TitleCitationYearSummaryMost RelevantTypeStatus
Morrison v. White 16 La.Ann. 100, Supreme Court of Louisiana (February 01, 1861) 1861 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Myers v. O'Hanlon 12 Rich.Eq. 196, Court of Appeals of South Carolina (May 01, 1861) 1861 Testator died in 1835, and six days after his death his will, dated in 1833, was admitted to probate in common form. Bill filed in 1857 to set up a later will executed but a few days before the testator's death, and alleged to have been fraudulently destroyed by a son and son-in-law of testator. The plaintiff claimed as devisee and legatee under...   Cases  
Nixon v. Piffet 16 La.Ann. 379, Supreme Court of Louisiana (December 01, 1861) 1861 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Norfleet v. Slade 6 Jones Eq. 217, Supreme Court of North Carolina (June 01, 1861) 1861 The bill is filed for the construction of the will of Henry S. Lloyd, in certain particulars. Upon a consideration of the will, in connection with the first and principal point upon which the advice of the Court is asked, it seems to us clear that the testator expected and intended all the plantations worked by him to be continued in cultivation...   Cases  
NOTE BY JUDGE KENT, SUPPLEMENTARY TO THE OPINION SIGNED BY HIM. 46 Me. 596, Supreme Judicial Court of Maine (January 01, 1861) 1861 I concur in the result, and in the reasons therefor, stated in Judge APPLETON'S opinion. I wish simply to add a note in reference to section 53, c. 80. It seems that a majority of the Court agree that the first sentence, and part of the second sentence, of ยง 53, are strictly constitutional. The difference of opinion arises from different views as...   Cases  
Nutting v. McCutcheon 5 Minn. 382, Supreme Court of Minnesota (July 01, 1861) 1861 Note for $1,000, and interest at two and one-half per cent. per month, secured by mortgage. When the note became due the maker obtained the privilege of retaining the money longer, upon condition that he would pay interest thereon quarterly at the current rates. No contract for forbearance for any specific time was entered into, nor did the maker,...   Cases  
OPINION OF JUDGE DAVIS. 46 Me. 608, Supreme Judicial Court of Maine (January 01, 1861) 1861 HON. JAMES G. BLAINE, Speaker of the House of Representatives:-- I have the honor herewith to present my opinion, as one of the Justices of the Supreme Judicial Court, in answer to the question submitted to us by the order of February 13, 1861. If the statutes of this State referred to, in the question propounded to us, are not in conflict with the...   Cases  
OPINION OF JUDGE RICE. 46 Me. 567, Supreme Judicial Court of Maine (February 20, 1861) 1861 TO HON. JAMES G. BLAINE, Speaker of the House of Representatives:-- THE undersigned, one of the Justices of the Supreme Judicial Court, in response to the order of the House of Representatives, passed February 13th, 1861, would remark that the order in its terms is exceedingly broad and comprehensive, and would necessarily involve such an amount of...   Cases  
OPINION OF JUDGES MAY AND GOODENOW. 46 Me. 599, Supreme Judicial Court of Maine (January 01, 1861) 1861 To the Hon. JAMES G. BLAINE, Speaker of the House of Representatines:-- In compliance with the order of the House, passed February 13th, 1861, we submit the following as our answer to the question proposed:-- In order to a correct determination of the question, as stated, it is necessary to understand the relation which subsists between the Federal...   Cases  
OPINION OF TENNEY, C. J. AND CUTTING, J. 46 Me. 564, Supreme Judicial Court of Maine (February 01, 1861) 1861 Hon. JAMES G. BLAINE, Speaker of the House of Representatives:-- To the foregoing question, we, the undersigned, submit the following as our answer thereto:-- No person held to service or labor, in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service, but...   Cases  
Owens v. Love 9 Fla. 325, Supreme Court of Florida (January 01, 1861) 1861 This is an appeal (authorized by the statute of 7th January, 1853) from an Interlocutory order of the court below, granting leave to file a Supplemental Bill to bring forward newly discovered evidence, and for a rehearing of the cause upon the newly discovered testimony, when Supplemental Bill shall be ready to be heard. The petition for rehearing,...   Cases  
Parlange v. Parlange 16 La.Ann. 17, Supreme Court of Louisiana (January 01, 1861) 1861 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
