TitleCitationYearSummaryMost RelevantTypeStatus
Bascom v. Smith 4 Tiffany 595, Court of Appeals of New York (January 01, 1864) 1864 In justice's court, to obtain an attachment against a non-resident, the affidavit upon that point is sufficient, as against third parties, if it states that the deponent (plaintiff) applies for an attachment on the ground that the defendants are not residents of that county, but are residents of another county. The affidavit in this...   Cases  
Beazley v. Marat Court of Appeals of Kentucky (December 22, 1864) 1864 Appellees claiming to be creditors of William H. Beazley brought separate actions against him for the amounts due them respectively, and upon grounds in their petitions, and affidavits stated, caused attachments to be issued and levied upon his real and personal estate, all of which were sustained by the court below and the property ordered to be...   Cases  
Becton v. Alexander 27 Tex. 659, Supreme Court of Texas (January 01, 1864) 1864 The court did not err in overruling the exceptions to the plaintiffs' petition. The allegations of the plaintiffs unquestionably present a case in which they are not only entitled to invoke the jurisdiction of the district court, but as to which the county court was powerless to grant them full and adequate relief. Although their original petition...   Cases  
Bedford v. Terhune 3 Tiffany 453, Court of Appeals of New York (January 01, 1864) 1864 A lessor cannot recover against a third person for the use and occupation of premises, unless he shows a surrender of the original lease. In the absence of any evidence of the bargain under which defendants entered into possession of the premises, and it appearing that they occupied the whole of the unexpired term of the lease to the original...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Belt v. Raguet 27 Tex. 471, Supreme Court of Texas (January 01, 1864) 1864 It is an elementary principle that the fraud of a grantor taints his conveyance, except as to purchasers for a valuable consideration. The mere acceptance, without a valuable consideration, of a fraudulent conveyance, is evidence of a participation by the grantee in the fraud of the grantor; and when the fraudulent purpose of the grantor is shown,...   Cases  
Beverly v. Perkins 1 Duv. 251, Court of Appeals of Kentucky (December 13, 1864) 1864 The return of a sheriff to a summons against infant defendants, that he had executed it by delivering a true copy to each of the persons named in it, negatives the presumption that the service was on any other person than the infants; and such of them as were not over fourteen years old were not legally in court. They should have been allowed a...   Cases  
Birdsall v. Russell 2 Tiffany 220, Court of Appeals of New York (March 01, 1864) 1864 Dr. Kittredge, a witness for the plaintiffs, who was secretary and treasurer of the company issuing such bonds, testified, that only 525 similar bonds were issued, which he received in blank from Mr. Coe, the mortgagee in trust, with the certificates signed by the latter; the written part of such bonds, and their numbering, with that of the...   Cases  
Blackburn v. Craufurd 22 Md. 447, Court of Appeals of Maryland (June 03, 1864) 1864 The question on this motion involves simply the inquiry, whether the transcript of the record sent before us is erroneous, by reason of its containing the proceedings in the cause before the Circuit Court, subsequent to the bill and exhibits accompanying it, as suggested by the appellees. Under the Act of 1835, the filing of an answer is made a...   Cases  
Board of Com'rs of Public Schools of Allegany County v. Allegany County Com'rs 20 Md. 449, Court of Appeals of Maryland (January 08, 1864) 1864 The application for the mandamus in this case, was resisted and refused, upon the ground that, the Act of the General Assembly of Maryland, requiring the Commissioners of Allegany County to levy the balance estimated by the Board of Commissioners of Public Schools, and reported to the commissioners of the county, as necessary for the support...   Cases  
Board of Ed. of State of Ill. v. Greenebaum & Sons 39 Ill. 609, Supreme Court of Illinois (April 01, 1864) 1864 Several objections are taken to the decree in this case, which we will notice in the order in which they are presented; and, 1. Overruling the demurrer to the petition. The plaintiffs in error urge in support of the demurrer, that it does not appear by the petition that the persons who signed the contract were authorized to sign it. This objection...   Cases  
Bowers v. Strudwick Win.Eq. 64, Supreme Court of North Carolina (June 01, 1864) 1864 In taking an account under a decree which directed that the mortgaged property in possession of the mortgagee should be retained by him in satisfaction of the mortgage debt at a valuation to be fixed by the Clerk, the valuation must be made according to what the property would bring in specie. In obedience to the decree made at the hearing of this...   Cases  
Branham v. City of San Jose 24 Cal. 585, Supreme Court of California (April 01, 1864) 1864 The appeal in this case comes before us on demurrer to the complaint. The facts as alleged in the complaint are substantially as follows: By the Constitution, the Pueblo of San José was declared the seat of government until removed by law. The first session of the Legislature was held at that place. There was then no building belonging to the...   Cases  
