AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Thomas V. Holtzman 7 Mackey 62, Supreme Court, District of Columbia, Docket Number 10300 (November 26, 1888) 1. Where slaves with the consent of their masters lived together in the State of Maryland as husband and wife, such a union, according to the custom of that State, was sufficient to establish a marriage between the parties. Consequently, under the act of Congress of February 6, 1879, the issue of such a marriage must be regarded as legitimate in... 1888 Cases Yes  
  State ex Rel. Gibson V. Board of Ed. Of Village of Oxford 1 Ohio C.D. 640, Circuit Court of Ohio (October 01, 1887) An alternative writ of mandamus having heretofore been allowed in this case, on the showing made upon the petition, on the final hearing on the pleadings and evidence, we find the following facts to be clearly shown. First--That the children of the relator, a colored man, are entitled to the benefits of the public schools of the village of Oxford;... 1887 Cases Yes  
  Puitt V. Gaston County Com'rs 94 N.C. 709, Supreme Court of North Carolina (February 01, 1886) While in this action for a perpetual injunction against the collection of a certain tax, levied by the commissioners in further support of free education of children of the white race alone, which, under our former system of judicial administration, would be exclusively cognizable in a court of equity, we would be required to look into the... 1886 Cases Yes  
  Riggsbee V. Town of Durham 94 N.C. 800, Supreme Court of North Carolina (February 01, 1886) We do not lay any stress upon the omission to designate the schools to which the money collected from colored tax-payers as graded, as is done in directing the application of the money derived from white tax-payers, but it is quite manifest that the statute means to furnish the increased educational facilities, resulting from the... 1886 Cases Yes  
  Darby V. Stribling 22 S.C. 243, Supreme Court of South Carolina (January 19, 1885) A guardian holding a note belonging to the estates of his wards given for the purchase money of a negro slave consented in 1872 to take judgment against the makers of the note, then perfectly solvent, for one-third of the amount due, because of an agreement then prevailing among the lawyers at that bar, induced by the rulings of their presiding... 1885 Cases Yes  
  Hatcher V. Hatcher 80 Va. 169, Supreme Court of Appeals of Virginia (January 29, 1885) The question in this case arises upon the construction of the second clause of article 6th of the will of Julius H. Hatcher, deceased, which is in the following words: Also if anything should happen to the negroes named for Laura and Florella before they get fully in possession of them I wish said loss made up to each of them as I wish to... 1885 Cases Yes  
  Jones V. Commonwealth 80 Va. 538, Supreme Court of Appeals of Virginia (June 18, 1885) The case is as follows: In September, 1883, the plaintiffs in error were indicted in the county court of Montgomery county for intermarrying, the one being a negro and the other a white person. The indictment against Isaac Jones is as follows: That Isaac Jones, a negro, did, in the county aforesaid, on theday of February, 1883,... 1885 Cases Yes  
  Maddox V. Neal 45 Ark. 121, Supreme Court of Arkansas (May 01, 1885) The appellants petitioned the circuit court for a writ of mandamus to compel the directors of a common school district to provide a school for the education of their children. There are nine of the petitioners and they sue on behalf of all others in the district in like situation. They represented to the court that they were negroes, residents of... 1885 Cases Yes  
  Boykin V. Boykin 21 S.C. 513, Supreme Court of South Carolina (October 10, 1884) 1. The words of a will were: I direct that all the rest of my real estate shall be kept undivided until the death of my wife, to be worked by the slaves of my estate and those which I shall in this bequeath to my wife, under the control and management of my executors; and from and immediately after her death I devise the said real estate to my... 1884 Cases Yes  
  Fitchett V. Smith's Adm'r 78 Va. 524, Supreme Court of Appeals of Virginia (February 28, 1884) The object of this suit is to ascertain who are the distributees, or heirs at law, of the estate of Ibby Jane Smith, a colored girl, who died in the county of Northampton, at the age of sixteen, unmarried and without issue, in the year 1880; and, further, to obtain distribution of her estate in the hands of her administrator. The controversy is... 1884 Cases Yes  