Patterson v. Fowler's Ex'r 23 Ark. 459, Supreme Court of Arkansas (December 01, 1861) 1861 Without attempting to deduce, from the authorities, any general and fixed rule, to be applied in all cases, as to what delay of the execution creditor to sue out process to enforce a levy upon land by a sale, will displace the lien, and let in intervening incumbrances, it is sufficient to decide, upon the facts of this casethe judgment lien...   Cases  
Patterson v. Hickey 32 Ga. 156, Supreme Court of Georgia (January 01, 1861) 1861 Where the question is revocavit vel non, parol evidence, as to the acts and declarations of the testator, are admissible, although made at any time between the making the will and the death of the testator. Issue of devisavat vel non, in Chattahoochee Superior Court. The facts and questions in this case, as gathered from a somewhat meagre record,...   Cases  
Pelham v. The Messenger 16 La.Ann. 99, Supreme Court of Louisiana (February 01, 1861) 1861 Appeal from the Fourth District Court of New Orleans, Price, J.   Cases  
People ex rel. Bank of Commonwealth v. Commissioners of Assessments and Taxes of City of New York 9 E.P. Smith 192, Court of Appeals of New York (June 01, 1861) 1861 Stock in the public debt of the United States, whether owned by individuals or by corporations, is taxable under the laws of the State. The taxation by the State of property invested in a loan to the Federal Government, is not forbidden by the Constitution of the United States where no unfriendly discrimination to the United States, as borrowers,...   Cases  
People ex rel. Hoyt v. Commissioners of Taxes 9 E.P. Smith 224, Court of Appeals of New York (January 01, 1861) 1861 Under the statutes of this state relating to taxation, the personal property of a resident actually situated in another state or country, is not to be included in the assessment against him. On the other hand, the personal property of a non-resident, which is situated here, is liable to taxation with such exceptions only as the statute laws have...   Cases  
People v. Montejo 18 Cal. 38, Supreme Court of California (April 01, 1861) 1861 AN indictment charging that defendant feloniously, willfully and for his own gain did buy and receive a certain stolen mule, does not charge two offenses; the addition of the word received, though not necessary, does not make the offense less than or different from buying the property stolen. Article 1443 of the Criminal...   Cases  
Peyton v. Enos 16 La.Ann. 135, Supreme Court of Louisiana (February 01, 1861) 1861 Appeal from the District Court of the Parish of Caddo, Creswell, J.   Cases  
Phelps 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  
Pierce v. Northey 14 Wis. 9, Supreme Court of Wisconsin (January 01, 1861) 1861 A party denying the signature to a paper, cannot, upon the cross-examination of witnesses who have testified that they know his hand-writing and believe the disputed signature to be his, show them papers purporting to be signed by him, the genuineness of which has been neither admitted nor denied, and ask them whether they believe the signature to...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Pinkerton v. Manchester & L. R. R. 42 N.H. 424, Superior Court of Judicature of New Hampshire (June 01, 1861) 1861 Upon a pledge of stock in a railroad corporation in this state, there should be such delivery as the nature of the thing is capable of; and, to be good against a subsequent attaching creditor, the pledgee must be clothed with all the usual muniments and indicia of ownership. Under the laws of New-Hampshire, a record of the ownership of shares must...   Cases  
Plant v. Condit 22 Ark. 454, Supreme Court of Arkansas (January 01, 1861) 1861 Where the vendor of personal property warrants it to be sound, and it was unsound at the time, the purchaser may either affirm the contract and bring an action on the warranty, or he may rescind the contract, and sue for and recover the purchase money, if paid, or if not paid, he may rescind the contract and resist the recovery of the...   Cases  
Pope's Heirs v. Boyd's Adm'x 22 Ark. 535, Supreme Court of Arkansas (January 01, 1861) 1861 The statute of non claim has no application to a debt secured by a deed of trust, where the creditor seeks to subject the trust property to the payment of his debt; which he may do, without authentication and exhibition of his claim to the administrator of the debtor. Upon the execution of a deed of trust, no estate in the trust property remains in...   Cases  
Powell v. Leonard 9 Fla. 359, Supreme Court of Florida (January 01, 1861) 1861 This cause was instituted on the equity side of the Circuit Court of the Middle Circuit, and was heard and determined by the Hon. J. Wayles Baker, the Judge of said court. The bill was filed by the appellant against the appellee, and the cause coming on to be heard upon demurrer, a decree was pronounced ordering the bill to be dismissed. From that...   Cases  
