TitleCitationYearSummaryMost RelevantTypeStatus
Hunter v. Hubbard 26 Tex. 537, Supreme Court of Texas (January 01, 1863) 1863 J. H. and S. B., partners, made an assignment of their partnership assets to G. K. H., to secure him as indorser on their paper. On the same day J. H., to more effectually secure G. K. H., executed a deed of trust on his individual property. In a suit by the trustee, in which the beneficiary was made a party, to subject the trust property to the...   Cases  
Hurdt v. Courtenay 4 Met. 139, Court of Appeals of Kentucky (January 23, 1863) 1863 1. In the absence of an averment that a conveyance was made in another State, and of proof of what the law of such State is on the subject, the validity of the deed must be tested by the laws of this State. (3 A. K. Mar. 174.) Where the husband reduces to possession, without resort to a court of equity, an interest in an estate descended to the...   Cases  
In re Bryan 60 N.C. 1, Supreme Court of North Carolina (June 01, 1863) 1863 Governor Vance having informed the Judges that the Secretary of War puts his objection to the release of citizens who have been arrested as conscripts by the officers of the Confederate States after they had been discharged by the State tribunals on writs of habeas corpus, upon the ground that the courts of the State had no jurisdiction over the...   Cases  
In re Hopson 40 Barb. 34, Supreme Court, New York (January 01, 1863) 1863 The question presented and arising upon the return to the writ of habeas corpus issued by me in this case, is admitted to be one of very great interest and grave importance. It involves an apparent if not a real conflict of jurisdiction between the state and national tribunals, and demands serious and careful examination and a calm and enlightened...   Cases  
In re Hopson 40 Barb. 34 (January 01, 1863) 1863 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 Kemp 16 Wis. 359, Supreme Court of Wisconsin (January 01, 1863) 1863 The power of suspending the writ of habeas corpus under the first section of art. IX. of the constitution of the United States, is a legislative power, and is vested in congress, and the president has no power to suspend the privilege of the writ of habeas corpus within the sense of that section of the constitution. (In re. Oliver, 17 Wis., 681; In...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
In re Romaine 23 Cal. 585, Supreme Court of California (October 01, 1863) 1863 SEC. 2 of Art. 4 of the Constitution of the United States is a solemn compact between the States, to be enforced by State legislation, or by judicial action; and being a part of the supreme law of the land, it is a part of the law of each State; and State officers whose duty it is to adjudicate, or execute the laws, are governed by it, and State...   Cases  
In re Wehlitz 16 Wis. 443, Supreme Court of Wisconsin (January 01, 1863) 1863 The provisions of the act of congress of July 17, 1862, authorizing the president to make the necessary rules and regulations for drafting the militia, in cases where the laws of the states had not made a sufficient provision for that purpose, are valid. In re Griner, ante, 447. Each state, being sovereign, except as to matters referred to the...   Cases  
Joe v. State 38 Ala. 422, Supreme Court of Alabama (January 01, 1863) 1863 [INDICTMENT FOR BURGLARY.] FROM the Circuit Court of Butler. Tried before the Hon. JNO. K. HENRY.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Jones v. Bradshaw 16 Gratt. 355, Supreme Court of Appeals of Virginia (February 18, 1863) 1863 1. The act Code ch. 171, § 19, p. 711, applies only where the objection to the jurisdiction of the court, is for mere matter of abatement; as where the case is a proper one for a court of equity, but not for the particular court in which the suit is brought: or where the suit ought to be abated by reason of some circumstances attending the...   Cases  
Kneedler v. Lane 3 Grant 465, Supreme Court of Pennsylvania (January 01, 1863) 1863 The constitutionality of the United States Conscription Law of March 3d 1863, considered and discussed by the judges of the Supreme Court at Nisi Prius, and decided by a majority of the court to be within the constitutional powers vested in Congress. Liability of state and federal officers to suit in state court for acting to the injury of a...   Cases  
Kneedler v. Lane et al. Smith v. Lane et al. Nichols v. Lehman et al. 3 Grant 523, Supreme Court of Pennsylvania (January 01, 1863) 1863 1. The decision of the court heretofore made in these cases, declaring the act of Congress of March 3, 1863, commonly called the conscription law, unconstitutional, is now overruled, the act declared constitutional, and the injunctions then granted dissolved. 2. The power to grant an injunction to restrain the commission of a merely personal tort...   Cases  
Lehman v. McBride 15 Ohio St. 573, Supreme Court of Ohio (December 01, 1863) 1863 1. The finding and judgment of a court of common pleas made in a case of contested election brought before it by appeal under the statute, are subject to review in the district court and supreme court, by petition in error. 2. The act of April 13, 1863, to enable qualified voters of this state, in the military service of this state, or of the...   Cases  
Levy v. Levy 40 Barb. 585, Supreme Court, General Term, New York (November 30, 1863) 1863 I agree with Judge Mullin in the conclusion at which he has arrived, that the judgment of the special term should be reversed or modified to a certain extent, or in certain particulars, but I do not agree with him as to the nature of such modification, or with all his reasons or grounds for coming to the conclusion that he has reached. Some of the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Levy v. Levy 40 Barb. 585 (November 30, 1863) 1863 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 The case or administrative decision is no longer good law for at least one of the points it contains.
