Author | Title | Citation | Summary | Year | Type | Key Terms in Title or Summary | Case Status |
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State ex Rel. Oliver V. Grubb |
85 Ind. 213, Supreme Court of Indiana, Docket Number 9756 (November 01, 1882) |
This was a proceeding by mandate, on the part of appellants against appellee, to compel appellee to list the colored children in his township, of the proper ages, to attend free schools, in a separate list from that of the white children, and to organize separate schools for the education of the colored children. An alternative writ was issued... |
1882 |
Cases |
Yes |
|
|
State V. Whitford |
86 N.C. 636, Supreme Court of North Carolina (February 01, 1882) |
The correctness of the charge to the jury depends upon the question whether the marriage celebrated between the defendant and Dinah Hancock, while they were both slaves, was a valid marriage. The indictment is preferred under the 5th section of the act of 1866, ch. 40, which reads: That in all cases where man and woman, both or one of whom... |
1882 |
Cases |
Yes |
|
|
Underwood V. Underwood |
3 Ky.L.Rptr. 687, Court of Appeals of Kentucky (March 09, 1882) |
Alvin Underwood, a slave, fled to Canada in 1857. He remained there until 1875 or 1876, when he returned to Kentucky as the only son and heir-at-law of Matthew Underwood, and claimed the estate of the latter. The appellants, who are the only sons of Charles, a brother of Matthew, dispute his identity, and assert that they are his heirs. Upon first... |
1882 |
Cases |
Yes |
|
|
Board of Education of City of Ottawa V. Tinnon |
26 Kan. 1, Supreme Court of Kansas (July 01, 1881) |
This is an action of mandamus, brought by Leslie Tinnon, a colored boy of school age, by his next friend, Elijah Tinnon, to compel the board of education of the city of Ottawa, and William Wheeler, the principal of the public schools of said city, to admit the plaintiff to attend one of such public schools. A trial was had in the court below by the... |
1881 |
Cases |
Yes |
|
|
Brown V. Mundy's Adm'x |
3 Ky.L.Rptr. 330, Court of Appeals of Kentucky (October 15, 1881) |
James Mundy, a man of color, died without children, leaving a widow, one sister, and children of a brother and a half-brother. The half-brother, Richard Brown, Sr., died before the act of Feb. 14, 1866 (Acts 1866, p. 37, Ch. 556), relative to the marriage and legitimacy of negroes, leaving the appellants, a son and daughter, the issue of a... |
1881 |
Cases |
Yes |
|
|
Haggard V. Commonwealth |
2 Ky.L.Rptr. 356, Court of Appeals of Kentucky (April 09, 1881) |
1. Jury commissioners are not bound to select negro jurors. All that the accused can claim is, that no citizen otherwise competent shall be excluded by law on account of race or color. 2. The proper way in which to take advantage of an irregularity in the summoning or formation of a grand jury is by motion to set aside the indictment, and if no... |
1881 |
Cases |
Yes |
|
|
Hicks V. Commonwealth |
3 Ky.L.Rptr. 87, Court of Appeals of Kentucky (June 25, 1881) |
Appellant, a negro, was indicted for and convicted of killing a white man, and sentenced to death. On this appeal it is complained, first, that the court erred in refusing a change of venue, and second, that the court erred in refusing to quash the indictment and to sustain a challenge to the panel because there was no negro nor colored person on... |
1881 |
Cases |
Yes |
|
|
Pace V. State |
69 Ala. 231, Supreme Court of Alabama (December 01, 1881) |
Indictment against White Person and Negro for Living in Adultery. APPEAL from Clarke Circuit Court. Tried before Hon. WM. E. CLARKE. |
1881 |
Cases |
Yes |
|
|
Roberts V. Johns |
16 S.C. 171, Supreme Court of South Carolina, Docket Number 1106 (November 11, 1881) |
1. An administrator indebted to the estate to the amount of $1,365, by a past-due sale note, for negroes purchased, obtained order from the Probate judge in November, 1869, to sell, for cash, all the choses in action of the estate, and, after posting at public places a notice of such sale, sold over seven thousand dollars of assets for less than... |
1881 |
Cases |
Yes |
|
|
Simmons V. Hessey |
2 Ky.L.Rptr. 224, Court of Appeals of Kentucky (February 10, 1881) |
Edward Hessey by his will directed his executors, as soon after the death of his wife as convenient, to set apart $800 for the benefit of Minta Simmons, a former slave of the testator, and to pay to her the proceeds therefrom semi-annually during her life, if she should do as she had agreed to do and remain with him and his wife, and discharge her... |
1881 |
Cases |
Yes |
|
|
Brown V. Lambert's Adm'r |
33 Gratt. 256, Supreme Court of Appeals of Virginia (April 29, 1880) |
Upton Edmondson, by deed of date January 15, 1828, and recorded the same day, in consideration, as therein expressed, of the love and affection which he entertained for his wife and child and in order to secure a support for them, conveyed all of his property, real and personal, among the latter a number of slaves, to William Bagley, in trust as... |
1880 |
Cases |
Yes |
|
|
Commonwealth V. Wright |
1 Ky.L.Rptr. 258, Court of Appeals of Kentucky (September 08, 1880) |
1. A white person indicted by a grand jury composed wholly of persons of the white race, cannot complain because negroes were excluded by statute from the jury. 2. Only those who are prejudiced by an unconstitutional law can complain of it. APPEAL FROM MARION CIRCUIT COURT. 1. There may be, and is, a reason for complaint upon the part of a negro... |