  Kerngood V. Davis 21 S.C. 183, Supreme Court of South Carolina (April 14, 1884) 1. A testator, C., left property in trust for his daughter for life, with remainder to the heirs of her body, share and share alike. H., a son of this daughter, received from his father and mother, after his marriage, a large estate in lands and negroes (the latter being part of the C. estate), for the value of which he promised to account on the... 1884 Cases Yes  
  Mulling V. State 74 Ga. 10, Supreme Court of Georgia (December 21, 1884) Since the abolition of slavery, it is not necessary for an indictment, charging a white man and colored woman with living in a state of adultery or fornication, to set forth the race of each. (a.) The distinction between offenders of different races, as set forth in sections 4534, 4572 of the Code, is obsolete. December 21, 1884. Criminal Law.... 1884 Cases Yes  
  Myers V. Ham 20 S.C. 522, Supreme Court of South Carolina (March 10, 1884) 1. Slaves married before emancipation according to the custom among plantation negroes, and living together as man and wife in 1865, were declared by the act of that year (13 Stat. 269) to be lawfully married; and their children are legitimate. 2. Where a child of such parents lives with his father, the father is the head of a family within the... 1884 Cases Yes  
  Pierce V. Union District School Trustees 46 N.J.L. 76, Supreme Court of New Jersey (February 01, 1884) The supplement to An act to establish a system of public instruction, approved March 23d, 1881, (Pamph. L., p. 186,) makes it unlawful for school trustees to exclude children from any public school on the ground that they are of the negro race. On rule to show cause why a mandamus should not issue, commanding the respondents, the... 1884 Cases Yes  
  State V. Cook 84 Mo. 40, Supreme Court of Missouri (October 01, 1884) The defendant was indicted and convicted of murder in the first degree for killing a woman named Emma Shore. It was developed in the evidence that the defendant, a negro man, raised in Washington county and reputed to be of a peaceable disposition, although frequently seen under the influence of liquor, had been acquainted for some considerable... 1884 Cases Yes This is no longer good law for at least one of the points of law it contains.
  State V. Wilson 85 Mo. 134, Supreme Court of Missouri (October 01, 1884) The defendant, a negro, was indicted for killing a girl of his own race, by shooting her to death with a pistol. The crime of which defendant stands convicted, if testimony to that effect from all the witnesses except defendant, be taken as true, and the nature, number and direction of the gun-shot wounds be considered, was an atrociously brutal... 1884 Cases Yes  
  Wilson V. Kelly 21 S.C. 535, Supreme Court of South Carolina (October 11, 1884) 1. Where slaves were given to children by their father in his life-time, and he died intestate after emancipation, neither the value of such slaves nor their use can be charged as advancements under the statute of this state. 2. If the slaves were lent to the children, or were hired to the husbands of intestate's daughters, the use of the slaves in... 1884 Cases Yes  
  Ex Parte Glenn 20 S.C. 64, Supreme Court of South Carolina (September 28, 1883) 1. Where a parent died after the abolition of slavery, slaves previously given to a child cannot, under our statute, be charged as an advancement to such child in the settlement of the parent's estate. Hughey v. Eichelberger, 11 S. C. 51, approved. 2. Where an administrator received for the estate $500 in gold, then worth a premium of forty per... 1883 Cases Yes  
  Lyons V. Holmes 19 S.C. 406, Supreme Court of South Carolina (June 27, 1883) 1. A person of African descent, whose freedom is not traced back to a date prior to the act of 1820 (7 Stat. 459), cannot be presumed to have been free before the general emancipation of slaves, although reputed free for more than twenty years. A presumption cannot arise of emancipation by deed, for that act prohibited it; nor by statute, for it... 1883 Cases Yes  
  Mcdowell V. Sapp 39 Ohio St. 558, Supreme Court of Ohio (January 01, 1883) A marriage between slaves, in a slave state, where such marriage had no legal validity, was of imperfect obligation, and, before the emancipation proclamation, was so far avoided by a marriage of the husband to another woman, valid at the place where solemnized, that on the death of the husband and second wife, she who was the first wife has no... 1883 Cases Yes  
