   Cases  
Bell v. Lacy 16 La.Ann. 51, Supreme Court of Louisiana (January 01, 1861) 1861 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Black v. McBain 32 Ga. 128, Supreme Court of Georgia (January 01, 1861) 1861 Ought the Court to have awarded a non-suit in this case? We think not. The paper sued upon was the agreement in writing of the defendant to pay the debt of a third person, one Wm. A. Green. Such agreement, by the Act of 19th January, 1852, is sufficient to maintain an action on the same, although no consideration may be expressed in the written...   Cases  
Boissac v. Downs 16 La.Ann. 187, Supreme Court of Louisiana (March 01, 1861) 1861 Appeal from the District Court of the Parish of Iberville, Avery, J.   Cases  
Bonvillain v. Bourg 16 La.Ann. 363, Supreme Court of Louisiana (June 01, 1861) 1861 Appeal from the District Court of Terrebonne, McVea, J.   Cases  
Booth v. Commonwealth 16 Gratt. 519, Supreme Court of Appeals of Virginia (April 10, 1861) 1861 1. Persons over sixty years of age are not disqualified from serving on grand juries; though they are exempted from the service if they choose to claim the exemption. 2. If an act repealing a provision of the common law is itself repealed, the common law provision is revived. The act, Code, ch. 16, ยง 19, p. 102, applies to statutes, and not to...   Cases  
Bouligny v. Fortier 16 La.Ann. 209, Supreme Court of Louisiana (April 01, 1861) 1861 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Bradford v. Bradley 37 Ala. 453, Supreme Court of Alabama (January 01, 1861) 1861 [BILL IN EQUITY FOR REFORMATION OF ABSOLUTE DEED AS MORTGAGE, REDEMPTION, ACCOUNT, &C.] APPEAL from the Chancery Court at Claiborne. Heard before the Hon. M. J. SAFFOLD.   Cases  
Bridges v. Mayor and Council of Griffin 33 Ga. 113, Supreme Court of Georgia (August 01, 1861) 1861 The charter of an incorporated city, authorizing the Mayor and City Council thereof to levy and collect a tax upon all and every species of property within the limits of said city, gives no power to levy a tax upon notes and other evidences of debt, belonging to a person residing in the city, on and against persons residing without the limits of...   Cases  
Brooks v. Ruff 37 Ala. 371, Supreme Court of Alabama (January 01, 1861) 1861 [TROVER FOR CONVERSION OF HORSE.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK.   Cases  
Burdine v. Grand Lodge of Alabama 37 Ala. 478, Supreme Court of Alabama (June 01, 1861) 1861 [ACTION ON COMMON MONEY COUNTS.] APPEAL from the Circuit Court of Pickens. Tried before the Hon. A. A. COLEMAN.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Burton v. Black 32 Ga. 53, Supreme Court of Georgia (January 01, 1861) 1861 Two questions arise under this bill of exceptions. 1st. Is Benjamin Burton's deed, of the 22d February, 1856, under which the claim of William T. Black et al. (set forth in their bill,) arises, binding upon Robert Burton? 2d. If it be so, is this a case for interpleader? If the first question be decided affirmatively, the judgment of the Court...   Cases  
Burton v. Scherpf 1 Allen 133, Supreme Judicial Court of Massachusetts (January 01, 1861) 1861 The sale of a ticket of admission to a concert is only a revocable license to the purchaser to enter the building in which it is given, and to attend the performance; and, if revoked before the performance has commenced, and before he has taken the seat to which the ticket entitles him, and he remains therein after notice of the revocation and...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Butlitt v. Stewart 16 La.Ann. 22, Supreme Court of Louisiana (January 01, 1861) 1861 Appeal from the District Court of the Parish of St. Bernard, Foulhouze, J.   Cases  
Caleb v. State 10 George 721, High Court of Errors and Appeals of Mississippi (October 01, 1861) 1861 1. JURY: NEW TRIAL: RULE IN RELATION TO EXPOSURE OF JURY TO IMPROPER INFLUENCES.-It is not every improper or illegal act of the bailiff in charge of a jury, or of the jury themselves, which will constitute good cause for setting aside the verdict; to vitiate the verdict, it must appear that the jury, during the trial, were exposed to influences...   Cases  
Calvert v. Carter 18 Md. 73, Court of Appeals of Maryland (November 27, 1861) 1861 Arbitration bonds recited that the complainant, in right of his wife, claimed to be entitled to certain portions of the estates of the father, aunt and other relatives and ancestors, of his wife's mother, which had come to the hands of the defendant as the legal representative of his father, and that the parties had mutually agreed to...   Cases  
Carmena v. Blaney 16 La.Ann. 245, Supreme Court of Louisiana (April 01, 1861) 1861 Appeal from the District Court of the Parish of W. Feliciana, Haralson, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Carr v. Trustees of Emory College 32 Ga. 557, Supreme Court of Georgia (March 01, 1861) 1861 This bill is filed by the children of William A. Carr and Susan B. Savage, by virtue of an assignment of a life-estate of Selina A. Few, in and to the property therein named, to recover forty-two shares Georgia Railroad stock, and the dividends thereon, from Emory College. It is claimed to belong to the claimants, by the will of their grandfather....   Cases  
Carroll v. White 33 Barb. 615, Supreme Court, New York (January 01, 1861) 1861 The words charged were clearly actionable per se, if spoken of the plaintiff in his profession, as they would then clearly impute to him ignorance, recklessness or unskillfulness, if not criminality. In Tutty v. Alewin, (11 Mod. Rep. 283,) these words were spoken of an apothecary. It is a world of blood he has to answer for in this town,...   Cases  
Carroll v. White 33 Barb. 615 (January 01, 1861) 1861 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  
Chapin v. Murphy 5 Minn. 474, Supreme Court of Minnesota (July 01, 1861) 1861 The Defendant borrowed money, and agreed to pay it in one year, with four per cent. per month interest, with the privilege of keeping it two years by paying the interest annually at the same rate. At the end of the first year nothing was paid on the note for principal or interest, and no action was taken by the holder. Action at the end of the...   Cases  
Chapman v. Woodward 16 La.Ann. 167, Supreme Court of Louisiana (March 01, 1861) 1861 Appeal from the District Court of the Parish of East Feliciana, Ratliff, J.   Cases  
Chicago, B. & Q.R. Co. v. Hazzard 26 Ill. 373, Supreme Court of Illinois (April 01, 1861) 1861 This is an action on the case brought by the plaintiff, a member of the bar of this court, against the Chicago, Burlington and Quincy Railroad Company. There are four counts in the declaration. In the first it is averred, in substance, that at the time of the alleged injury, the defendant was a body corporate, and was the owner and proprietor of a...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Christian v. Greenwood 23 Ark. 258, Supreme Court of Arkansas (January 01, 1861) 1861 Though a sale of property be fraudulent on the part of the vendor, being made to defraud his creditors, the purchaser cannot be affected by the fraud unless he participated in it, with a knowledge of the fraudulent design, and with intent to further the accomplishment of such design. One creditor has the same right to purchase, with his debt, the...   Cases  
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