TitleCitationYearSummaryMost RelevantTypeStatus
In re Strawbridge 39 Ala. 367, Supreme Court of Alabama (June 01, 1864) 1864 [PETITION FOR HABEAS CORPUS.]   Cases  
Johnson v. Murchison 1 Win. 292, Supreme Court of North Carolina (June 01, 1864) 1864 The exceptions to the trial below, which appear upon the record, may be disposed of in the order in which they stand. During the examination of Samuel E. Johnson, as a witness on behalf of plaintiffs, he was asked whether certain releases which he had given to qualify himself, were not, in truth, without any consideration. This was objected to by...   Cases  
Lafferty's Ex'r v. Murray 27 Tex. 372, Supreme Court of Texas (January 01, 1864) 1864 See this case for a review of authorities upon the construction of the last clause of the second section of the statute of frauds (O. & W. Dig., art. 937), with reference to the question whether that clause is applicable to reservations, limitations, etc., of a use or property in goods, chattels, etc., created by deed or will executed and recorded...   Cases  
Lamar v. Gunter 39 Ala. 324, Supreme Court of Alabama (June 01, 1864) 1864 [REAL ACTION IN NATURE OF EJECTMENT.] APPEAL from the Circuit Court of Marshall. Tried before the HON. WM. M. BROOKS.   Cases  
Lane v. Lane Win.Eq. 84, Supreme Court of North Carolina (December 01, 1864) 1864 A bequest to grandchildren, or children and grandchildren, eo nomine with a direction for equal division among them, is a gift to them per capita. The cases of Hill vs. Spruill, 4 Ire., Eq. 244, and Harris vs. Philpot, 5 Ire., Eq. 324, cited and approved, and the case of Spivey vs. Spivey, 2 Ire., Eq. 100, cited and distinguished. This cause was...   Cases  
Lashbrook v. Patten 1 Duv. 316, Court of Appeals of Kentucky (February 10, 1864) 1864 1. A father is liable for injuries resulting to another from the negligence of his minor son in driving the horses and carriage of the father, with his approbation. 2. In such case the son must be regarded as in the employment of the father, and, for the purposes of the suit, as the father's servant. APPEAL FROM THE MASON CIRCUIT COURT. Appellant's...   Cases  
Lewey v. Lewey 34 Mo. 367, Supreme Court of Missouri (January 01, 1864) 1864 Adam Lewey, by his last will, gave and bequeathed all his estate, both real and personal, remaining after the payment of his debts, to his wife Marian Lewey (the defendant herein), to have and hold during her natural life or widowhood, and at her death or marriage to be disposed of as follows: that is to say (among other bequests), he bequeathed to...   Cases  
Lloyd v. Durham 1 Win. 288, Supreme Court of North Carolina (June 01, 1864) 1864 The plaintiff had a right to exchange the grey mare, and the effect of the exchange was to vest him the title to the sorrel mare; so she was his property; but the question is was she protected from execution. The plaintiff insists that as the grey mare was exempted the privilege passed to the sorrel mare by the legal effect of the exchange; but the...   Cases  
Lyle v. Rollins 25 Cal. 437, Supreme Court of California (July 01, 1864) 1864 This action was instituted under the two hundred and fifty-fourth section of the Practice Act. The plaintiff alleges that he is in possession of certain lands described, claiming title in fee, and that the defendants set up some claim of title adverse to the plaintiff. He asks a judgment that defendants have no title, and that they be barred from...   Cases  
Maiders v. Culver's Assignee 1 Duv. 164, Court of Appeals of Kentucky (July 02, 1864) 1864 1. Where a debtor makes a fraudulent transfer of property, the right which any creditor has to set aside the fraudulent transfer is not taken away by a subsequent assignment by the debtor of all his property for the benefit of all his creditors. (10 Paige, 219; 6 Barb. Sup. Court Rep., 91.) 2. The right to set aside such fraudulent transfer does...   Cases  
Maupin's Ex'r v. Wools 1 Duv. 223, Court of Appeals of Kentucky (October 06, 1864) 1864 See the opinion for the facts showing that the testatrix was competent to make a valid will, and that the disposition made by her of her estate was not the result of undue influence; also, that the will was legally published. APPEAL FROM BATH CIRCUIT COURT. On an appeal to the circuit court from a probate in the county court of a paper purporting...   Cases  
