TitleCitationYearSummaryMost RelevantTypeStatus
Pickering v. De Rochemont 45 N.H. 67, Superior Court of Judicature of New Hampshire (January 01, 1863) 1863 When the wife is joined with the husband as plaintiff, the declaration should show that the wife is the meritorious cause of action. A declaration in assumpsit, that defendant being indebted to husband and wife for money had and received for their use, in consideration thereof promised to pay them, &c., is bad. Under a declaration of this kind the...   Cases  
Powell v. Edmondson 33 Ga. 476, Supreme Court of Georgia (March 01, 1863) 1863 Where an award, made by arbitrators under the Arbitration Act of 5th March, 1856, exceeds the authority given by the submission, so much of such award as relates to subject matters not submitted will be rejected as surplusage, while the balance of the award will be allowed to stand as the judgment of the Court, final and conclusive, between the...   Cases  
Radford v. Chamberlain 4 Met. 237, Court of Appeals of Kentucky (June 06, 1863) 1863 1. A decree for the sale of land, held in trust for the separate use of a married woman, is rendered void by a failure to have a report of commissioners, stating the value of her estate, the annual profits thereof, and that her interest requires the sale to be made. Appeal from Christian circuit court. The only question that we need to decide is,...   Cases  
Reese v. Medlock 27 Tex. 120, Supreme Court of Texas (January 01, 1863) 1863 It is a well settled general principle that, when an agency is created and conferred by a written instrument, the nature and extent of the authority given by it must be ascertained from the instrument itself, and cannot be enlarged by parol evidence of the usage of other agents in like cases, for that would be to contradict or vary the terms of the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Rex v. Booth 2 Haw. 616, Supreme Court of the Kingdom of Hawai'i (January 01, 1863) 1863 The law prohibiting the sale of intoxicating drinks to natives of this Kingdom, contained in Section 1, Chapter 42d of the Penal Code, held to be constitutional and in accordance with the policy of Hawaiian legislation from the earliest foundation of the present system of Government. Likewise that the law does not contravene the obligations entered...   Cases  
Robbins v. Oldham 1 Duv. 28, Court of Appeals of Kentucky (January 14, 1863) 1863 In August, 1862, Maines sold to Oldham his crop of tobacco, then growing in the field, for the price of $124.29, which was paid in hand by Oldham. It was further stipulated in the written contract that Maines was to cultivate, strip and bulk said tobacco, and deliver it to Oldham by the 1st March, 1863; and for the extra work to be done by Maines...   Cases  
RUNNING THE BLOCKADE FROM PORTS OF THE UNITED STATES. 10 U.S. Op. Atty. Gen. 513 (July 27, 1863) 1863     Administrative Decisions & Guidance  
Rutledge's Adm'r v. Townsend, Crane & Co. 38 Ala. 706, Supreme Court of Alabama (January 01, 1863) 1863 [ACTION ON PROMISSORY NOTE, BY PAYEE AGAINST MAKER.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Savannah, Albany and Gulf R. Co. v. Shiels 33 Ga. 601, Supreme Court of Georgia (November 01, 1863) 1863 The defendants in error, in their bill filed in the Superior Court of Chatham county, state that they own and occupy severally, improved lots on Randolph street, in the city of Savannah, and they allege as the grievance, in the course of perpetration, against which they pray an injunction, that the defendants, to-wit, the Savannah, Albany and Gulf...   Cases  
Scott v. Hunter 46 Pa. 192, Supreme Court of Pennsylvania (January 01, 1863) 1863 This was an action of trespass on the case, brought to recover the value of two coal-boats, with their cargoes, belonging to the plaintiffs, and lost, as they aver, through the unlawful, wilful, malicious, and negligent conduct of the defendants. The declaration contained two counts, the first of which averred that the defendants had caused the...   Cases  
Shannon v. Reese 38 Ala. 586, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY FOR INJUNCTION OF JUDGMENT AT LAW.] APPEAL from the Chancery Court of Dallas. Heard before the Hon JAMES B. CLARK.   Cases  
Sherrod v. Sherrod's Adm'rs 38 Ala. 537, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY BY EXECUTOR, FOR CONSTRUCTION OF WILL, ADMINISTRATION, AND SETTLEMENT OF ESTATE.] APPEAL from the Chancery Court of Lawrence. Heard before the Hon. JOHN FOSTER.   Cases  
