TitleCitationYearSummaryMost RelevantTypeStatus
State v. McNeeley 1 Win. 334, Supreme Court of North Carolina (June 01, 1864) 1864 One who has been lieensed to retail spirits may law fully employ an agent to conduet that business for him, although he leaves the county for an indefinite time, as in this case, in the military service of the Coufederate States for three years or the war. It seems he can not assign his license. The case of the State vs. Garhardt, 3 Jones, 178,...   Cases  
State v. Sterling 20 Md. 502, Court of Appeals of Maryland (January 27, 1864) 1864 The appellant assumes in the petition for the writ of mandamus in this case, that for the purpose of State taxation, a legislative assessment of the aggregate amount of interest bearing deposits in the Savings Bank of Baltimore, on the 1st of July 1862, was made by sec. 95, Art. 81, Code Pub. Gen. Laws, and that the duty of paying the State tax...   Cases  
State v. Stringfellow 2 Kan. 263, Supreme Court of Kansas (January 01, 1864) 1864 The case in which the judgment sought to be reversed was rendered, was an action for the possession of specific real property. The possession of the defendant below was admitted, the title being the only matter in controversy. To maintain the action it was necessary for the plaintiff below to show title in itself. In this class of cases the...   Cases  
Taylor v. Commonwealth 1 Duv. 160, Court of Appeals of Kentucky (June 28, 1864) 1864 This was an indictment against Taylor for suffering and permitting a disorderly house to be kept upon his plantation. The defendant was found guilty of the offense, and, by the verdict and judgment, subjected to a fine of $135. The motion of the defendant for a new trial, and also in arrest of judgment, having been overruled, he has appealed. The...   Cases  
Tevis v. Ellis 25 Cal. 515, Supreme Court of California (July 01, 1864) 1864 The complaint states that on the 20th of August, 1862, the plaintiff was, and is now, the owner in fee simple absolute of certain lots in the City of San Francisco, and that he is in the actual possession of the lots by his tenant. That on the 20th of August, 1862, the plaintiff recovered a judgment for the possession of the lots in an action...   Cases  
The Ella & Anna 2 Spr. 267, District Court, D Massachusetts (April 01, 1864) 1864 In admiralty.   Cases  
Tisdale v. Mitchell 12 Rich.Eq. 263, Court of Appeals of South Carolina (May 01, 1864) 1864 Testator, by one clause of his will, gave his plantation and some personalty to his wife during life or widowhood. He next declared that certain property which he had given by deed to his daughter S. and her children she should have in lieu of any further share or part of his estate. To his six other children, by name, he then gave...   Cases  
U.S. v. Hughes 1 Bond 574, District Court, SD Ohio (October 01, 1864) 1864 This was an indictment against Edward L. Hughes upon the charge of treason. On the part of the United States a general demurrer to the defendant's plea of pardon was interposed, upon which the case now comes before the court.   Cases  
U.S. v. Newcomer 27 F.Cas. 128, District Court, ND Ohio (October 01, 1864) 1864 The defendant, upon application of the marshal of Indiana, alleging that Newcomer was indicted in that district, had been arrested upon a warrant issued by the district judge, the Honorable H. V. WILLSON, and now R. E. Paine, Esq., district attorney, moved the judge to issue a warrant removing the defendant to Indiana for trial, and to sustain said...   Cases  
Welton v. Pacific R. Co. 34 Mo. 358, Supreme Court of Missouri (January 01, 1864) 1864 There is nothing in the record showing that the Circuit Court unsoundly exercised its discretion in permitting the sheriff to amend his return to the summons; nor did it err in refusing to set aside the interlocutory judgment: there was not the semblance of an excuse shown by the plaintiff in error for its failure to appear and answer within the...   Cases  
Whitaker v. Sandifer 1 Duv. 261, Court of Appeals of Kentucky (December 17, 1864) 1864 1. A reply to a set-off, denying the correctness of each and every item of debit in an account, is insufficient. 2. In an action on a contract by which the plaintiff agreed to serve the defendant as overseer for a year at a fixed price, the readiness of the plaintiff to perform, and his prevention by the defendant, entitle the former only to the...   Cases  
