TitleCitationYearSummaryMost RelevantTypeStatus
In re McIlvaine 15 Abb.Pr. 91 (November 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...   Trial Court Orders  
In re Opinion of Justices 30 Conn. 591, Supreme Court of Errors of Connecticut (December 24, 1862) 1862 In the matter of the constitutionality of the Act of the General Assembly, approved Dec. 24th, 1862, entitled An Act in addition to an Act entitled an Act relating to Electors and Elections, providing a mode of taking the votes in the election of state and other officers, of persons absent from the state in the military service of the...   Cases  
Jennings v. Moses 38 Ala. 402, Supreme Court of Alabama (June 01, 1862) 1862 [APPLICATION FOR REVOCATION OF LETTERS OF ADMINISTRATION.] APPEAL from the Probate Court of Coffee.   Cases  
John v. State 33 Ga. 257, Supreme Court of Georgia (May 01, 1862) 1862 In this case, the fact that the deceased came to his death by violence inflicted by a third person, and that the homicide was malicious, is not disputed. And the only question is, who committed the crime? And the answer to this question depends upon circumstantial evidence, there being no direct proof of the guilt of the prisoner. This embraces a...   Cases  
Jones v. Goza 16 La.Ann. 428, Supreme Court of Louisiana (February 01, 1862) 1862 Appeal from the District Court of the Parish of Carroll, Farrar, J.   Cases  
Kent v. Allen 32 Mo. 87, Supreme Court of Missouri (March 01, 1862) 1862 Kent & Obear were real estate brokers in St. Louis, and were, in 1853, employed by Allen to sell for him, for not less than forty-one thousand dollars, a tract of forty-one acres of land in St. Louis county. They afterwards sold the land for the price limited to one Adolphus Meier. Afterwards, in due time, Allen, to consummate the sale, tendered to...   Cases  
Lamb v. Girtman 33 Ga. 289, Supreme Court of Georgia (June 01, 1862) 1862 1. When the testator signs his will in the presence of the subscribing witnesses, and retires to an adjoining room, and lies down, and the witnesses subsequently signed as subscribing witnesses: Held, that the presumption is, that they did not subscribe in presence of the testator, and that this presumption must be rebutted by proof before the will...   Cases  
Lawson v. Hicks 38 Ala. 279, Supreme Court of Alabama (January 01, 1862) 1862 [ACTION FOR DEFAMATION.] APPEAL from the Circuit Court of Macon. Tried before the Hon. NAT. COOK.   Cases  
Leland v. City of Portland 2 Or. 46, Supreme Court of Oregon (July 01, 1862) 1862 Multnomah County.   Cases  
Littlefield v. Tinsley 26 Tex. 353, Supreme Court of Texas (January 01, 1862) 1862 It was held in this case, when it was before the court on a former appeal, that the appellant should have been permitted to have sustained his answer by proof; and if he should do this, that he would be entitled to the relief asked by him, unless appellees should prove that the defects of title of which appellant complains were known to him at the...   Cases  
Macrea v. Nolan 33 Ga. 205, Supreme Court of Georgia (March 01, 1862) 1862 It appears from the record, that at the time the bill of exceptions was filed in the Court below, there was no such case as this in that Court, and yet there is no exception to any judgment of the Court, dismissing the case or finally disposing of it. If the record disclosed any such judgment, and an exception thereto, it would have been superceded...   Cases  
Maraman's Adm'r v. Maraman 4 Met. 84, Court of Appeals of Kentucky (December 12, 1862) 1862 1. Antenuptial executory contracts between husband and wife, to be performed during marriage, have been frequently enforced in equity, although void at law. 2. Conveyances from husband to wife, without a trustee, have been frequently supported in equity, although at law, as a general rule, executed as well as executory contracts between them,...   Cases  
Marvin v. State 19 Ind. 181, Supreme Court of Indiana (November 01, 1862) 1862 Jesse Marvin was prosecuted in the Fountain Common Pleas, for disturbing a religious meeting by responding to the preacher. He was convicted and fined. We have a statute which enacts, that if any person shall keep a place for the sale of any article; or shall sell any article; or shall keep any gaming apparatus; or shall permit his real property to...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Mary v. State 24 Ark. 44, Supreme Court of Arkansas (December 01, 1862) 1862 The burning necessary to constitute arson of a house at common law, must be an actual burning of the whole or some part of the house; but it is not necessary that any part of the honse should be wholly consumed; and our statute (Gould's Dig. p. 338,) does not materially change the common law definition of the offence: And so, an indictment merely...   Cases  
