| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Bennett v. Merritt |
6 Jones Eq. 263, Supreme Court of North Carolina (June 01, 1862) |
1862 |
The allegation, that at the time of the marriage, the defendant had a wife, who was then living, is clearly proved; of course his marriage with the plaintiff was void, and she is entitled to a decree of nullity of marriage so far as she is concerned. She is also entitled to a decree making void the deed by which, in contemplation of marriage, she... |
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Cases |
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| Betts v. Francis |
30 N.J.L. 152, Supreme Court of New Jersey (November 01, 1862) |
1862 |
1. Title to goods and chattels may pass by gift inter vivos when there is a delivery of the property. Mere delivery of the goods will not in general pass the title; there must be an intention to give accompanying the act of delivery in order to consummate the gift, or the circumstances attending the delivery of the goods must be such as ordinarily... |
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Cases |
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| Bevans v. Bolton |
31 Mo. 437, Supreme Court of Missouri (March 01, 1862) |
1862 |
This case was heretofore submitted to the court, and an opinion prepared, but no judgment entered. The parties now agree that the opinion shall be filed, and stand as the decision of the court. The principal ground upon which the defence in this case rests, is the fact that the deed of trust executed to the plaintiff was not recorded in St. Louis... |
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Cases |
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| Bevis v. Landis |
6 Jones Eq. 312, Supreme Court of North Carolina (June 01, 1862) |
1862 |
A sheriff has a right to sell any property of the debtor, that is subject to the lien of his execution, and the fact that one has bought part of such property at private sale, bona fide, and paid the full value, and that enough of other property remained to satisfy the execution, and that the sheriff and purchaser had knowledge of this purchase,... |
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Cases |
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| Bowers v. Strudwick |
6 Jones Eq. 288, Supreme Court of North Carolina (June 01, 1862) |
1862 |
A mortgagee having agreed with the wife of the mortgagor, that upon a part of his debt being satisfied, he would assign for her benefit, his interest in the debt, and the property mortgaged; and in pursuance thereof, having assigned the same to a third person, held that the assignee was entitled to enforce against the wife's legatees, an agreement,... |
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Cases |
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| Brown v. Bulkley |
14 N.J. Eq. 294, Court of Chancery of New Jersey (February 01, 1862) |
1862 |
On an application to the court, on the part of the defendant, to suppress depositions taken by complainant to impeach the character of the defendant for truth and veracity, and to restrain the taking of further evidence upon that point, it was held-- That it is not competent for the complainant to discredit the answer of the defendant, or to impair... |
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Cases |
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| Browning v. Hadley |
33 Ga. 271, Supreme Court of Georgia (May 01, 1862) |
1862 |
This is an application for an attachment for contempt, alleging a failure of the defendant to comply with an order of the Court, (granted pending a suit in chancery against him as guardian, by his wards,) requiring him to turn over to the applicant, as Receiver in Equity, all the property in kind, as well as money, in his hands, belonging to the... |
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Cases |
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| Camp v. Mills |
6 Jones Eq. 274, Supreme Court of North Carolina (June 01, 1862) |
1862 |
It appears from the bill that the plaintiff, Columbus Mills, and the defendant, William S. Mills, were, in the year 1842, duly appointed joint-guardians to the plaintiffs, John C. Camp, and the feme defendant, Sarah Louisa Camp, and to secure the faithful discharge of the duties of their office, gave a joint-bond in the penal sum of $20,000. If,... |
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Cases |
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| Carmichael v. Walters |
33 Ga. 316, Supreme Court of Georgia (June 01, 1862) |
1862 |
1. A married woman having a separate estate settled upon her, with no clause of restraint against alienation, executes a mortgage upon her separate property, to secure the creditor of her husband, there being no proof of coercion by the husband or fraud or imposition by the creditor: Held, that the mortgage is good and binds the separate estate of... |
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Cases |