Whitworth's Distributees v. Oliver 39 Ala. 286, Supreme Court of Alabama (January 01, 1864) 1864 [BILL IN EQUITY BY DISTRIBUTEES TO COMPEL SETTLEMENT OF ADMINISTRATOR'S ACCOUNTS.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK.   Cases  
Wilson v. Stafford Win.Eq. 103, Supreme Court of North Carolina (December 01, 1864) 1864 The main, if not the only difficulty in the will which is now presented to us for construction, has arisen from the dissent of the widow from it. The whole scope of the will prior to the tenth item, in providing for the testator's family, is manifestly framed upon the supposition of the continued existence of his wife, as a widow. He foresaw that...   Cases  
Withers v. Patterson 27 Tex. 491, Supreme Court of Texas (January 01, 1864) 1864 The jurisdiction of a court means the power or authority conferred upon it by the constitution and laws to hear and determine causes between parties, and to carry its judgments into effect. The powers of the county courts, with regard to estates of decedents, are all conferred by statute. Whatever the statute authorizes these courts to do, they may...   Cases  
Wood v. Bradshaw 2 Win. 22, Supreme Court of North Carolina (December 01, 1864) 1864 Held by a majority of the Court, that a bonded exempt is in the service of the Confederate States, by force of a constitutional act of Congress, 17th Feb., 1864, 10th sec., 4th clause, 1st, 2nd and 3rd paragraphs. And, therefore, he is not liable to service in the Home Guard. This was a writ of certiorari, at the suit of Thomas S. Wood, to review...   Cases  
ALEXANDER MURRAY, ESQ. V. SCHOONER CHARMING BETSY. Federal Banking Law Reporter 307001 (NoDate)   ALEXANDER MURRAY, Esq. v. SCHOONER CHARMING BETSY. MURRAY v. SCHOONER CHARMING BETSY, 6 U.S. 64 (1804) FEBRUARY TERM, 1804. The cause was argued at last term, by Martin, Key, and Mason for the claimant. No counsel was present for the libellant. For the claimant it was contended, that the sale of the schooner to Shattuck was bona fide, and that he...   Law Review Articles and Other Secondary Sources  
Baker v. Lafitte 4 Rich.Eq. 392, Court of Appeals of Equity of South Carolina (NoDate)   Where a party is not ready to go on with a reference, a motion to continue should be made before the commissioner, and it is irregular to pass him by and make the motion before the Court. A guardian by failing to make returns does not forfeit his commissions. Though there are cases in which trustees have been charged with compound interest, yet the...   Cases  
Botts v. Nichols 7 La.Ann. 263, Supreme Court of Louisiana (NoDate)   Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Consolidated Ass'n of Planters v. Claiborne 7 La.Ann. 318, Supreme Court of Louisiana (NoDate)   Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Hay v. Hay 4 Rich.Eq. 378, Court of Appeals of Equity of South Carolina (NoDate)   Testator devised and bequeathed his estate, real and personal, to his daughter S. B., and the heirs of her body, provided if my said daughter should happen to die without living issue of her body, then, and in that case, all my said estate, both personal and real, to return to the nearest heirs of my body by my mother's lineage: Held that, in the...   Cases  
Maclin v. Wilson 21 Ala. 670, Supreme Court of Alabama (NoDate)   ERROR to the Circuit Court of Talladega. Tried before the Hon. EZEKIEL PICKENS.   Cases  
MARBURY V. BROOKS. Federal Banking Law Reporter 306994 (NoDate)   MARBURY v. BROOKS. MARBURY v. BROOKS, 20 U.S. 556 (1822) FEBRUARY TERM, 1822. This cause was argued by the AttorneyGeneral, and Mr. Key, for the plaintiff in error, and by Mr. Jones, for the defendant in error. Mr. Chief Justice MARSHALL delivered the opinion of the Court. This is a writ of error to a judgment rendered in the Circuit Court of the...   Law Review Articles and Other Secondary Sources  
Roberts v. Welch 8 Ired.Eq. 287, Supreme Court of North Carolina (NoDate)   Even before our act of 1826, a presumption of satisfaction of a mortgage would arise after the lapse of twenty years, there having been no demand of payment of either principal or interest, and the mortgagor remaining in possession. And, after such delay unaccounted for, a bill for foreclosure would not lie. Since the act of 1826, Rev. Stat. ch....   Cases  
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