Smith v. Adams 27 Tex. 28, Supreme Court of Texas (January 01, 1863) 1863 The harrassing of a party by unfounded suits is not an injury for which he can have legal redress, unless he suffer a loss occasioned by the violation of some legal right. The merely bringing of an unjust or unfounded suit against one is not actionable, except the wrongful suing out of writs of sequestration, attachment, etc. APPEAL from Jasper....   Cases  
Smith v. Hines 10 Fla. 258, Supreme Court of Florida (January 01, 1863) 1863 1. The common law and statute fixing dower, by its own silent operation, raises a provision for the wife in the event of her surviving her husband, independent of, and without reference to, the agreement of the parties; consequently, the right of the wife to dower is not derived through the husband, but by provision of law. It is an interest which...   Cases  
Smith v. Kennard's Ex'r 38 Ala. 695, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY BY LEGATEES AGAINST EXECUTOR, FOR RECOVERY OF LEGACIES, ACCOUNT, &c.] APPEAL from the Chancery Court of Madison. Heard before the Hon. JOHN FOSTER.   Cases  
State v. Bailey 60 N.C. 137, Supreme Court of North Carolina (June 01, 1863) 1863 The evidence in this case, leaves the matter so nearly on a balance, as to require very great consideration on the part of the jury, in order to determine on which side the truth preponderates. When that is the case, it is of the utmost importance that the words used by the Judge, in giving his charge, should be precise and accurate and not...   Cases  
State v. Oliver 2 Houst. 585, Superior Court of Delaware (October 01, 1863) 1863 Dying declarations when admissible in evidence, constitute a well-known exception in more respects than one, to the fundamental principle which prevails generally, for they are admitted without the sanction and obligation of an oath, as well as in apparent derogation of the provision of the constitution which guarantees to the accused the right to...   Cases  
State v. Oliver 2 Houst. 585 (October 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  
Story v. Graham 4 Met. 319, Court of Appeals of Kentucky (September 29, 1863) 1863 Graham brought this action on the 1st of January, 1862, for the purpose of subjecting property formerly belonging to Allen Story to the payment of his debts, according to the provisions of the act of 1856, entitled an act to prevent fraudulent assignments in trust for creditors and other fraudulent conveyances. (1 Stan. Rev. Stat. 553.) It is...   Cases  
Stouvenel v. Stephens 26 How. Pr. 244, Court of Common Pleas of New York City and County (January 01, 1863) 1863 Hearsay evidence is admissible to show the death of a person after a considerable lapse of time; but it is not receivable when the alleged death was of recent occurrence, and when it may fairly be supposed that other and more satisfactory evidence could be obtained. Hearsay evidence is intrinsically weak, incompetent to satisfy the mind of the...   Cases  
Taylor v. Watkins 26 Tex. 688, Supreme Court of Texas (January 01, 1863) 1863 The doctrine of the presumption of grants from the state, by reason of long continued possession and claim, considered, and the leading authorities pertinent thereto reviewed. The presumption of a grant can never fairly arise where all the circumstances are consistent with the non-existence of a grant; nor, a fortiori, where the claim is of such a...   Cases  
The La Manche 2 Spr. 207, District Court, D Massachusetts (June 01, 1863) 1863 In admiralty.   Cases  
The Peterhoff Blatchf. Prize Cas. 463, District Court, SD New York (August 01, 1863) 1863 In admiralty.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
The Springbok Blatchf. Prize Cas. 434, District Court, SD New York (July 30, 1863) 1863 In admiralty. See Case No. 13,263.   Cases  
Tucker v. Anderson 27 Tex. 276, Supreme Court of Texas (January 01, 1863) 1863 The charge of the court was not altogether accurate, and we are of opinion that there was error in overruling the motion for a new trial. It appears, from the evidence, that the defendant Anderson removed his white family, and some house servants, from Wharton county to Comal county in June, 1856, and that they remained in Comal county until...   Cases  
Twelves v. Nevill 39 Ala. 175, Supreme Court of Alabama (June 01, 1863) 1863 [BILL IN EQUITY BY REMAINDER-MEN, AGAINST PURCHASER FROM TENANT FOR LIFE, TO ENFORCE TRUST.] APPEAL from the Chancery Court at Mobile. Heard before the Hon. N. W. COCKE.   Cases  