Brown v. Rowles 21 Md. 11, Court of Appeals of Maryland (February 05, 1864) 1864 The contest in the Court below, as presented on the petition and answer, related to the claims of Mary A. Brown. one of the appellants, as legatee in remainder, under the will of her father, George Stinchcomb. By this will a life estate in his whole property was devised to Mary Stinchcomb, widow of the testator, subject to the payment out of the...   Cases  
Bryan v. Walton 33 Ga.Supp. 11, Supreme Court of Georgia (March 01, 1864) 1864 I have carefully reviewed the voluminous documents connected with this case, and find nothing to raise a doubts as to the correctness of the conclusion to which the Court came in its decision, affirming the judgment of the Circuit Judge. No case has been produced, we presume none can be found, in which a judgment of a Supreme Court had been...   Cases  
Budd v. State for Use of Posey 22 Md. 48, Court of Appeals of Maryland (October 07, 1864) 1864 The appellees brought this suit, as administrators of Joseph A. Posey, on the bond of John L. Budd, as executor of Ann R. Saxton, for the purpose of recovering the value of certain personal property bequeathed by her to their intestate. The record shows that Joseph A. Posey was a half-brother of the appellee, John V. Posey, on the paternal side,...   Cases  
Burroughs v. Peyton 16 Gratt. 470, Supreme Court of Appeals of Virginia (March 07, 1864) 1864 1. Congress has the constitutional power to raise armies, either by contract or by coercion. 2. A person who has put in a substitute who has been regularly received and continues in the service, not liable himself to conscription, is not thereby entitled to be discharged from service, under a call made upon him by virtue of a subsequent law of...   Cases  
Butt v. State 33 Ga.Supp. 56, Supreme Court of Georgia (March 01, 1864) 1864 Where an indictment charges a defendant with the offense of adultery and fornication, but contains specifications that the accused is a married man and committed the offense with a single woman, and the jury find the accused guilty of adultery, the verdict is good, and it is no ground to arrest the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Carson v. Carson 2 Win. 135, Supreme Court of North Carolina (June 01, 1864) 1864 The main question presented in this case, and the only one which at present we think it proper to decide, arises upon the construction of the deed executed by Jonathan L. Carson and George M. Carson to William M. Carson, on the 6th of May, 1842, in trust for his wife and children. The question is whether the trust in favor of the children, is...   Cases  
Cessna v. Stedman 1 Duv. 188, Court of Appeals of Kentucky (September 23, 1864) 1864 On a traverse to the circuit court of an inquisition on a warrant of forcible entry and detainer issued by the police judge of Hodgensville, in Larue county, the court quashed the warrant and dismissed the case on the assumed ground that the police judge had no jurisdiction, and that therefore the warrant was void. That judgment presents the only...   Cases  
Clark v. Way & Taylor 33 Ga.Supp. 149, Supreme Court of Georgia (March 01, 1864) 1864 1. The certificate of the clerk, on the back of a deed, as to the fact and date of registration being so written as to render the date doubtful and uncertain, and it being material to show the true date, a copy of the deed with the fact and date of registration taken from the record and duly certified, was offered in evidence to show said date, and...   Cases  
Cline v. Latimore 1 Win. 207, Supreme Court of North Carolina (June 01, 1864) 1864 We concur with the court below in awarding a judgment of nonsuit. The reversion in the parcel of land devised to the wife for life was a part of the testators' estate undisposed of specifically, and which fell therefore into the residue. This the executor is required to sell and divide among The heirs, so as to eqnalize shares. It must be converted...   Cases  
Cochrane v. Day 27 Tex. 385, Supreme Court of Texas (January 01, 1864) 1864 The petition for a writ of error in this case is glaringly defective, and the motion to dismiss it must be sustained. The practice of this court in dispensing with merely formal averments, or such as are unimportant for the protection of the opposite party, in petitions for writs of error, has always been justly liberal. But it has also been held...   Cases  
Coley v. Ballance Win.Eq. 89, Supreme Court of North Carolina (December 01, 1864) 1864 All of the property embraced in the legacies which lapsed by the death of the legatees, falls into the residue. This is the general rule, and there is nothing to take this case out of its application. 2. The cattle and increase fall into the residue, subject to the estate of Ruffin Ballance, until Tawboro would have been 21 years old, if he had...   Cases  
Conly v. Kincaid Win.Eq. 44, Supreme Court of North Carolina (June 01, 1864) 1864 A testator gives to his wife real and personal property for life, and directs that at her death it should all, real and personal, be sold, and the money equally divided amoTg his children. By the direction to sell, the land is converted into personalty. One of the daughters of the testator died after the testaton, in the lifetime of his widow,...   Cases  