Mason v. White 8 Jones (NC) 421, Supreme Court of North Carolina (June 01, 1862) 1862 The question presented is too plain to admit of discussion; a legacy given to a class immediately, vests absolutely in the persons composing that class at the death of the testator; for instance, a legacy to the children of A: the children in esse at the death of the testator take estates vested absolutely, and there is no ground upon which...   Cases  
Mason v. Williams 8 Jones (NC) 478, Supreme Court of North Carolina (June 01, 1862) 1862 It appears from the agreement of the parties that at the time when the defendant purchased the steam engine in question at the public sale made by Pescud, the plaintiff was the owner of it, but it is contended for the defendant that the plaintiff, in consequence of his declarations and acts, is stopped from asserting his title to the article. The...   Cases  
McDougald v. Carey 38 Ala. 320, Supreme Court of Alabama (January 01, 1862) 1862 [CREDITOR'S BILL--BILL OF REVIEW.] APPEAL from the Chancery Court of Russell. Heard before the Hon. JAMES B. CLARK.   Cases  
McGehee's Adm'r v. George 38 Ala. 323, Supreme Court of Alabama (January 01, 1862) 1862 [BILL IN EQUITY TO ENJOIN SALE UNDER MORTGAGE.] APPEAL from the Chancery Court of Talladega. Heard before the Hon. JOHN FOSTER.   Cases  
McGinnis v. Watson 41 Pa. 9, Supreme Court of Pennsylvania (January 01, 1862) 1862 About 1803, the Unity Congregation, belonging to the Associate or Seceder Church of North America, purchased a lot of ground in Venango township, Butler county, and erected a meeting-house upon it, and there continued to worship God in unity until 1858. Then the Seceder Synod of North America, by a very large majority, and after many years'...   Cases  
Miller v. Mills 29 Ill. 431, Supreme Court of Illinois (November 01, 1862) 1862 It is provided by section 7, chapter 21, that service of summons in chancery shall be made by delivering a copy thereof to the defendant, or leaving such copy at his usual place of abode, with some white person of the family, of the age of ten years or upward, and informing such person of the contents thereof, which service shall be at least ten...   Cases  
Minturn v. Burr 20 Cal. 48, Supreme Court of California (April 01, 1862) 1862 THE Civil Practice Act does not require the answer to a verified complaint in an action in a Justice's Court to controvert specifically the material allegations of such complaint. It is sufficient if the answer deny the material allegations, either generally or specifically. A person may be guilty of a forcible entry who is not actually present and...   Cases  
Mitchell v. Ingram 38 Ala. 395, Supreme Court of Alabama (June 01, 1862) 1862 [ACTION ON FORFEITED REPLEVY BOND.] APPEAL from the Circuit Court of Tallapoosa. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Mitchell's Lessee v. Mitchell 18 Md. 405, Court of Appeals of Maryland (June 19, 1862) 1862 A testator devised real and personal estate to his son James, and his heirs, in trust, that his daughter should enjoy the property during her single life, and if she married, then in trust for her and her heirs, but if she united herself to any religious sisterhood, then her enjoyment of the entire property was to cease, and the trustee was to pay...   Cases  
Montgomery v. Montgomery 2 Haw. 563, Supreme Court of the Kingdom of Hawai'i (January 01, 1862) 1862 A, THE OWNER of a valuable estate, conveyed it to B for a nominal consideration, to be held in trust by the latter for the benefit of the complainant, the aforesaid A-B to manage the same, and to receive for his compensation as manager one-third of the profits arising from the estate, and the complainant the remaining two-thirds. B, after holding...   Cases  
Orth v. McCook 2 Ohio Dec.Reprint 624, Superior Court of Ohio, Franklin County (January 01, 1862) 1862 This is an action of trespass, the parties all living in Jefferson County. The defendant, Sherrard, is a member of the Senate, now sitting in General Assembly at Columbus. He was served with a summons on the 7th day of February, 1862, and the other defendants served in Jefferson County; and on that 7th day of February, 1862, an act passed the...   Cases  
