TitleCitationYearSummaryMost RelevantTypeStatus
Cleland v. Low 32 Ga. 458, Supreme Court of Georgia (March 01, 1861) 1861 1. When the Court is asked to give a charge to the jury, inconsistent with the law and facts of the case, it is not error to refuse the charge. 2. A charge created upon her separate estate, by a married woman, which may be enforced in equity, is a sufficient consideration to support a personal contract. 3. A verdict well founded in law and in fact...   Cases  
Cleveland v. Pollard 37 Ala. 556, Supreme Court of Alabama (June 01, 1861) 1861 [BILL IN EQUITY TO SUBJECT SEPARATE ESTATE OF MARRIED WOMAN TO PAYMENT OF DEBT.] APPEAL from the Chancery Court of Russell. Heard before the Hon. JAMES B. CLARK.   Cases  
Clopton v. Jones' Ex'r 38 Ala. 121, Supreme Court of Alabama (June 01, 1861) 1861 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Madison.   Cases  
Collins v. Babin 16 La.Ann. 290, Supreme Court of Louisiana (April 01, 1861) 1861 Appeal from the Dist. Court of the Parish of W. Baton Rouge, Robertson, J.   Cases  
Com. v. Garland 3 Met. 478, Court of Appeals of Kentucky (December 03, 1861) 1861 The decisions in the cases of Clark v. Commonwealth, 16 B. Mon. 206, and Commonwealth v. Magowan, 1 Met. 369, and the authorities relied upon in support of them, go no further than to establish the doctrine that no allegation, whether necessary or unnecessary, which is descriptive of the identity of that which is legally essential to the...   Cases  
Commonwealth v. Lannan 1 Allen 590, Supreme Judicial Court of Massachusetts (January 01, 1861) 1861 An indictment for obtaining property by false pretences, which alleges that the defendant, intending to cheat and defraud A., made to him certain false representations respecting a horse, which A. believed, and, being deceived thereby, was induced to purchase and receive of the defendant the horse, and gave and delivered to the defendant certain...   Cases  
Cook v. Baine 37 Ala. 350, Supreme Court of Alabama (January 01, 1861) 1861 [TRESPASS AGAINST SHERIFF, BY PURCHASER FROM DEFENDANT IN EXECUTION.] APPEAL from the Circuit Court of Choctaw. Tried before the Hon. C. W. RAPIER.   Cases  
Cox v. Griggs 1 Biss. 362, Circuit Court, ND Illinois (April 01, 1861) 1861 At law. This was an action on the case tried by Judge Drummond and a jury to recover damages for the infringement of letters patent [No. 25,098] granted to Thomas S. Cox, August 16, 1859, for an improvement in the mole of drain plows. A mole plow is an implement of iron, forced by appropriate machinery, in a horizontal direction, below the...   Cases  
Cox v. State 32 Ga. 515, Supreme Court of Georgia (March 01, 1861) 1861 In the detailed statement of facts as made by the Court to the jury, in the hypothesis on which he rested, the law applicable thereto, in the charge given, one view of the case upon the evidence was omitted, which was of the utmost importance to the defence. The circumstances of the killing are ascertained entirely from the declarations of the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Creswell's Ex'r v. Walker 37 Ala. 229, Supreme Court of Alabama (January 01, 1861) 1861 [BILL IN EQUITY BY EXECUTOR, FOR INSTRUCTIONS IN EXECUTION OF TRUSTS.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAS. B. CLARK.   Cases  
Croft v. Bolton 31 Mo. 355, Supreme Court of Missouri (January 01, 1861) 1861 1. C. was the daughter of L., and on the death of L., a partition of his real estate was applied for by his heirs, and upon report of commissioners it was ordered to be sold, ten per cent. to be paid in cash and the purchaser to have a credit on the balance of six and twelve months, giving note and security. C. and her husband were parties to the...   Cases  
Dallas v. Heard 32 Ga. 604, Supreme Court of Georgia (May 01, 1861) 1861 1. The promissory note of a married woman having property to her separate use, constitutes a valid charge upon and binds her separate property for its payment in equity. 2. L., a married woman, having separate property and indebted to D., by note, conveys her separate property absolutely to H. and others, in consideration of their agreement to pay...   Cases  
Daniel v. Veal 32 Ga. 589, Supreme Court of Georgia (May 01, 1861) 1861 1. Whether a paper be a will or a deed, depends upon its effect and operation, to be determined by its own terms. 2. If, from the terms of the instrument, it appear that the donor intended that the title to the property specified should remain in him, until his death, and then pass to the donee, it is a testamentary paper, whatever be its form. If...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