McDougald v. Dougherty 39 Ala. 409, Supreme Court of Alabama (June 01, 1864) 1864 [CREDITORS' BILL--BILL OF REVIEW.] APPEAL from the Chancery Court of Russell. Heard before the Hon. JAMES B. CLARK.   Cases  
McLaren v. McLaren 33 Ga.Supp. 99, Supreme Court of Georgia (March 01, 1864) 1864 Where, pending a libel for divorce, the parties, by deed of settlement between themselves and a trustee, have agreed upon a specific sum to be paid to the wife, annually, by the husband for her support and maintenance and by the deed other property, such as a house and lot and servants, is secured to the wife for the same purpose, the parties...   Cases  
McQueen v. Fulgham 27 Tex. 463, Supreme Court of Texas (January 01, 1864) 1864 The common law liability of a husband for the torts of his wife is not, it seems, abrogated in this state by our statutes regulating marital rights. An action, therefore, lies against both husband and wife for slanderous words uttered by the wife alone. Quære. Whether, in such an action, the separate estate of the wife or the community...   Cases  
Mourning v. Hodges 33 Ga.Supp. 104, Supreme Court of Georgia (March 01, 1864) 1864 Where bail has been taken in an action of trover, and a verdict rendered for the plaintiff, it is regular and legal for such plaintiff to enter and sign judgment against the defendant and his security jointly, without scire facias or other proceeding. Motion to set aside judgment in Sumter Superior Court, decided by Judge ALEXANDER A. ALLEN, at...   Cases  
Murchison v. McNeill 1 Win. 220, Supreme Court of North Carolina (June 01, 1864) 1864 Clause 19, section 86, schedule B, of the act of the General Assembly of 1862'3, imposing a tax of all the nett profits above 75 per cent on the cost of production on every person or corporation monufacturing cotton or woolen cloth, &c., is constitutional. This was an action of assumpsit for money had and received, tried before Osborne, Judge at...   Cases  
NATHANIEL LEWIS & others v. ALBERT W. HOLBROOK. 9 Allen 347, Supreme Judicial Court of Massachusetts (November 01, 1864) 1864 We cannot see upon what grounds the count in tort in the declaration can be supported. There has been no condemnation of the plaintiffs' vessel, and no judicial determination of her liability to seizure. The payment made to procure her release, if made without the authority of the defendant, was made under a denial of any responsibility incurred by...   Cases  
Nave's Adm'r v. Williams 22 Ind. 368, Supreme Court of Indiana (May 01, 1864) 1864 This was a suit against the appellees for breaking and entering the close of one Nave, now deceased, and carrying away certain property, to-wit: cow, &c. Answers in denial. There are three points made: 1. On the ruling suppressing parts of depositions. 2. For refusing to suppress other depositions. 3. In refusing instruction asked by plaintiff. The...   Cases  
Newman v. Samuels 17 Iowa 528, Supreme Court of Iowa (December 13, 1864) 1864 Appeal from Dubuque District Court. THIS case is equitable in its character, and has its foundation in the following facts: In June, 1852, J. J. Dyer, then in life, and a resident of Iowa, borrowed of the complainant, who, at that time, was, and still is a resident of Virginia, $8,100; gave his note therefor, running three years, with ten per cent...   Cases  
Nutwell v. Tongue's Lessee 22 Md. 419, Court of Appeals of Maryland (November 25, 1864) 1864 This cause was before this Court on two former occasions, each time on the appeal of the lessor of the plaintiff, and will be found reported in 13 Md. Rep., 416, and 17 Md. Rep., 212. When the case was remanded to the Circuit Court, after the last appeal, the defendant took defence on warrant, a warrant of resurvey was issued, and locations made by...   Cases  
Oelrichs v. Ford 21 Md. 489, Court of Appeals of Maryland (June 01, 1864) 1864 This action was brought by the appellee to recover damages, for an alleged violation by the appellants of their contract to purchase two thousand barrels of flour. The contract is in writing made by the appellants with one John W. Bell. The appellee claims the right to sue, on the ground that he was principal, and that Bell, in making the contract,...   Cases  