People v. Tinder 19 Cal. 539, Supreme Court of California (January 01, 1862) 1862 ADMISSION to bail in capital cases, where the proof is evident or the presumption great, may be made, under our Constitution, (Art. I, sec. 5) matter of discretion, and may be forbidden by legislation. In all other cases the admission to bail is a right of the accused which no Judge or Court can properly refuse. The Criminal Practice Act, (Secs....   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Pratte v. Coffman 33 Mo. 71, Supreme Court of Missouri (October 01, 1862) 1862 Plaintiffs, who were heirs at law of Joseph Coffman, deceased, filed their petition in the Circuit Court of Ste. Genevieve county, at the May term, 1858, against Ralph Coffman et al., also heirs at law, to contest the validity of the last will and testament of said Joseph Coffman, deceased. The suit was brought under our statute of wills, and in...   Cases  
Pritchard v. Oldham 8 Jones (NC) 439, Supreme Court of North Carolina (June 01, 1862) 1862 It cannot be doubted that a person appointed by a decretal order of a court, in the progress of a cause, a commissioner to sell property, and to make a report thereof to the court, is either an officer or a person against whom, in a proper case, an attachment may issue under the provisions of the Rev. Code, ch. 34, sec. 117. If, then, the defendant...   Cases  
Reed v. Campbell 2 Hay. & Haz. 417, Circuit Court, District of Columbia (October 27, 1862) 1862 Appeal from the orphans' court. Rachel Campbell, the widow of William Campbell, after receiving the portion of her husband's estate as devised and bequeathed to her, claimed in her petition the surplus remaining in the hands of the executor under the will after payment of the debts and legacies. The executor denied her right to the surplus. Mr....   Cases  
Rhodes v. Myers 16 La.Ann. 398, Supreme Court of Louisiana (January 01, 1862) 1862 Appeal from the District Court of East Feliciana, McVea, J.   Cases  
Rives v. Walthall's Ex'rs 38 Ala. 329, Supreme Court of Alabama (January 01, 1862) 1862 [BILL IN EQUITY BY CREDITOR TO HAVE MORTGAGE DECLARED VOID OR FORECLOSED.] APPEAL from the Chancery Court of Perry. Heard before the Hon. JAMES B. CLARK.   Cases  
Roche v. Washington 19 Ind. 53, Supreme Court of Indiana (November 01, 1862) 1862 A contract of marriage, formed in Indiana, between residents of the State of Indiana, to be valid, must conform to the laws of Indiana. A marriage between a male and female of the Miami tribe of Indians, formed according to the customs of the tribe, while the parties to it were residents of Indiana, can not be recognized as a valid marriage under...   Cases  
State v. Jim 8 Jones (NC) 459, Supreme Court of North Carolina (June 01, 1862) 1862 This is an indictment, under the statute, Rev. Code, chap. 34, sec. 2, for Arson, in burning a barn, having corn in it. Upon the trial it was proved, that the house burnt was eighteen feet long, and fifteen feet wide, was built of logs notched up, and the cracks were covered inside with rough boards, the house was roofed with rough boards, had a...   Cases  
State v. Laughlin 8 Jones (NC) 455, Supreme Court of North Carolina (June 01, 1862) 1862 When this case was before the Court at June Term, 1861, one of the questions presented was, whether a building, properly called a barn, was the same with one properly called a crib, and it was decided that it was not, and that, therefore, an indictment for arson, in burning a barn, with grain in it, could not be supported by proof that the building...   Cases  
State v. O'Brien 7 R.I. 336, Supreme Court of Rhode Island (September 01, 1862) 1862 In examining the testimony in this case, we are not able to agree with the counsel for the prisoner, that the verdict rendered by the jury was against the weight of the evidence, or that the verdict should have been one for manslaughter. On the contrary, we are obliged to come to the conclusion, that the verdict, as rendered by the jury, is...   Cases  
State v. Walters 16 La.Ann. 400, Supreme Court of Louisiana (January 01, 1862) 1862 Appeal from the District Court of St. John the Baptist, Berault, J.   Cases  
State v. Zulich 29 N.J.L. 409, Supreme Court of New Jersey (February 01, 1862) 1862 1. Where a person is charged with an offence against the laws of the United States, a state court has no authority to interfere, and order a release of the prisoner on a habeas corpus brought for that purpose. 2. If a soldier is arrested by authority of the United States for desertion, the prisoner cannot be released by a state court, or a judge...   Cases  