D'Armand v. Pullin 16 La.Ann. 243, Supreme Court of Louisiana (April 01, 1861) 1861 Appeal from the District Court of the Parish of Concordia, McVea, J.   Cases  
Davis v. Hubbard 38 Ala. 185, Supreme Court of Alabama (June 01, 1861) 1861 [BILL IN EQUITY FOR INJUNCTION OF ACTION AT LAW, CANCELLATION OF BILL OF SALE, AND ACCOUNT.] APPEAL from the Chancery Court at Wetumpka. Heard before the Hon. JAMES B. CLARK.   Cases  
Davis v. State 33 Ga. 98, Supreme Court of Georgia (August 01, 1861) 1861 After careful examination of the bill of indictment, we think its allegations and specifications are sufficient in law to authorize a conviction of, and judgment against, the accused, for larceny from the house, and will not disturb the judgment of the Court below, overruling the motion in arrest of judgment. Neither the argument of counsel, nor...   Cases  
Desverges v. Desverges 31 Ga. 753, Supreme Court of Georgia (January 01, 1861) 1861 We respectfully submit that the counsel for the plaintiff, neither in the bill of exceptions, nor in his argument before this Court, represents Judge Fleming correctly in this case. He has fallen into the error unintentionally, of course. For instance, the first complaint is, that His Honor erred in allowing the evidence of Canaan Young to go to...   Cases  
Devaughn v. Heath 37 Ala. 595, Supreme Court of Alabama (June 01, 1861) 1861 [TRESPASS QUARE CLAUSUM FREGIT.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Dodge v. Pond 9 E.P. Smith 69, Court of Appeals of New York (March 01, 1861) 1861 Where a testator authorizes his executors to sell real estate, and it is apparent from the general provisions of the will that he intended such estate to be sold, the doctrine of equitable conversion applies, although the power of sale is not in terms imperative. A testator, without violating any law, may not only suspend the absolute ownership of...   Cases  
Doe v. Guthry 32 Ga. 307, Supreme Court of Georgia (March 01, 1861) 1861 This was an action of ejectment for the recovery of lot of land No. 130, in the 11th district of Walker county, by John Doe, on the several demises of Thomas W. McGee, Dorcas McGee, Henry H. McGee and Emory Hancock, against Richard Roe, casual ejector, and William C. Guthry and William Powell, tenants in possession. On the trial, the plaintiff put...   Cases  
Donaldson v. State 9 Fla. 402, Supreme Court of Florida (January 01, 1861) 1861 The 8th section of the act of 5th Feb'y, 1834, was repealed as to East Florida with the exception of the county of Columbia, by the act of the 14th February, 1835. This case was decided at Jacksonville. The defendant, Emily Donaldson, was indicted at the Spring Term of the Circuit Court for Duval county. The indictment contained two counts. The...   Cases  
Draughon v. Ryan 16 La.Ann. 309, Supreme Court of Louisiana (May 01, 1861) 1861 Appeal from the District Court of East Feliciana, McVea, J.   Cases  
Durham v. Hartlett 32 Ga. 22, Supreme Court of Georgia (January 01, 1861) 1861 When D. & H. enter into a copartnership in a brick-yard, D. giving H. his note for a portion of the brick then on hand, his share of the rent of the yard for three years, and the brick to be made thereon, and they dissolve at the end of eleven months, D. having paid a part of the note in the meantime, and the former partners specify minutely what...   Cases  
Eads v. Brazelton 22 Ark. 499, Supreme Court of Arkansas (January 01, 1861) 1861 A steamboat and cargo having been sunk in the Mississippi river for a period of nearly thirty years, and during that time, an island having been formed by the changing of the current of the river, over the wreck, and the owners having made no effort, nor done any act showing that a design was entertained to save the property, the law would imply an...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Eddins v. Buck 23 Ark. 507, Supreme Court of Arkansas (December 01, 1861) 1861 Equity will sustain a gift of property by the husband to the wife, though no trustee has been interposed to hold it for her use. Where a suit is brought by the wife for her separate property, the husband should be made a party defendant. (21 Ark. 268.) Where there are merits in a bill, it should not be dismissed absolutely for want of proper...   Cases  