Overseers of Poor of Nippenose Tp. v. Overseers of Poor of Borough of Jersey Shore 48 Pa. 402, Supreme Court of Pennsylvania (January 01, 1864) 1864 This was an action of assumpsit, by the overseers of Nippenose, to recover against the overseers of Jersey Shore a sum of money expended by the plaintiffs in keeping Hester Clark, a coloured pauper, and for medical attendance, funeral expenses, &c. As the suit was founded on no express promise, it is necessary to consider whether the law would...   Cases  
Palmer v. Matthews 33 Ga.Supp. 72, Supreme Court of Georgia (March 01, 1864) 1864 This was a bill, called by Mr. Story a bill for conformity, filed by Charles Matthews, executor of the will of James Matthews, deceased, asking the Court for instruction and direction in its execution. The doubt of the executor arises upon the construction to be given to the fifth, sixth and seventh items of the will. The fifth gives and bequeaths...   Cases  
Patrick v. Roach 27 Tex. 579, Supreme Court of Texas (January 01, 1864) 1864 The purchaser of a tract of land at an administration sale went into possession; the sale was subsequently set aside; the land was again sold by order of the court; a third party purchased; but the first purchaser continued in possession the remainder of the year after the second sale, which was in the month of July; the administrator of the...   Cases  
Patton v. Patton Win.Eq. 20, Supreme Court of North Carolina (June 01, 1864) 1864 Where real estate of inheritance is purchased by a partnership, for partnership purposes, and is so used, on the death of one of the partners, his widow is entitled to dower. A testator devised land and bequeathed personal estate to sundry persons. By a residuary clause he gives all the rest of his estate real and personal to his executors, in...   Cases  
PAY OF COLORED SOLDIERS. 11 U.S. Op. Atty. Gen. 53 (July 14, 1864) 1864     Administrative Decisions & Guidance  
Peeler v. Guilkey 27 Tex. 355, Supreme Court of Texas (January 01, 1864) 1864 To constitute a valid parol gift, possession of the property must unquestionably accompany the gift. If we take the most favorable view for the appellant, it will be admitted that the testimony on this branch of the case was conflicting. It was fairly submitted to the jury by the charge of the court, and their verdict must, therefore, be regarded...   Cases  
People ex rel. Thacher v. New York Commercial Ass'n 18 Abb.Pr. 271, Supreme Court, New York County, New York (June 01, 1864) 1864 The power of a private corporation to expel or disfranchise a member for good and sufficient cause, is necessarily incident to the constitution of all bodies of this character. (2 Kent's Com., 297; Fawcett a. Charles, 13 Wend., 473.) In the case of People a. Medical Society of the County of Erie (24 Barb., 571), which is one of the latest reported...   Cases  
People ex rel. Thacher v. New York Commercial Ass'n 18 Abb.Pr. 271 (June 01, 1864) 1864 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  
Proctor v. Duncan 1 Duv. 318, Court of Appeals of Kentucky (February 11, 1864) 1864 The only question in this case involves the interpretation of the will of Edmund Duncan, first published in the year 1854, and modified by a codicil in 1857. The testator had been twice married, and left children by each wife, the second of whom, together with the children, survived him. Contemplating their continued co-residence as one family,...   Cases  
Pulpress v. African Methodist Episcopal Church 48 Pa. 204, Supreme Court of Pennsylvania (January 01, 1864) 1864 The complainants are coloured people residents of the cities of Pittsburgh and Allegheny, and they have filed this bill in their own right, and as ministers or trustees of three congregations of coloured people worshipping in those two cities. The defendants are the corporation minister and trustees of another church of coloured persons in the city...   Cases  