State, to Use of Beazley v. Blundin 32 Mo. 387, Supreme Court of Missouri (July 01, 1862) 1862 This was an action brought by Beazley, in the name of the State, against Blundin and his securities on his official bond as constable of a township in Saline county. Blundin, as constable, had in his hands an execution issued by a justice of the peace against one Snyder. At the time Blundin received the execution, Snyder owned and was in possession...   Cases  
State, to Use of Buckey, v. Culler 18 Md. 418, Court of Appeals of Maryland (June 26, 1862) 1862 A demurrer to a replication, brings before the court the sufficiency of the plea, the effect of a demurrer being, to bring before the court all the pleadings, and to mount up to the first error. A bond to the State in a penal sum, conditioned for the faithful performance, by a trustee, of his duties as such, executed before the obligor's...   Cases  
State, to Use of Voullaire v. Tasker 31 Mo. 445, Supreme Court of Missouri (March 01, 1862) 1862 This case was heretofore submitted to the court, and an opinion prepared by Judge Napton, but no judgment entered upon it. The parties now consent that judgment may be entered in accordance with that opinion. The invalidity of such deeds as were passed upon by the court in Brooks v. Wimer, 20 Mo. 503, Walter v. Wimer, 24 Mo. 63, and Stanley v....   Cases  
Stephens v. Orman 10 Fla. 9, Supreme Court of Florida (January 01, 1862) 1862 1. Equity will relieve against a contract where the party complaining was greatly embarrassed, and the opposite party availed himself of that embarrasment to force a settlement favorable to himself. 2. An answer responsive to the bill denying the allegations therein, is conclusive upon that question, unless overcome by the testimony of two...   Cases  
Succession of Weber 16 La.Ann. 420, Supreme Court of Louisiana (January 01, 1862) 1862 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Taylor v. Jeter 33 Ga. 195, Supreme Court of Georgia (January 01, 1862) 1862 This is a contest between the father and a maternal uncle, of a child under fourteen years of age, (the mother being dead,) for the custody of the child. The case came before the Court on a return to a writ of habeas corpus, sued out in Marion county by the father against the uncle. The answer admits the possession, in respondent of the child, and...   Cases  
Templeton v. Morgan 16 La.Ann. 438, Supreme Court of Louisiana (February 01, 1862) 1862 Appeal from the District Court of the Parish of Carroll, Farrar, J.   Cases  
The Elizabeth Blatchf. Prize Cas. 250, District Court, SD New York (November 17, 1862) 1862 In admiralty.   Cases  
The Louisa Agnes Blatchf. Prize Cas. 107, District Court, SD New York (March 01, 1862) 1862 In admiralty.   Cases  
The Metropolis Betts Scr.Bk. 694, District Court, SD New York (June 01, 1862) 1862 This was a libel by The New London Transportation Company, owners of the steam propeller J. N. Harris, against the steamboat Metropolis and William Brown, master, for collision. The Bay State Steamboat Company appeared as claimants.   Cases  
U.S. v. Folsom Hoff.Dec. 44, District Court, ND California (June 25, 1862) 1862 The official survey in this case having been brought into court under the provisions of the act of 1860, the cause was argued, and a decision rendered setting aside the survey, and ordering a new one to be made, as directed in the opinion. An application for a rehearing was thereupon made in behalf of the claimants and interveners, and the cause...   Cases  
U.S. v. One Hundred and Twenty-Nine Packages 2 Am. Law Reg. (N.S.) 419, District Court, ED Missouri (September 01, 1862) 1862 Libel of information under the act of congress, July 13, 1861 [against one hundred and twenty-nine packages, W. H. Probasco, claimant].   Cases  
Walker v. Bacon 32 Mo. 144, Supreme Court of Missouri (March 01, 1862) 1862 John McCourtney, by deed dated January 1st, 1822, conveyed a tract of land in St. Louis county, Missouri, to his son Martin McCourtney, for the consideration of natural love and affection, and for the better maintenance, support, livelihood and preferment of Martin. This deed was recorded on the 24th day of April, 1822. Subsequently suit was...   Cases  
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