Daniel v. Duncan 33 Ga.Supp. 29, Supreme Court of Georgia (March 01, 1864) 1864 Fully concurring, as we do, with our brother Clark in the construction put upon the will of James K. Daniel, and in the direction given by his decree to the future administration of the estate, we cheerfully adopt his clear and well considered opinion as our own, and make it the judgment of this Court: The testator directs, by the second clause of...   Cases  
Daniels v. Barney 22 Ind. 207, Supreme Court of Indiana (May 01, 1864) 1864 In 1855, the legislature of Indiana enacted: That all persons, associations of persons, or companies, usually called Express Companies, regularly engaged, or hereafter to be engaged in the business of carrying or transporting packages or parcels of bank notes, coin, merchandise, or other articles, over or upon any of the railroads, rivers, canals,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Debrell v. Ponton 27 Tex. 623, Supreme Court of Texas (January 01, 1864) 1864 The payees of a note, executed by a husband and his wife, brought suit against the guardian of the children of the wife by a former husband, to subject to the payment of the note the interest of the wife in the estates of her deceased husband and of a deceased son, which was alleged to have passed into the possession of the guardian, and the suit...   Cases  
Dinah v. State 39 Ala. 359, Supreme Court of Alabama (June 01, 1864) 1864 [INDICTMENT FOR ATTEMPT TO POISON.] FROM the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK.   Cases  
Eans v. Sawyer 27 Tex. 448, Supreme Court of Texas (January 01, 1864) 1864 The case of Sawyer v. Boyle (21 Tex., 28) cited and approved; the rulings in which case relate to the effect, as evidence, of recitals of a record of a probate court of another state in the distribution of an estate. APPEAL from Fayette. Tried below before the Hon. Geo. W. Smith. The appellees, Sarah A. Sawyer and her husband, G. W. Sawyer, who...   Cases  
Edwards v. Parks Win.Eq. 49, Supreme Court of North Carolina (June 01, 1864) 1864 Payment of the money due on a bill of exchange, promisary note or bond, for the payment of money, negotiable as a bill. &c., by the person liablc to pay, to him who has bona fide possession of the instrument, as a purchaser of it, though without indorsement, discharges the debt. Authority from the husband to his wife to sell a negotiable bond and...   Cases  
Evans v. Murray 27 Tex. 383, Supreme Court of Texas (January 01, 1864) 1864 The last clause of the second section of the statute of frauds (O. & W. Dig., art. 937) is not applicable to an interest in remainder in goods and chattels, created by a will or a deed duly proved and recorded in another state, wherein the property was situated when disposed of by such instrument, and when, by the laws of such state, the title in...   Cases  
Ex parte Graham 13 Rich. 277, Court of Appeals of South Carolina (May 01, 1864) 1864 An Act of the Confederate Congress allowed exemptions from military service to be granted for one year to overseers, on payment by the employer of five hundred dollars:Held, that an exemption granted under the Act was not revoked by a repeal of the Act within the year. An Act of the Legislature will not be construed to have a retroactive...   Cases  
Ex parte McRoberts 16 Iowa 600, Supreme Court of Iowa (January 01, 1864) 1864 The question presented in this case in one of great importance to the defendant not only, but is practically of the highest importance in its relations to the civil administration of the government, as well as to the military service. There is not necessarily any conflict in this case between the civil and military authorities, but if there was...   Cases  
Fenby v. Johnson 21 Md. 106, Court of Appeals of Maryland (February 24, 1864) 1864 The only questions submitted to the Court at the hearing of this cause, arise upon one of the clauses in the will of James Johnson, deceased, a copy of which is filed in this cause, marked Exhibit 1. A part of the clause contains a devise over to the testator's widow, which, with the other devises and bequests that he made to her, she renounced....   Cases  
Ferguson v. Ferguson 27 Tex. 339, Supreme Court of Texas (January 01, 1864) 1864 The only question in this case depends upon the construction that should be given to the instrument of writing executed by Robert A. Ferguson, the appellee, on the 7th of October, 1845, in favor of the appellants, Napoleon B. Ferguson and Elizabeth A. V. Murray. Shall this instrument be held to be a deed or a will? The appellants, who were...   Cases  
Fifield v. Insurance Co. of Pennsylvania 47 Pa. 166, Supreme Court of Pennsylvania (January 01, 1864) 1864 This was an action of covenant upon a marine policy of insurance, issued 24th November 1860, for one year, upon the plaintiff's interest, valued at $3000, in the brig John Welsh, valued at $12,000. The perils insured against were the seas, fires, pirates, rovers, assailing thieves, jettison, &c., and the language of the excepting clause in one of...   Cases  
FORT PILLOW MASSACRE 11 U.S. Op. Atty. Gen. 43 (May 04, 1864) 1864     Administrative Decisions & Guidance  