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| Carpenter v. Allen |
16 La.Ann. 435, Supreme Court of Louisiana (February 01, 1862) |
1862 |
Appeal from the District Court of Point Coupee, McVea, J. |
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Cases |
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| Cecil v. Cecil |
19 Md. 72, Court of Appeals of Maryland (December 03, 1862) |
1862 |
The Orphans Court properly decided not to hear evidence in regard to the sums of money charged to have been advanced to them, because that question had been heard and decided on by said Court, in the matter of the petition of Owen Cecil, et al., vs. Caroline Hooper and Mary Ann Harrington, (which case is now pending in this honorable Court, on an... |
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Cases |
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| Cecil v. Tutt |
32 Mo. 463, Supreme Court of Missouri (July 01, 1862) |
1862 |
Appeal from Henry Circuit Court. I. The plaintiff contends he had a right to sue on this note as administrator, and having done so, the plaintiff's petition was not answered by defendants in the first statement of the answer filed by them. That part of the answer was therefore properly stricken out. See cases referred to in defendant's brief in the... |
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Cases |
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| Chaires v. Brady |
10 Fla. 133, Supreme Court of Florida (January 01, 1862) |
1862 |
1. Parol evidence will be allowed to show that a deed or other instrument absolute on its face was intended to operate as a mortgage or simple security, but such allowance is limited within the restriction that it must show some ground for equitable interference, such as fraud, accident, mistake, &c., in the execution of the instrument. 2. The... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Chambers v. Payne |
6 Jones Eq. 276, Supreme Court of North Carolina (June 01, 1862) |
1862 |
Had the testator's daughter, Mrs. Payne, passed through life without having had a child, we should not have hesitated to hold that the claim of the other children of the testator, and their representatives under the ulterior limitation to them, would not have been prevented by the operation of the rule in Shelly's case, in her favor. That rule... |
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Cases |
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| Charlotte v. Chouteau |
33 Mo. 194, Supreme Court of Missouri (October 01, 1862) |
1862 |
1. We cannot say that the court below erred in refusing to grant a special venire upon the application of the defendant. The application did not come fully up to the requirements of the act of the General Assembly, and if the court below had any power to grant the venire in such case, that power was to be exercised at its discretion, and nothing... |
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Cases |
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| Chase v. Miller |
41 Pa. 403, Supreme Court of Pennsylvania (January 01, 1862) |
1862 |
This is a case of contested election. It comes up to us by writ of certiorari. A motion was made and fully argued, to quash the writ on the ground that the decree of the court below is final and conclusive, and that we have no jurisdiction to review it. The first point to be considered, therefore, is our jurisdiction; for if there be any doubt on... |
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Cases |
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| CITIZENSHIP. |
10 U.S. Op. Atty. Gen. 382 (November 29, 1862) |
1862 |
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Administrative Decisions & Guidance |
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| Clayton v. State |
24 Ark. 16, Supreme Court of Arkansas (December 01, 1862) |
1862 |
Whether an officer will be permitted, in all cases, to amend his return on a writ of execution, after proceedings against him for false return or negligence, it is unnecessary to decide in this case: because the proceedings had been quashed before the motion to amend was filed: and the attitude of the parties, then, was as though none had been... |
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Cases |
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| Crawford v. Blackburn |
19 Md. 40, Court of Appeals of Maryland (October 28, 1862) |
1862 |
The orders of the Orphans Court, from which this appeal was taken, must be affirmed. From an inspection of the petitions upon which the orders were passed, we must presume that the rights of the persons claiming to be entitled as distributees of the estate of David Crawford, are disputed and unsettled. The delay incident to the trial and... |
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Cases |
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| Crawford v. Gaulden |
33 Ga. 173, Supreme Court of Georgia (January 01, 1862) |
1862 |