Esneault v. Cooley 16 La.Ann. 165, Supreme Court of Louisiana (March 01, 1861) 1861 Appeal from the District Court of the Parish of Point Coupee, McVea, J.   Cases  
Evans v. State 33 Ga. 4, Supreme Court of Georgia (June 01, 1861) 1861 1. Even immediately after an assault endangering life or limb, the killing of an assailant by the assailed will be manslaughter, if it be apparent that the assault, and with it the personal danger of the assailed, had ended, and that the mortal wound was inflicted as the assailant had ceased from the attempt, and was retreating. 2. It is no...   Cases  
Ex parte Gordon 66 U.S. 503, Supreme Court of the United States (December 01, 1861) 1861 This was an application by Nathaniel Gordon for an alternative writ of prohibition to the judges of the Circuit Court of the United States for the southern district of New York, and its officers, and the United States marshal, to restrain them from further proceeding in a case wherein the said Gordon had been found guilty of piracy and sentenced to...   Cases  
Ex parte Grace 12 Iowa 208, Supreme Court of Iowa (October 17, 1861) 1861 Several questions, unimportant in their bearing and consequences to the main and essential one, have been discussed by counsel, which we do not deem it necessary to determine. Thus, it is urged by appellants that petitioner should not have been allowed to amend his petition; that there was error in the admission of certain testimony on the hearing...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Farr v. Rasco 9 Mich. 353, Supreme Court of Michigan (November 19, 1861) 1861 It would be useless to attempt to reconcile the numerous conflicting cases cited and commented on by counsel on the argument. In such circumstances, the court must be governed in the conclusion it may come to more by legal principles than by reported cases, which frequently are but evidence of the application of such principles to a particular...   Cases  
Floyd v. Gilliam 6 Jones Eq. 183, Supreme Court of North Carolina (June 01, 1861) 1861 The bond of the trustee, Floyd, taken by the Court of Equity for Bertie, was a paper of a cause in that Court, and under its control. It was taken on the occasion of Floyd's appointment to the trust of Skiles's estate, made payable to the master, and could only be used by Skiles, or one claiming through him, by leave of the Court. The instrument...   Cases  
Floyd v. Wallace 31 Ga. 688, Supreme Court of Georgia (January 01, 1861) 1861 1. Where the object of a cross-examination is to show bias or interest so as to impeach the witness, great latitude ought to be allowed by the Court, and questions if answered in the affirmative that might tend in that way, is not objectionable. 2. It is competent to put in evidence outside statements of a witness for the purpose of impeaching him,...   Cases  
Ford v. Danks 16 La.Ann. 119, Supreme Court of Louisiana (February 01, 1861) 1861 Appeal from the District Court of the Parish of Terrebonne, Roman, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Gardner v. Klutts 8 Jones (NC) 375, Supreme Court of North Carolina (June 01, 1861) 1861 A wife is not a competent witness for, or against, her husband; State v. Jolly, 3 Dev. and Bat. 110. It follows that her declarations cannot be evidence for or against him; otherwise more weight is given to what she says, when not on oath, than to what she would say on oath; which is absurd. The declarations, in this case, were made shortly after...   Cases  
Gause v. Bullard 16 La.Ann. 107, Supreme Court of Louisiana (February 01, 1861) 1861 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
George v. Norris 23 Ark. 121, Supreme Court of Arkansas (January 01, 1861) 1861 Where no motion for a new trial was made in the court below, the propriety of the verdict upon the admitted evidence, is not to be questioned in this court. But when no question, tending to infringe upon the province of the jury, is involved, when the case presents simply leading points upon the pleadings, and upon the instructions and rulings of...   Cases  
Gillies v. Wofford 26 Tex. 76, Supreme Court of Texas (January 01, 1861) 1861 We are of opinion that the court below erred in permitting evidence of the value of the wagon and oxen to go to the jury against the objection of the counsel for the defendant, when there was no allegation of value in the plaintiff's petition. It is contended that the affidavit of the plaintiff below, made for the purpose of obtaining the writ of...   Cases  