Pumphrey v. State 17 Md. 57, Court of Appeals of Maryland (March 06, 1861) 1861 The Act of 1842, ch. 269, sec. 5, does not, in terms, nor by implication, negative the authority of the county commissioners to reappoint a person as collector who may have failed to qualify under a previous appointment. APPEAL from the Circuit Court for Montgomery county. Debt, brought on the 2nd of February 1855, by the State against the...   Cases  
Reed v. Ryburn 23 Ark. 47, Supreme Court of Arkansas (January 01, 1861) 1861 Unless there be fraud in the final settlement of a guardian's accountmade upon the report of an auditor, and in which all parties seemed to acquiescethere is no reason to disturb the adjudication of the probate court. Where a bill in equity setting up a claim against the estate of a deceased person, is sworn to by the next friend of...   Cases  
Roberts v. Thomas 32 Ga. 31, Supreme Court of Georgia (January 01, 1861) 1861 Executorship is an office; and each executor is equally entitled to participate in the profits thereof; and no one has the right to seize and appropriate the whole of the assets, to the exclusion of the others. Where there are two executors, and they both join in a credit sale of the property of the testator-the terms of the sale not being...   Cases  
Robinson v. Bishop 23 Ark. 378, Supreme Court of Arkansas (May 01, 1861) 1861 A subsequent limitation of personal property, that had been given to, and absolutely vested in the first taker by a previous clause in the will, declared illegal. Slaughter v. Slaughter, 23 Ark 356. The intention of the testator should be derived from the terms of his will, rather than from the testimony of the draftsman. A failure of issue is...   Cases  
Roe v. Doe, ex. dem. Baxter 33 Ga. 81, Supreme Court of Georgia (August 01, 1861) 1861 In this case, the presiding Judge in the Court below instructed the jury that, under the facts presented by the evidence, the plaintiff was entitled to recover. We have now to inquire whether or not that instruction was right. On the trial there were three distinct titles before the Court. Each of these titles was traced upward to Thomas Glascock,...   Cases  
Roe v. Doe, ex. dem. Irwin 32 Ga. 39, Supreme Court of Georgia (January 01, 1861) 1861 The verdict of the Jury in this case being for the plaintiff, the defendant moved for a new trial on the several grounds stated above. The Court below refused the motion, and defendant excepted on each ground so taken. There seems to have been an unusual fatality attending the title papers in this cause, both parties having been compelled to resort...   Cases  
Roney v. Winter 37 Ala. 277, Supreme Court of Alabama (January 01, 1861) 1861 [ACTION ON PROMISSORY NOTE, BY PAYEE AGAINST MAKER.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. S. D. HALE.   Cases  
Roselius v. Barelli 16 La.Ann. 386, Supreme Court of Louisiana (December 01, 1861) 1861 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
Sartor v. Sartor 10 George 760, High Court of Errors and Appeals of Mississippi (October 01, 1861) 1861 1. PROBATE COURT: PRACTICE: PETITION TO CONTEST WILL.-A petition seeking to annul an instrument probated as a will and to set aside the probate thereof, upon the ground that it appears on its face to be a deed and not a will, raises a purely legal question, to be determined by the court, and it ought not therefore to ask for an issue devisavit vel...   Cases  
Schwartz v. State 37 Ala. 460, Supreme Court of Alabama (June 01, 1861) 1861 [INDICTMENT FOR PUBLIC NUISANCE.] FROM the Circuit Court of Montgomery. Tried before the Hon. S. D. HALE.   Cases  
Scott v. Logan 23 Ark. 351, Supreme Court of Arkansas (May 01, 1861) 1861 Devise of property to children when they arrive at age or marry-that the father and mother of the testator shall have the use of it, or so much thereof as they want during their natural lives-that the father and mother shall take care of the children until they are grown or marry, when the children shall take care of them-that the proceeds of the...   Cases  
Seighman v. Marshall 17 Md. 550, Court of Appeals of Maryland (November 04, 1861) 1861 In an action against an administrator, the defendant pleaded that the deceased was indebted to an amount greatly exceeding the assets of the estate which have come to his hands, and that said assets are wholly insufficient to pay the plaintiff's claim, regard being had to the debts still due and owing by the deceased. The plaintiff replied, that...   Cases  