1. Where the verdict is right in itself, and should have been rendered, had the entire charge been given in accordance with positions rightly assumed by the plaintiff in error, it will not be disturbed because of erroneous instructions. 2. Where there has been no levy made upon the property of a principal in judgment, and no notice given by the... |
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Cases |
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| Crockett v. State |
38 Ala. 387, Supreme Court of Alabama (June 01, 1862) |
1862 |
[INDICTMENT FOR MURDER.] FROM the Circuit Court of Pike. Tried before the Hon. JOHN COCHRAN. |
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Cases |
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| Dalton City Co. v. Dalton Mfg. Co. |
33 Ga. 243, Supreme Court of Georgia (March 01, 1862) |
1862 |
1. The absence of the leading counsel in the military service of the Confederate States, during the existing war, is in the nature of providential cause, and entitles his client to a continuance. 2. The attorney whose name is subscribed as such to the pleadings, if not surreptitiously appended, is to be regarded as leading counsel. 3. If an... |
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Cases |
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| Davis v. Pierse |
7 Minn. 13, Supreme Court of Minnesota (July 01, 1862) |
1862 |
The eighth section of our Bill of Rights, secures to all the people of this State, without exception, the right to maintain and defend actions and other judicial proceedings; and no one, for any cause whatsoever, can legally be deprived of this constitutional right; nor can it be suspended even, so as to prevent his obtaining justice... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| De Krafft v. Barney |
67 U.S. 704, Supreme Court of the United States (December 01, 1862) |
1862 |
In order to give this Court jurisdiction to re-examine a judgment, order or decree of a Circuit Court, (1st,) the matter in dispute must be money, or something whose value in money can be calculated and ascertained; (2dly,) the plaintiff in error, or appellant, must be deprived of such matter in dispute by the judgment, order or decree sought to be... |
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Cases |
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| Doe, ex. dem. Newton v. Roe |
33 Ga. 163, Supreme Court of Georgia (January 01, 1862) |
1862 |
1. A sale of land by an administrator to his co-administrator is not void, but voidable. An acquiescence of twenty-four years by the heir-at-law will create a presumption of ratification. 2. A receipt in full of the distributive shares of the estate, including the proceeds of the land sold by the administrator to his co-administrator, immediately... |
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Cases |
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| Dougherty v. Dougherty |
4 Met. 25, Court of Appeals of Kentucky (June 14, 1862) |
1862 |
A paper offered for probate, as the last will of James Dougherty, deceased, having been rejected by the county and circuit court of Franklin, is brought before us by appeal from the latter tribunal, and the only question to be considered is, whether said paper should have been admitted as a valid will. Two objections are taken to the paper as a... |
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Cases |
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| Dubose v. Dubose |
38 Ala. 238, Supreme Court of Alabama (January 01, 1862) |
1862 |
[PARTIAL DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Dallas. |
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Cases |
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| Duncan v. Taylor |
33 Ga. 312, Supreme Court of Georgia (June 01, 1862) |
1862 |
The record does not disclose the reason upon which the Court below refused to pass the order or judgment sought by the plaintiff in error, but a sufficient one may be found without either a long or an astute search. Such an one lies upon the surface. The bill upon which plaintiff in error sought to engraft the order was filed to settle certain... |
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Cases |
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| Everett v. Avery |
19 Md. 136, Court of Appeals of Maryland (December 03, 1862) |
1862 |
Under Art. 1, of the Code of Public Local Laws of this State, secs. 99 to 103, the personal estate of an individual or corporation, indebted in the manner therein specified, is subject to the claims of the creditor, before any proceedings are instituted, or adjudication had, as provided by the law for satisfaction. This constitutes, in effect, an... |
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Cases |
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| Ex parte Benedict |
3 F.Cas. 159, District Court, ND New York (September 30, 1862) |
1862 |