  Morris V. Williams 39 Ohio St. 554, Supreme Court of Ohio (January 01, 1883) The issue of a slave marriage, though their parents died before the emancipation proclamation, are, under the statutes of this state, lawful heirs of their father as to lands situated in this state. 1883 Cases Yes  
  People ex Rel. King V. Gallagher 48 Sickels 438, Court of Appeals of New York (October 09, 1883) The common school laws, (Act of 1864, chap. 555, title 10, sec. 1), authorizing the establishment of separate schools in cities and villages for colored children, is not unconstitutional, and when such schools are established and provided with equal facilities for education, such children may be excluded from the schools provided for the whites.... 1883 Cases Yes  
  State V. Jackson 80 Mo. 175, Supreme Court of Missouri (October 01, 1883) At the May term, 1880, of the circuit court of Cape Girardeau county, the defendant, a white woman, was indicted for having intermarried with Dennis Jackson, a person having more than one-eighth part of negro blood. A demurrer was sustained on the ground that the law on which the indictment was based, section 1540, Revised Statutes 1879, is in... 1883 Cases Yes  
  City of Waterloo V. Union Mill Co. 59 Iowa 437, Supreme Court of Iowa (October 04, 1882) Appeal from Black Hawk circuit court. This is an action in equity for the recovery of the amount expended in repairs of a certain bridge, and for a decree determining upon whom rests the obligation to keep the bridge in repair. The defendant Black Hawk county filed a demurrer to the petition, which the court sustained. The defendant the Union Mill... 1882 Cases Yes  
  Gregley V. Jackson 38 Ark. 487, Supreme Court of Arkansas (May 01, 1882) The questions presented by the record regard the legitimacy of persons of the African race, born in slavery, and the laws of descent applicable to them. There were no valid marriages amongst that class, in the slave States of America before their general emancipation near the close of the civil war, nor after that did any of the States take... 1882 Cases Yes  
  Hooberry V. Harding 78 Tenn. 392, Supreme Court of Tennessee (December 01, 1882) The questions involved in this record arise upon a proper construction of the will of Rachael Stump, deceased, which contained the following clause: I hereby give, devise and bequeath to my friends Wm. G. Harding and John Shute, jr., and my brother Philip Shute, and the survivors or survivor of them, and to the heirs of such survivor, his... 1882 Cases Yes This is no longer good law for at least one of the points of law it contains.
  Kaine V. Com. 13 W.N.C. 1, Supreme Court of Pennsylvania (November 23, 1882) 1. Since the Act of June 8th 1881 (P. L. 76), school directors cannot deny a colored child admission, on account of his color, to a common school established by them for the separate instruction of white children, and assign him to a branch of said school established by them, in a neighboring building, for the separate instruction of colored... 1882 Cases Yes  
  Overseers of Poor of Tewksbury Tp. V. Overseers of Poor of Branchburg Tp. 44 N.J.L. 595, Supreme Court of New Jersey (November 01, 1882) The only question raised on the return to this writ is, whether the evidence is sufficient to show the settlement, and sustain the order of removal of the pauper from Branchburg to Tewksbury. The facts proved show that Simon Van Liew, a colored man, aged sixty-seven years, was born at Hackettstown; that when he was about nine years old, Philip... 1882 Cases Yes  
  People ex Rel. King V. Gallagher 11 Abb. N. Cas. 187, City Court, City of New York, New York (January 01, 1882) The question presented on this application for a mandamus is whether the board of education of this city can legally refuse to receive a colored girl of suitable age and condition in a school set apart for white children, on the ground that schools have been provided for colored children exclusively. It appears that the father, a citizen and a... 1882 Cases Yes  
  Smoot V. Kentucky Cent. Ry. Co. 13 F. 337, Circuit Court, D. Kentucky (August 23, 1882) The petition in this case alleges that the plaintiffs are colored people of African descent, residents and citizens of this state and citizens of the United States, and the defendant is a corporation chartered by this state, owning and operating a railroad running from Lexington to Covington; that the plaintiff, Belle M. Smoot, who is the wife of... 1882 Cases Yes  
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