Sheehan v. Kennelly 32 Ga. 145, Supreme Court of Georgia (January 01, 1861) 1861 The complainant and defendant were the appointed and qualified executors of the will of John Sullivan, deceased. The property of testator having been sold by the executors, in terms of the law, the money arising therefrom, and the execution of the will, went into the hands of the defendant, who seems to have properly paid out all of the same, in a...   Cases  
Sizer v. Anthony 22 Ark. 465, Supreme Court of Arkansas (January 01, 1861) 1861 Upon the dissolution of an injunction, the defendant may sue upon the injunction bond to recover the damages assessed on such dissolution, without waiting until a final decree in the chancery suit, or suing out execution on the decree. Appeal from the Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. This was an action of debt brought...   Cases  
Skelton v. Ordinary 32 Ga. 266, Supreme Court of Georgia (January 01, 1861) 1861 William Skelton, one of the plaintiffs in error, as the guardian of Edward McGrady and Sarah Ann McGrady, minors, had in his hands the sum of $ 800 00, belonging to his wards jointly, and having been removed from the guardianship as to Edward McGrady, and Obed. C. McGrady appointed guardian for said Edward in place of Skelton, this action was...   Cases  
Slaughter v. Slaughter 23 Ark. 356, Supreme Court of Arkansas (May 01, 1861) 1861 It is essential to the validity of an executory devise that it cannot be defeated by the first taker. If the absolute right of property is given to the first taker, the limitation over is void. For if a legatee possesses the absolute right of property, he certainly has the power of disposing of it in any way he may think proper, and therefore he...   Cases  
Sloan v. Whitlock 13 Rich. 174, Court of Appeals of South Carolina (May 01, 1861) 1861 Where several persons unite for the purpose of having work done, in which they have a common interest, and appoint a committee to have the work done, one of the committee who engages a laborer to do the work is not, in the absence of a special contract, responsible alone upon an implied contract.   Cases  
Smith v. Griffin 32 Ga. 81, Supreme Court of Georgia (January 01, 1861) 1861 1. Upon the trial of a case in equity, brought by a legatee against an executor, for account and distribution, if it appear that the inventory furnished by the executor to the appraisers shows only the aggregate of debts due the estate, without the names of the debtors; and if the appraisement of personalty (there being realty also) amount to a...   Cases  
Smith v. Porter 16 La.Ann. 370, Supreme Court of Louisiana (November 01, 1861) 1861 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
Smith v. Wilson 17 Md. 460, Court of Appeals of Maryland (October 29, 1861) 1861 This case has been heretofore before this court, on the same state of pleadings and evidence as shown by the present record. See 10 Md. Rep., 67. In the rulings of the court below we discover nothing of which the appellant can justly complain; on the contrary, we think the court allowed her more than she was entitled to, by granting her first...   Cases  
Sparks v. The Kate French 3 Met. 533, Court of Appeals of Kentucky (January 13, 1861) 1861 This is an appeal from a judgment dismissing an action brought by Sparks, in which he sought to subject the steamboat Kate French to liability for an injury to a flat owned by the plaintiff, alleged to have been committed through the willful, negligent, and wrongful conduct of the officers and crew of the steamboat. It was proved on the trial...   Cases  
Spencer v. McDonald 22 Ark. 466, Supreme Court of Arkansas (January 01, 1861) 1861 Where two or more pleas are filed, which are, in substance, the same, or would be sustained by the same testimony, the court should, upon motion, compel the pleader to elect upon which plea he shall stand. 10 Ark. 36; 14 Ark. 185. Where a demurrer to a pleading is erroneously sustained and the party has other pleadings under which the same evidence...   Cases  
Spencer v. Rist 16 La.Ann. 318, Supreme Court of Louisiana (May 01, 1861) 1861 Appeal from the Dist. Court of the Parish of East Feliciana. McVea, J.   Cases  
Spiva v. Stapleton 38 Ala. 171, Supreme Court of Alabama (June 01, 1861) 1861 [ACTION TO RECOVER OVERSEER'S WAGES.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. NAT. COOK.   Cases  
Stancell v. Kenan 33 Ga. 56, Supreme Court of Georgia (August 01, 1861) 1861 1. Testamentary capacity defined. The charge of the Court in this case is not erroneous. 2. If counsel, from notes taken by him on a former trial, or from his recollection of the charge of the Court as then given, or from notes of the charge, taken by the presiding Judge, himself, rehearse such charge, to the jury, and assume that it embodies the...   Cases  
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