U.S. v. Cashiel 1 Hughes 552, District Court, D Maryland (January 01, 1863) 1863 In the month of June, 1863, the accused [Hazel B. Cashiel] had at pasture on his farm, in Montgomery county, Md., some five hundred head of cattle, which, with some five hundred others, belonging to the United States, were driven away, on the morning of the 28th of that month, for their protection from the Confederate cavalry, then approaching....   Cases  
U.S. v. Greathouse 2 Abb.U.S. 364, Circuit Court, ND California (October 17, 1863) 1863 On the fifteenth day of March, 1863, the schooner J. M. Chapman was seized in the harbor of San Francisco, by the United States revenue officers, while sailing, or about to sail, on a cruise in the service of the Confederate States, against the commerce of the United States; and the leaders of the expedition, consisting of Ridgeley Greathouse,...   Cases  
U.S. v. Kelly 2 Spr. 77, District Court, D Massachusetts (July 01, 1863) 1863 The defendant was found guilty upon one count in the indictment, the material words of which were as follows:Zeno Kelly, of New Bedford, in the district of Massachusetts, merchant, at New Bedford, and within the jurisdiction of this court, on the said first day of July, in the year of our Lord one thousand eight hundred and sixty, he the said...   Cases  
Vinson v. Vinson 33 Ga. 454, Supreme Court of Georgia (January 01, 1863) 1863 It is difficult to ascertain with certainty the meaning of this will, and we need no other proof of the confusion of tongues of Babel than the language in which this will is written. Once the earth spake in holy tongue given to our progenitors at the creation. But pro peccato dissentiones humanæ- different speech came into the world. Hence, the...   Cases  
Wallace v. Harmstad 44 Pa. 492, Supreme Court of Pennsylvania (January 01, 1863) 1863 It is not to be doubted that the cases of Arrison v. Harmstad, 2 Barr 191, and Wallace v. Harmstad, 3 Harris 462, do decide that by reason of the fraudulent alteration of the deeds, reserving the ground-rent in question, neither an action of debt or covenant would lie on any one of the deeds for recovery of the rent, nor is it recoverable in an...   Cases  
Warfield v. Ravesies 38 Ala. 518, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY TO SUBJECT WIFE'S SEPARATE ESTATE TO PAYMENT OF NOTE.] APPEAL from the Chancery Court at Mobile. Heard before the Hon. M. J. SAFFOLD.   Cases  
Waters' Lessee v. Riggin 19 Md. 536, Court of Appeals of Maryland (April 02, 1863) 1863 In an action of ejectment, the plaintiff claiming as trustee under the deed of an insolvent debtor, and the defendant, the said insolvent, relying upon an outstanding title in a third party, H., under a prior deed from himself, the grantee, H., having cotemporaneously with the execution of the deed, given a bond conditioned for the re-conveyance of...   Cases  
Waters v. Williams 38 Ala. 680, Supreme Court of Alabama (January 01, 1863) 1863 [ACTION FOR USE AND OCCUPATION OF LAND.] APPEAL from the Circuit Court of Marengo. Tried before the Hon. A. A. COLEMAN.   Cases  
Watkins v. Defoor 33 Ga. 494, Supreme Court of Georgia (July 01, 1863) 1863 Is the verdict in this case supported by the evidence? It would seem not. Upon the principle of averaging the proof, it should have been $130 00, with interest from the time of sale, making $184 00-but the finding of the jury is $200 00. This hypothesis, then, itself of doubtful propriety, will not do, and by no possible conjecture upon the...   Cases  
Webb v. Mallard 27 Tex. 80, Supreme Court of Texas (January 01, 1863) 1863 The question whether an execution is voidable or void, when the defendant dies after the rendition of the judgment, but before the issuance of the execution, discussed and authorities cited. NOTE.--A sale of property under execution, after the death of the defendant, is only relatively void. Such sale may be avoided by any party having an interest...   Cases  
Webb v. State 21 Ind. 236, Supreme Court of Indiana (November 01, 1863) 1863 Prosecution against Webb for larceny in stealing a horse. He was first arrested and committed upon an affidavit made before Mayor Cavin, of Indianapolis. Smithers, who made the affidavit, signed it below the jurat, between it and the name of the Mayor, who administered the oath to Smithers, and certifies to its having been taken. This is a mere...   Cases  
Werely v. Persons 1 Tiffany 344, Court of Appeals of New York (March 01, 1863) 1863 I am not able to distinguish this case, in principle, from those of Aveson v. Lord Kinnaird, (6 East, 188;) Gray v. Young, (Harper, 38;) and Caldwell v. Murphy, (1 Kern. 416.) The declarations in this case are a little more remote than in the previous cases, and the circumstances are such as to throw more doubt upon their sincerity, but their...   Cases  