Lockhart v. Woods 38 Ala. 631, Supreme Court of Alabama (January 01, 1863) 1863 [ACTION ON ATTACHMENT BOND.] APPEAL from the Circuit Court of Russell. Tried before the Hon. ROBERT DOUGHERTY.   Cases  
Longmire v. Goode 38 Ala. 577, Supreme Court of Alabama (January 01, 1863) 1863 [CREDITORS' BILL TO ESTABLISH AND ENFORCE GENERAL ASSIGNMENT.] APPEAL from the Chancery Court at Claiborne. Heard before the Hon. M. J. SAFFOLD.   Cases  
Lott v. Bertrand 26 Tex. 654, Supreme Court of Texas (January 01, 1863) 1863 Reservations or limitations of a use or property in land, by way of condition, reversion, remainder or otherwise, are not within the provisions of the last clause of the second section of the statute of frauds and fraudulent conveyances. O. & W. Dig. art. 937. By deeds of marriage settlement made in 1828, A. and B., the intended husband and and...   Cases  
Lowenberg v. People 13 E.P. Smith 336, Court of Appeals of New York (October 01, 1863) 1863 Where the term of the court of general sessions for the city and county of New York is continued beyond the time prescribed by statute (2 R. S. 217, § 31), by reason of the unfinished trial of a case, commenced during the regular term--which continuation is provided for by a statute of 1846 (Laws of 1846, p. 4)--any prisoners convicted during the...   Cases  
Mahone v. Williams 39 Ala. 202, Supreme Court of Alabama (June 01, 1863) 1863 [BILL IN EQUITY TO SET ASIDE SALE UNDER MORTGAGE.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
Markham v. Howell 33 Ga. 508, Supreme Court of Georgia (July 01, 1863) 1863 This was a bill by the complainant against the defendants, Justices of the Inferior Court of Fulton county, to restrain them from the further use of the premises of the complainant as a small-pox hospital, alleging that it had been impressed by them for that purpose, and was then being so used, without authority of law and without the consent of...   Cases  
Martin v. Foster's Ex'r 38 Ala. 688, Supreme Court of Alabama (January 01, 1863) 1863 [ANNUAL SETTLEMENT OF EXECUTOR'S ACCOUNTS.] APPEAL from the Probate Court of Macon.   Cases  
Mason v. Mason 33 Ga. 435, Supreme Court of Georgia (January 01, 1863) 1863 1. The first ground of demurrer in the Court below was the general one of a want of equity in the bill, by which we understand, that it appears from the allegations that there is at common law a remedy for the grievance complained of. What is that grievance? That the defendants, Mason & Dibble, made to their co-defendant, as trustee of the...   Cases  
Mastin v. Barnard 33 Ga. 520, Supreme Court of Georgia (July 01, 1863) 1863 David Moore, of the city of Huntsville, and State of Alabama, by his will, bequeathed the whole of his estate to his wife and children, and therein appointed three persons as his executors, who were authorized to sell certain lands whenever it should seem to them proper and most to the interest of his children; also, to continue in operation, all...   Cases  
Mathison v. Daily 2 Haw. 702, Supreme Court of the Kingdom of Hawai'i (November 25, 1863) 1863 The discharge of the libellant, without a trial under the provisions of Section 1178 of the Civil Code, operates merely as a technical acquittal, creating a bar to his being prosecuted criminally, and does not preclude the masters or owners from setting up as a defence to the libellant's claim for wages. the plea, that he attempted to fire the...   Cases  
Matson v. Matson 4 Met. 262, Court of Appeals of Kentucky (June 24, 1863) 1863 1. The provision of section 49 of the Civil Code, that where the action concerns the separate property of the wife, or where the action is between herself and her husband, she may sue alone, relates merely to the form of procedure, and confers no new right of action. 2. The only effect of the provision supra is to dispense with the necessity for...   Cases  
McCann v. Baltimore & O. R. Co. 20 Md. 202, Court of Appeals of Maryland (October 28, 1863) 1863 The action in this case was brought by the appellant against the appellee, to recover the value of a looking-glass shipped over the road of the appellee from the City of Baltimore to the City of St. Louis, under a special contract set out in the appellant's declaration. To this declaration the appellee pleaded six pleas. It was agreed that in this...   Cases  