On habeas corpus. Application for the discharge of Judson D. Benedict from the custody of Edward I. Chase, United States marshal. The prisoner being without the jurisdiction at the time of the return to the writ, the court declined to order his discharge from custody. An application was also made to punish the marshal for contempt in disobeying the... |
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Cases |
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| Ex parte U.S. ex rel. Copeland |
2 Hay. & Haz. 402, Circuit Court, District of Columbia (May 01, 1862) |
1862 |
At law. This was a petition of Daniel Breed for a writ of habeas corpus for the discharge of the fugitive [William Copeland]. |
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Cases |
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| Fountain v. Anderson |
33 Ga. 372, Supreme Court of Georgia (November 01, 1862) |
1862 |
1. A witness is not incompetent on the score of interest unless it appears that he has some interest, either directly or indirectly, in the event of the suit. 2. Where insolvency is the fact to be proved, the recollection of the sheriff who made a search for property on which to levy a fi. fa. in his hands, is admissible and competent for that... |
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Cases |
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| Gaines' Adm'r v. Ann |
26 Tex. 340, Supreme Court of Texas (January 01, 1862) |
1862 |
Though the party having the burden of proof is entitled to open and conclude the argument to the jury, yet an erroneous ruling of the court below in this particular will not suffice to reverse a judgment, if no apparent injury has thereby resulted to the appellant, and the judgment is in other respects unexceptionable. [11 Tex. 315; 27 Id. 471.]... |
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Cases |
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| Gill v. Givin's Adm'r |
4 Met. 197, Court of Appeals of Kentucky (April 18, 1862) |
1862 |
This proceeding was instituted by the administrator of A. J. Givin and of E. L. Givin for a settlement of their estates, and for a sale of a tract of land which they owned in common and which descended to their infant heirs, for the payment of their debts, it being alleged that their personal estate was insufficient for that purpose. The petition... |
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Cases |
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| Goldsby v. Goldsby's Adm'r |
38 Ala. 404, Supreme Court of Alabama (June 01, 1862) |
1862 |
[BILL IN EQUITY FOR JUDICIAL CONSTRUCTION OF WILL AND SETTLEMENT OF DECEDENT'S ESTATE.] APPEAL from the Chancery Court of Perry. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Graham v. Crockett |
18 Ind. 119, Supreme Court of Indiana (May 01, 1862) |
1862 |
The appellants, as officers, had levied an execution upon a horse, the property of the appellee, who brought suit to recover the same, on the ground that it was exempt from sale, under the three hundred dollar act, of the benefit of which he alleged he had taken the proper steps to avail himself. There was a trial and finding for the plaintiff;... |
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Cases |
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| Green v. Carson |
4 Met. 76, Court of Appeals of Kentucky (December 10, 1862) |
1862 |
1. In an action by husband and wife and their assignee upon two notes, one of which was executed to her, and the other to her and her husband jointly, and both reciting that they were given to secure the rent of a tract of land which had been assigned to her for dower in the estate of her former husband, who died in 1851. Held: that the defendant... |
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Cases |
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| Green v. Harrison |
6 Jones Eq. 253, Supreme Court of North Carolina (June 01, 1862) |
1862 |
This is an application to this Court for a writ of certiorari, founded upon the following statement of facts: The widow and children of Bryan Green, deceased, filed their petition in the Court of Equity for the county of Wake, in which they set forth, that the said Bryan Green had died intestate, leaving a large real and personal estate, and that... |
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Cases |
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| Haber v. State |
19 Ind. 457, Supreme Court of Indiana (November 01, 1862) |
1862 |
The above causes are all here on appeal from the Tippecanoe Circuit Court, and the judgments rendered by that Court, in the cases respectively, must be affirmed, for the reasons given in the case of Thomasson v. The State, 15 Ind. 449. The judgments are affirmed accordingly. |
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Cases |
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| Hackney v. Vrooman |
62 Barb. 650, Supreme Court, New York (January 01, 1862) |
1862 |
The letters of administration granted to the plaintiff in this action, must be regarded as sufficient to entitle him to administer upon the estate of William Hackney, until the same are revoked. (2 R. S. 80, § 56.) The mortgage, with the accompanying bond, which this suit is instituted to foreclose, was produced on the trial, by the... |