Wheeler v. Wooten 27 Tex. 257, Supreme Court of Texas (January 01, 1863) 1863 After a bond given for a trial of the right of property has served its purpose in securing to the claimant a trial of that right, and after judgment against him upon that issue, and a failure upon his part to surrender the property within the time prescribed by law, it is not competent for him to move the quashal of his own bond, thereby to escape...   Cases  
White v. Burney 27 Tex. 50, Supreme Court of Texas (January 01, 1863) 1863 We are of opinion that the court did not err in admitting in evidence the copy of the deed of the 18th of November, 1850. Inquiry had been made of the trustee and the beneficiary. This, we think, was sufficient to admit secondary evidence. And the foundation having been thus laid, an examined copy was admissible equally with a certified copy. The...   Cases  
WHITING'S CASE. 10 U.S. Op. Atty. Gen. 435 (January 13, 1863) 1863     Administrative Decisions & Guidance  
Wiley v. Boyd 38 Ala. 625, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY BY CREDITOR TO ESTABLISH AND ENFORCE MORTGAGE.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
Wright v. Daily 26 Tex. 730, Supreme Court of Texas (January 01, 1863) 1863 An attorney at law has no right, without express authority from his client or principal, to receive anything but money in payment of a debt entrusted to him for collection. [27 Tex. 574.] It was error to admit as evidence the declaration of the attorney of a plaintiff in execution, made subsequent to a sale of property thereunder, to prove a...   Cases  
Wright v. Kuhn 20 Md. 421, Court of Appeals of Maryland (December 15, 1863) 1863 This case presents the double aspect of a regular proceeding in the Circuit Court for Frederick County, disposing of the rights of creditors against an insolvent debtor to a fund in insolvency, and pari passu entertaining a petition by agreement followed by many of the characteristics of a bill in chancery. William S. Gittings was appointed trustee...   Cases  
Yerrington v. Greene 7 R.I. 589, Supreme Court of Rhode Island (September 01, 1863) 1863 The death of the employer, who by contract has retained a clerk and salesman in his business for the term of three years at a salary, before the expiration of the stipulated term of service, excuses the further performance of the contract; and no action can be maintained against the administrators of the employer, for their refusal longer to employ...   Cases  
Adams v. Adams 39 Ala. 274, Supreme Court of Alabama (January 01, 1864) 1864 [PETITION BY WIDOW FOR ALLOTMENT OF DOWER.] APPEAL from the Probate Court of Dallas.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Adams v. Way 32 Conn. 160, Supreme Court of Errors of Connecticut (September 01, 1864) 1864 On the trial of this case to the court, the plaintiff in the first place offered in evidence the original guaranty executed by the defendant, and which is set out in full in the declaration. To this the defendant objected, on the ground that there was a fatal variance between it and the declaration. The particular ground of variance is not pointed...   Cases  
Allen v. Pegram 16 Iowa 163, Supreme Court of Iowa (April 22, 1864) 1864 It is conceded that the Congress of the United States never confirmed or approved the act of the Territorial Legislature which chartered the Bank of Nebraska; and one question which lies at the basis of this controversy, and which meets us at the outset is: Was such approval and confirmation necessary? On the 1st day of July, 1836 (U. S. Stat. at...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Andrews v. Strong 33 Ga.Supp. 166, Supreme Court of Georgia (March 01, 1864) 1864 [1.] A soldier who has been regularly enrolled and mustered into the military service of the Confederate States, and who, pending such service, is elected, commissioned and qualified a Justice of the Peace in this State, is entitled to be discharged from such military service. [2.] The right of Congress to exercise its various grants of power, in...   Cases  
Bartlett v. Bartlett 33 Ga.Supp. 172, Supreme Court of Georgia (March 01, 1864) 1864 By the third clause of his will, testator bequeathed certain property to his wife during her life or widowhood, and directed that upon her death or marriage the property should be equally divided, share and share alike, between his five sons, who are specifically named, and if either of said five sons should die without leaving issue at the time of...   Cases  
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