McIvor v. McCabe 26 How. Pr. 257, Superior Court of New York (July 01, 1863) 1863 The action is brought to recover for personal injuries. The injuries were inflicted in New Jersey, while the parties were both residents of that State. The motion to vacate the order of arrest is made upon the sole ground that this court has not jurisdiction of the cause of action. Except so far as the place of trial of actions for injuries to the...   Cases  
McIvor v. McCabe 26 How. Pr. 257 (July 01, 1863) 1863 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  
McLaurin v. Fairly 6 Jones Eq. 375, Supreme Court of North Carolina (June 01, 1863) 1863 The words, her representatives, in the deed executed by the defendant, Fairly, to Nancy McLaurin, the other defendant, (now his wife,) dated 12th of February, 1844, cannot be made to mean her children, and can have no other meaning than her executors or administrators. It is true, by this construction, the words have no legal effect, and must...   Cases  
Mercer County v. Hacket 68 U.S. 83, Supreme Court of the United States (December 01, 1863) 1863 By act of Assembly, passed in 1852, the legislature of Pennsylvania authorized the commissioners of Mercer County in that State to subscribe to the stock of the pittsburg and Erie Railroad, which road, if built, would pass through their county and benefit it. The act, however, contained this proviso: Provided, that the subscription shall be made...   Cases  
Mickie v. McGehee 27 Tex. 134, Supreme Court of Texas (January 01, 1863) 1863 The plaintiff brought suit by publication in the county of his residence against defendants, who were non-residents of the state, and alleged in his petition that the defendants had no property in this state, other than a note due them by parties resident in a different county, which note was in the hands of an attorney resident in the county...   Cases  
Miltenberger v. Spaulding 33 Mo. 421, Supreme Court of Missouri (March 01, 1863) 1863 This was a suit by the endorsees of a foreign bill of exchange against the endorsers. The acceptors resided in the city of Baltimore, and the demand was made by the clerk of the notary public; and one of the questions presented by the record is, whether such a demand can be made by the clerk of a notary. This bill was drawn in Missouri upon parties...   Cases  
Mordecai v. Boylan 6 Jones Eq. 365, Supreme Court of North Carolina (June 01, 1863) 1863 Where a testator, having estates in this and two other States, appointed an executor here and another residing in one of the other States, and provided that they should not be required to give security, and it appeared that the money in the hands of the executor, in this State, was not sufficient to pay the pecuniary legacies, it was held to be the...   Cases  
Morrison v. Springer 15 Iowa 304, Supreme Court of Iowa (December 10, 1863) 1863 I. The Court did not have jurisdiction to hear this cause: 1. Exclusive jurisdiction to contest the election of certain officers, including that of District Attorney, is provided for in chapter 37, title 4, of the Revision of 1860. The Commonwealth, ex rel. Ross, v. Baxter, 35 Pa. S., 263; The State, ex rel. Brison, v. Singe, 26 Miss., 500; The...   Cases  
Munson v. Hallowell 26 Tex. 475, Supreme Court of Texas (January 01, 1863) 1863 When a statute, adopted by this state from England or one of the older American states, has, previous to our enactment of it, received a settled and uniform construction in the courts of the country from which we have taken it, our courts will give to it a similar construction; and such interpretation is to be as much regarded in determining its...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Norris v. Doniphan 4 Met. 385, Court of Appeals of Kentucky (July 09, 1863) 1863 1. The act of Congress, approved July 17, 1862, entitled an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, after declaring that all the estate and property, money, stocks, and credits, of certain officers of the Confederate States, and of certain...   Cases  
O'Conner v. Silver 26 Tex. 606, Supreme Court of Texas (January 01, 1863) 1863 To a suit upon a judgment the defendants pleaded payment and satisfaction, to establish which they introduced a return made upon an execution issued from such judgment: Held, that the plaintiff could not introduce evidence contradicting the return, unless he had laid a foundation in his petition for the introduction of such evidence. A general...   Cases  
Ohio & M.R. Co. v. Fitch 20 Ind. 498, Supreme Court of Indiana (May 01, 1863) 1863 Dewit C. Fitch sued the Ohio and Mississippi railroad company for stock killed by the machinery of the corporation. The defendant answered as follows: 1. The general issue. 2. That on the 9th of April, 1860, said railroad was put into the hands of one Alsop, as receiver, by the Circuit Court of the United States, sitting in the District of Indiana,...   Cases  