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Cases |
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| Hackney v. Vrooman |
62 Barb. 650 (January 01, 1862) |
1862 |
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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| Hadden v. People |
11 E.P. Smith 373, Court of Appeals of New York (December 01, 1862) |
1862 |
Procuring the intoxication of a sailor with the design of getting him on shipboard without his consent, and taking him on board in that condition, is kidnapping, under our statute (2 R. S., p. 664, § 28); and it is immaterial whether the offender did the acts, or any of them, in person, or caused them to be done. Where the intent and expectation is... |
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Cases |
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| Harrow v. Johnson |
3 Met. 578, Court of Appeals of Kentucky (February 12, 1862) |
1862 |
Dismissal of a cross-bill as to one of the causes of action therein, with an express reservation as to all other matters, is no bar as to such matters. Though the wife joins with the husband in a mortgage of his land, and though the husband should afterward release, convey, or devise the equity of redemption, the wife will be... |
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Cases |
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| Hereford v. Leverich |
16 La.Ann. 397, Supreme Court of Louisiana (January 01, 1862) |
1862 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Holmes v. Johnson |
42 Pa. 159, Supreme Court of Pennsylvania (January 01, 1862) |
1862 |
The plaintiff and defendants in this case are all coloured persons, and, on the trial below, the defendants offered to prove, That in the region from whence these people came, the Eastern Shore of Maryland, it is not the custom for coloured people to form legal marriages; that marriage among them is the exception and not the rule; that the... |
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Cases |
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| Howard v. Coshow |
33 Mo. 118, Supreme Court of Missouri (October 01, 1862) |
1862 |
Howell sued Coshow on a note in the St. Charles Circuit Court, and served the summons by copy at his usual place of abode, left with a white member of his family over the age of fifteen years. Afterwards an attachment in aid was issued based upon two grounds: 1. That the defendant had absconded or absented himself from his usual place of... |
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Cases |
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| Hudson v. Critcher |
8 Jones (NC) 485, Supreme Court of North Carolina (June 01, 1862) |
1862 |
An acknowledgment in a bill of sale, under seal, or in a deed, of the reception of the consideration money is, in general, a bar to any action, at law, for the same. This was very properly recognised by his Honor below as an established principle. But there remains, notwithstanding, in foro conscientiæ a claim, which a court of equity will enforce.... |
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Cases |
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| Hunt v. Bates |
7 R.I. 217, Supreme Court of Rhode Island (September 01, 1862) |
1862 |
The defendant is sued in trespass, for taking and carrying away and converting to his own use the property of the plaintiffs. The property was actually taken by one Joshua Lathrop, a deputy sheriff, upon a writ against Hunt, Farnum & Co., wherein the now defendant was plaintiff, and his liability to this suit is claimed to arise from his command to... |
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Cases |
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| Hunt v. Pratt |
7 R.I. 283, Supreme Court of Rhode Island (September 01, 1862) |
1862 |
The goods of the plaintiff were seized by a deputy sheriff under a writ of attachment sued out by a third person against the plaintiffs' assignors, in which suit the defendant had no interest or agency. This writ was never proceded with, or entered in court; but whilst the deputy sheriff was in possession of the goods attached under it, the... |
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Cases |
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| In re McIlvaine |
15 Abb.Pr. 91, Supreme Court, General Term, New York (November 01, 1862) |
1862 |
I. The Court of Chancery has no inherent original jurisdiction to direct the sale of an infant's real estate. (Russell a. Russell, 1 Mall., 527, and cases there cited; Rogers a. Dill, 6 Hill, 415; Baker a. Lorillard, 4 N. Y. (4 Comst.), 257; Matter of Turner, 10 Barb., 552; Hyatt a. Seeley, 11 N. Y. (1 Kern.), 52; see opinion by DENIO, J.) II.... |
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Cases |
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