Raines v. Calloway 27 Tex. 678, Supreme Court of Texas (January 01, 1864) 1864 It is plain, from the evidence, that in the deed from Raines to Calloway there was a misdescription of a portion of the land which Raines intended to convey. The evidence shows that, previous to the execution of the deed, Raines had pointed out the land to Calloway. The land about which the parties contracted was situated in a body, in Union...   Cases  
Reeves v. Craig 1 Win. 209, Supreme Court of North Carolina (June 01, 1864) 1864 A devise of a tract of land to the son of the testator if he be living and returns to the county of Orange, is a gift of the land on condition that the son returns to Orange as his domicil, especially when other provisions of the will seem to show the testator's expectation and desire that the son should reside there after testator's...   Cases  
Riley v. Buchanan 2 Win. 89, Supreme Court of North Carolina (December 01, 1864) 1864 Upon the case agreed, this Court is of opinion with the plaintiff. The controversy arises upon the construction of the following paragraph in the will of Henry Buchanan: 5th item. I give and devise to Alexander Riley one tract of land on which I now live, known as the Dickson tract of land, for him and his mother and the rest of the children to...   Cases  
Runnels v. Runnels 27 Tex. 515, Supreme Court of Texas (January 01, 1864) 1864 The case of Green v. Crow (17 Tex., 180) cited, and the rulings in reference to the rights of the widow and children to all such property as may be exempted from execution or forced sale by the constitution and laws of the state, or to the substituted allowance therefor, approved. NOTE.--Reeves v. Petty, 44 Tex., 249; Carter v. Randolph, 47 Tex.,...   Cases  
Russ v. Mitchell 11 Fla. 80, Supreme Court of Florida (January 01, 1864) 1864 1. The rule that on demurrer the Court will consider the whole record, and if the pleading be bad, judgment shall be had against him who made the first default, &c., is abrogated by the 14th section of a statute of this State, entitled an act to amend the pleading and practice in the courts of this State, passed the 8th February,...   Cases  
Ruth v. State 20 Md. 436, Court of Appeals of Maryland (January 08, 1864) 1864 This action was instituted by the appellees against the appellant, for the recovery of certain penalties under the Act of 1722, ch. 8, entitled, An Act for preventing the destroying of boundaries, or bounded trees, and the bounding of trees, or setting up of boundaries, without lawful authority. At the trial of the cause below, after...   Cases  
Scott v. Moore Win.Eq. 98, Supreme Court of North Carolina (December 01, 1864) 1864 The word children in the grant of a remainder, after the death of A., to her children living at her death, embraces grandchildren, if other parts of the conveyance show that it was the intention of the grantor to provide for grandchildren. An additional reason for this construction is furnished by the fact of such a provision being...   Cases  
Smith v. Boquet 27 Tex. 507, Supreme Court of Texas (January 01, 1864) 1864 The presumption in favor of the community resulting from a deed made to either the husband or the wife may, as between themselves and those claiming under them with notice, be rebutted by proof that the purchase was made with the separate funds of either party. NOTE.--Cooke v. Bremond, ante, 457. A husband may make a gift or grant of the community,...   Cases  
Smith v. Bryan 34 Ga. 53, Supreme Court of Georgia (November 01, 1864) 1864 [1.] A bill in equity to set aside a sale of land, and cancel the deed on the ground of fraud, is not a case respecting title to land by intendment of the 5th clause, 2d section, 4th article of the Constitution of Georgia, and the Superior Court of the county in which the land lies has no jurisdiction in such case, if the defendant...   Cases  
Smith v. Crandall 20 Md. 482, Court of Appeals of Maryland (January 14, 1864) 1864 The object of the bill filed in this case by the appellant, is to enforce the specific performance of a parol contract alleged to have been made with Richard Crandall some time in October 1846. The parol contract is set out in complainant's bill. In addition thereto he alleges, that immediately after the contract, he took possession of the real...   Cases  