Greene's Ex'r v. Speer 37 Ala. 532, Supreme Court of Alabama (June 01, 1861) 1861 [FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Marengo.   Cases  
Gregory v. Richards 8 Jones (NC) 410, Supreme Court of North Carolina (August 01, 1861) 1861 The principal point of the case is under the plea of justification, and upon the instructions given as to the presumption arising from the possession of a stolen article. The instructions are in clear accordance with the law. Possession of a stolen article raises a presumption of theft by the possessor, only in case such possession is so recent...   Cases  
Gregory v. Walker 38 Ala. 26, Supreme Court of Alabama (June 01, 1861) 1861 [REAL ACTION IN NATURE OF EJECTMENT.] APPEAL from the Circuit Court of St. Clair. Tried before the Hon. WM. S. MUDD.   Cases  
Halliburton v. Fletcher 22 Ark. 453, Supreme Court of Arkansas (January 01, 1861) 1861 Held, That the fact of the guardianship of a minor cannot be proved by the admissions of guardianship by the supposed guardian, unless a foundation for the introduction of such evidence be first laid by proof of the loss or destruction of the record of the court by which the letters of guardianship were alleged to have been granted: That, it is no...   Cases  
Hall's Heirs v. Hall's Ex'rs 38 Ala. 131, Supreme Court of Alabama (June 01, 1861) 1861 [BILL IN EQUITY TO SET ASIDE PROBATE OF WILL.] APPEAL from the Chancery Court of Madison. Heard before the Hon. JOHN FOSTER.   Cases  
Harrell v. Durrance 9 Fla. 490, Supreme Court of Florida (January 01, 1861) 1861 1. Where a party applies in a civil suit for a continuance for the term on the ground of the absence of a witness, it must be shown by affidavit that the witness has been duly served with a subpna, or a satisfactory reason assigned for the omission; that he is absent without the consent of the party, directly or indirectly given; that he...   Cases  
Harrington v. Wilcox 8 Jones (NC) 349, Supreme Court of North Carolina (June 01, 1861) 1861 Money paid by B, the surety of A, is a good set-off against a note payable to A, which was endorsed after it fell due. THIS was a case agreed, submmitted to FRENCH, J., at the Fall Term, 1860, of Moore county. The bond on which this action was brought, was made by George Wilcox, testator of the defendants, dated 26th November, 1856, for $286, due...   Cases  
Harrison v. McCrary 37 Ala. 687, Supreme Court of Alabama (June 01, 1861) 1861 [BILL IN EQUITY FOR SPECIFIC PERFORMANCE OF AWARD, SETTLEMENT OF PARTNERSHIP ACCOUNTS, INJUNCTION, &C.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Hartell v. Searcy 32 Ga. 190, Supreme Court of Georgia (January 01, 1861) 1861 A party is not entitled to prosecute a suit for the same cause of action in different Courts, or in the same tribunal, at the same time. Where the State and Federal Courts have concurrent jurisdiction, the rule is, for that Court to have precedence which first obtains jurisdiction. Here the action was brought first in Talbot county, but was...   Cases  
Hawkins v. Greene 23 Ark. 89, Supreme Court of Arkansas (January 01, 1861) 1861 The will of Albert G. Johnston contained a request that Thaddeus F. Moreland and his wife should take the children of the testator, give them an education, and allow them to choose their business, as they should become of age; and when one became of age, that it should take its ratable part of the estate as a loan to be returned when the youngest...   Cases  
Heath v. Devaughn 37 Ala. 677, Supreme Court of Alabama (June 01, 1861) 1861 [SLANDER.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. JOHN GILL SHORTER.   Cases  
Hill v. State 23 Ark. 604, Supreme Court of Arkansas (December 01, 1861) 1861 As upon the death of a trustee he ceases to be such, and as to him the trust is no longer continued, his indebtedness to the trust becomes a demand against his estate, to be authenticated, allowed, classed and paid out of the assets of his estate, as other demands. The statute of non-claim is a bar to the claims of the State, if not exhibited...   Cases  
Hill v. Williams 6 Jones Eq. 242, Supreme Court of North Carolina (June 01, 1861) 1861 An answer, when directly responsive to the allegations of the bill, or to an interrogatory put in the bill, or on a special examination, is to be taken as true, unless it be proved not to be true by the oath of two witnesses, or of one witness with corroborating circumstances equal to the force of another witness, or by some other kind of evidence...   Cases  
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