Orrick v. Pratt 34 Mo. 226, Supreme Court of Missouri (October 01, 1863) 1863 Orrick's wife was the widow of Thomas J. Robbins, who died in April, 1859. At the time of the death of Robbins, he owned a tract of land in St. Charles county, and occupied a dwelling-house upon it, together with some land about it, used for out-houses and stables, a garden, a meadow, and other lots. And adjoining this land, and on the same tract...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Ouimit v. Henshaw 35 Vt. 605, Supreme Court of Vermont (February 01, 1863) 1863 Duties and Liabilities of Railway Managers in respect to Baggage of Passengers. Common Carriers. Warehousemen. Custom. Baggage. A passenger, arriving with baggage by cars at a railroad station, is justified in regarding the man who handles and takes charge of the baggage on the arrival of the train, as the agent of the railroad company which has...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Owens v. Rhodes 10 Fla. 319, Supreme Court of Florida (January 01, 1863) 1863 The bill in this case was filed to enjoin a judgment which appellee recovered vs. the administrator, at the October term, 1860, of Leon Circuit Court. The bill alleges that there had been transactions between Williams, in his lifetime, and appellee; and that, after the death of Williams, in November, 1859, his administrator, appointed January 28,...   Cases  
Parker v. Phetteplace 68 U.S. 684, Supreme Court of the United States (December 01, 1863) 1863 APPEAL from the Circuit Court for the District of Rhode Island. The complainants below, appellants here, filed a bill as judgment creditors, to set aside conveyances of the property of one Edward Seagrave, their debtor, and made, as they alleged, to hinder and delay the execution of their judgment. The judgment was recovered in the Circuit Court of...   Cases  
Paschal v. Acklin 27 Tex. 173, Supreme Court of Texas (January 01, 1863) 1863 The plaintiff claimed the land in controversy by virtue, in part, of her right of inheritance as the mother and heir of the deceased children and heirs of her former husband. Among the issues raised by the pleadings was the question of fact, whether or not the plaintiff was the mother, and as such the heir, of the children and heirs of her former...   Cases  
People v. Pease 13 E.P. Smith 45, Court of Appeals of New York (June 01, 1863) 1863 Upon the trial of a quo warranto to determine the title to an office depending upon a general election, the question is who received the most legal votes. The inspectors of elections are not judicial, but administrative officers: their decision is final only as to receiving or rejecting votes; but the question whether a voter was or was not...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Perkins v. Keith 33 Ga. 525, Supreme Court of Georgia (July 01, 1863) 1863 The capital defect in the argument of our young brother, if he will pardon the criticism, is, in treating this as a contest between the husband, or representative of the deceased husband, and the wife or widow, instead of the father of the wife and his daughter, who are really the parties to the case. The argument is highly creditable to the...   Cases  
Perryman v. Greer 39 Ala. 133, Supreme Court of Alabama (June 01, 1863) 1863 [BILL IN EQUITY TO ENJOIN SALE UNDER MORTGAGE.] APPEAL from the Chancery Court at Mobile. Heard before the Hon. N. W. COCKE.   Cases  
Philadelphia, W. & B.R. Co. v. State 20 Md. 157, Court of Appeals of Maryland (October 09, 1863) 1863 This case comes before us by appeal from a judgment of the Circuit Court for Cecil County, in favor of the appellee upon an indictment charging the appellant with the erection and continuance of a bridge across its railroad, which is alleged to be a nuisance. The indictment contains three counts: The first count charges that a certain railroad...   Cases  
Phillipi v. Capell 38 Ala. 575, Supreme Court of Alabama (January 01, 1863) 1863 [MOTION FOR EXECUTION ON FORTHCOMIG BOND.] APPEAL from the Chancery Court at Mobile. Heard before the Hon. N. W. COCKE.   Cases  
Phillips v. Phillips 39 Ala. 63, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY FOR CANCELLATION OF GIFT, ON GROUND OF FRAUD UNDUE INFLUENCE, &C.] APPEAL from the Chancery Court at Troy. Heard before the Hon. M. J. SAFFOLD.   Cases  
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