Smith v. Gowdy 8 Allen 566, Supreme Judicial Court of Massachusetts (September 01, 1864) 1864 These exceptions cannot be sustained. The evidence introduced by the plaintiffs, at the trial, failed to prove that the defendants made the contract with them for the breach of which their action was brought. That evidence consisted of three letters. The first was from the plaintiffs to the defendants, merely inquiring what were the quantity and...   Cases  
Smith v. Smith Win.Eq. 30, Supreme Court of North Carolina (June 01, 1864) 1864 The right of the plaintiff to a decree that the heirs at law of Thaddeus W. Whitley shall execute to the heir at law of her deceased husband Bryan Smith, a conveyance for the tract of land mentioned in the pleadings, for the purchase of which there had been a contract in the lifetime of the parties, and that she may have dower therein, is...   Cases  
Starling's Ex'r v. Price 16 Ohio St. 29, Supreme Court of Ohio (December 01, 1864) 1864 Where a testator, in his will, employs terms which, standing alone, may seem simply to designate a class of persons as his legatees, but which, from a fair construction of the whole will, viewed in the light cast upon it by the circumstances surrounding the testator, it is apparent were used as substitutes for the names of the legatees, and to...   Cases  
State ex rel. The Police Com'rs of the City of St. Louis v. The St. Louis County Court 34 Mo. 546, Supreme Court of Missouri (March 01, 1864) 1864 The General Assembly, by an act approved March 27th, 1861, established within and for the city of St. Louis, a board of police, to be called the Police Commissioners of the city of St. Louis. This board was charged with the duties within the city of St. Louis, to preserve the public peace, prevent crime and arrest offenders; protect the rights of...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Black 1 Win. 266, Supreme Court of North Carolina (June 01, 1864) 1864 A husband cannot be convicted of a battery on his wife unless he inflicts a permanent injury or uses such excessive violence or cruelty as indicates malignity or vindictiveness; and it makes no difference that the husband and wife are living separate by agreement. The cases of the State vs. Pendergrass, 2 Dev. and Bat., 365, and Joyner vs. Joyner,...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Dick 2 Win. 45, Supreme Court of North Carolina (December 01, 1864) 1864 remark made by a Judge, on the trial of an issue by a jury, from which the jury may infer what his opinion is, as to the sufficiency or sufficiency of the evidence, or any part of it pertinent to the issue, is error--and the error is not corrected by his telling the jury that it is their exclusive province to determine on the sufficiency or...   Cases  
State v. Ellick 2 Win. 56, Supreme Court of North Carolina (December 01, 1864) 1864 We concur with Mr. Eaton in the position, that from the manner in which the case was put to the jury, the motion for a venire de novo is to be considered on the testimony of the witnesses for the prisoner only; and that the testimony of his principal witness, Harriet, is to be taken in the view most favorable to him. This follows from the fact,...   Cases  
State v. Lewis 1 Win. 307, Supreme Court of North Carolina (June 01, 1864) 1864 An admission by a defendant, indicted under the act of 1863, for aiding, assisting, harboring and maintaining a deserter--that the person so aided, &c., belonged to Capt. Galloway's company in the army--that he had been at defendant's house two or three weeks, and defendant believed he was absent from the army without leave, in...   Cases  
State v. McDaniel 1 Win. 249, Supreme Court of North Carolina (June 01, 1864) 1864 There appears upon the record but one exception to the rulings of the Judge below. After instructions upon the law of the case not complained of, the Court was asked to inform the jury that, although they were satisfied from the evidence the prisoner broke and entered into the dwelling house in the night time with the intent to commit a rape on...   Cases  
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