Fountaine v. Urquhart 33 Ga.Supp. 184, Supreme Court of Georgia (March 01, 1864) 1864 [1.] Under the Judiciary Act of 1799, and the amendments thereto, Courts of law and Courts of equity have concurrent jurisdiction in the settlement of partnership affairs and transactions between copartners, and the complainant may elect the forum in which his rights are to be litigated. [2.] Where one partner assigns his interest in the assets of...   Cases  
Gatlin v. Walton 1 Win. 333, Supreme Court of North Carolina (June 01, 1864) 1864 The Acts of Congress of 5th of January and 17th of February, 1864, concerning conscription, are Constitutional and valid. If a contract were made between the government and the conscript, by the latter furnishing a substitute under the 9th section of the Act of 16th of April, 1862, the government has a right to annul the contract, by virtue of the...   Cases  
George v. Concord 45 N.H. 434, Superior Court of Judicature of New Hampshire (December 01, 1864) 1864 The act of Congress approved February 25, 1862, which provides that United States notes shall be lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest upon bonds and notes, held to be constitutional and valid. Said act applies to debts contracted before, as well...   Cases  
Guyer v. Smith 22 Md. 239, Court of Appeals of Maryland (November 16, 1864) 1864 This was an action of Ejectment brought by the appellants against the appellees on the 1st day of October 1858, for Lot No. 876, containing fifty acres of land. Plea non cul. No questions of location arise in the case. The plaintiff offered in evidence the award of the lot in question, under the Act of 1788, (November session,) to Thomas Adams, and...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Harris v. Moody 3 Tiffany 266, Court of Appeals of New York (March 01, 1864) 1864 Two questions are presented for consideration and determination upon this appeal. 1. Whether jettisoned goods stowed on the deck of a steamer are entitled to the benefit of general average. 2. Whether the particular species of property belonging to the plaintiffs in this action, and retained by the defendants, is liable to contribute for the...   Cases  
Harrison v. State, to Use of Harrison 22 Md. 468, Court of Appeals of Maryland (June 03, 1864) 1864 Few questions are more interesting, or more important to society, than those presented by this appeal,--viz:--the validity of marriages between persons within the prohibited degrees, and the power of the Legislature, by retroactive enactments, to restore an inheritable quality to persons, otherwise incapable of taking. For the first time since its...   Cases  
Harrison's Adm'r v. Harrison's Distributees 39 Ala. 489, Supreme Court of Alabama (June 01, 1864) 1864 [FINAL SETTLEMENT OF ACCOUNTS OF DECEASED ADMINISTRATOR.] 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.
Henderson v. Ryan 27 Tex. 670, Supreme Court of Texas (January 01, 1864) 1864 Under the statute of wills of this state, a will is to be understood to speak from the death of the testator; and whatever estate he then possessed must be held to pass according to its terms. By the statute of wills of this state, a general devise of real and personal estate will embrace all the estate, real and personal, possessed by the testator...   Cases  
Hooks v. Harris 33 Ga.Supp. 81, Supreme Court of Georgia (March 01, 1864) 1864 Under the Act of Congress of the Confederate States, approved May 1st, 1863, entitled An Act to repeal certain clauses of an Act entitled an Act to exempt certain persons from military service, etc., approved 11th October, 1862, the person claiming exemption from military service must be employed and acting as an overseer on a farm or...   Cases  
Humiston v. Stainthorp 69 U.S. 106, Supreme Court of the United States (December 01, 1864) 1864 STAINTHORP and Seguine had filed a bill in the Circuit Court for the Northern District of New York, against Humiston, for infringing a patent for moulding candles; and had obtained a decree against him. The decree was that the complainants were entitled to a permanent injunction, and for an account of gains and profits, and that the cause be...   Cases  
In re Cain 2 Win. 142, Supreme Court of North Carolina (May 22, 1864) 1864 The petitioner alledges he has put in a substitute for the war and is not liable to conscription, but was arrested and detained as a conscript by the enrolling officer, and prays for a special writ to the Sheriff to take his body and have it on the return, and to summon the enrolling officer to show the cause of his arrest and detention, under the...   Cases  
In re Fossat 69 U.S. 649, Supreme Court of the United States (December 01, 1864) 1864 ABOUT fifteen miles south from the southern end of the Bay of San Francisco, and separated from it by irregular mountain slopes, lies a vale, called the Cañada de los Capitancillos, or Valley of the Little Captains. The northern limit of this valley is an elevation called the Pueblo Hills; hills picturesque enough; with nothing else, however,...   Cases  
In re Mrs. Alexander's Cotton 69 U.S. 404, Supreme Court of the United States (December 01, 1864) 1864 In the spring of 1864, a conjoint expedition of forces of the United States, consisting of the Ouachita and other gunboats, with their officers and crews, under Rear Admiral Porter, and a body of troops under Major-General Banks, proceeded up the Red River, a tributary of the Mississippi, and which empties into that river three hundred and...   Cases  
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