1880 |
Cases |
Yes |
|
|
Heyer V. Beatty |
83 N.C. 285, Supreme Court of North Carolina (June 01, 1880) |
This action is to recover a house and lot claimed by the plaintiff under a sale and conveyance by the administrators with the will annexed of W. C. Bettencourt, in July, 1863. The defendant sets up as a defence that he bought and paid for the house and lot in 1845, and that being a slave, the deed was executed by Campbell, his vendor, by one Lord,... |
1880 |
Cases |
Yes |
|
|
In re Tiburcio Parrott |
1 Ky.L.Rptr. 136, Circuit Court, D. California (March 01, 1880) |
SECTIONS 1977 AND 1978 OF THE REVISED STATUTES OF THE UNITED STATES were passed in pursuance of said fourteenth amendment, and to give it effect; and said constitutional and statutory provisions of the state of California are in conflict with said provisions of the Revised Statutes. DISCRIMINATING LEGISLATION by a state against any class of... |
1880 |
Cases |
Yes |
This has some negative history but hasn’t been reversed
or overruled. |
|
Lishey V. Lishey |
74 Tenn. 418, Supreme Court of Tennessee (December 01, 1880) |
The first aspect of this cause to be disposed of is the prayer for divorce. This prayer is predicated upon the alleged adultery of the defendant. The allegation, however, is not distinctly and directly made, but it is only that complainant has been compelled to believe that improper relations existed between the defendant and a colored woman... |
1880 |
Cases |
Yes |
|
|
Mcneely V. Mcneely |
82 N.C. 183, Supreme Court of North Carolina (January 01, 1880) |
The plaintiffs allege that they and the defendant, the only child and heir of his deceased father, Billy McNeely, are tenants in common of the land described in their complaint which formerly belonged to David McNeely who devised it to his wife for life, and that the reversion descended to the plaintiffs and the intestate, his heirs-at-law. The... |
1880 |
Cases |
Yes |
|
|
Miller V. Feezor |
82 N.C. 192, Supreme Court of North Carolina (January 01, 1880) |
A petition was filed in the court of pleas and quarter sessions for the county of Davidson in 18., by Miller and others against Feezor and others, as tenants in common for the sale of a number of negro slaves for the purpose of division. At May term, 1863, of said court the order was made for the sale as prayed for, and C. T. Lowe was appointed the... |
1880 |
Cases |
Yes |
|
|
Turner V. Turner |
57 Miss. 775, Supreme Court of Mississippi (April 01, 1880) |
1. WILL. Charge of legacies on land. Blending of property. Under a will giving the testator's real estate, slaves and personal property to a person who is named as executor, on condition that, at the expiration of five years, he will pay, or cause to be paid, certain sums of money, the legacies are a charge on all the property alike. 2. SAME. Land... |
1880 |
Cases |
Yes |
|
|
Adger & Co. V. Pringle |
11 S.C. 527, Supreme Court of South Carolina, Docket Number 718 (April 18, 1879) |
1. Making creditors of an ancestor parties defendant to an action brought by mortgagees of the heirs-at-law to subject the descended and subsequently-mortgaged real estate to sale, and to procure distribution of the proceeds, is a question of pleading and practice, and not of jurisdiction, and consent of parties is a waiver of objection. 2. The... |
1879 |
Cases |
Yes |
|
|
Bounty of Colored Soldiers. |
16 U.S. Op. Atty. Gen. 630, U.S.A.G (May 09, 1879) |
|
1879 |
Administrative Decisions & Guidance |
Yes |
|
|
Craig V. Beatty |
11 S.C. 375, Supreme Court of South Carolina, Docket Number 701 (April 02, 1879) |
1. Testatrix died in 1860, and directed her executors to place a sum of money in the hands of W. W. and W. H. M., who are earnestly requested and directed to place said sum of money at interest, and to expend said interest as it annually accrues, in providing clothing and other articles for the comfort of certain negro slaves; and if... |
1879 |
Cases |
Yes |
|
|
Ex Parte Francois |
3 Woods 367, Circuit Court, W.D. Texas (August 01, 1879) |
The relator [Emile Francois], who was alleged to be of the white race, and a citizen of Texas, was indicted in the district court of Travis county, Texas, for having unlawfully intermarried with a colored female who was of the African race. He was tried, convicted and sentenced to the penitentiary for five years. The act under which the indictment... |
1879 |
Cases |
Yes |
|
|
Ex Parte Kinney |
3 Hughes 9, Circuit Court, E.D. Virginia (May 14, 1879) |
On petition praying that the writ of habeas corpus be addressed to Samuel A. Swann, superintendent of the penitentiary of Virginia, in whose custody the petitioner [Edmund Kinney] is detained. Kinney's petition alleges that for five years he has been a resident of the county of Hanover in this state; that he is of the negro race; that he is... |
1879 |
Cases |
Yes |
|
|
Francis V. Francis |
31 Gratt. 283, Supreme Court of Appeals of Virginia (January 09, 1879) |
1. The act of February 27th, 1866, to legalize the marriage of colored persons living together as husband and wife at the time the act was passed, includes and applies to colored persons so living together though they were born free. 2. It is not necessary that there shall be evidence of an actual agreement to take each other as husband and wife,... |
1879 |
Cases |
Yes |
|
|
Munroe V. Phillips |
64 Ga. 32, Supreme Court of Georgia (September 01, 1879) |
WARNER, Chief Justice, being engaged in presiding over the senate organized as a court of impeachment, did not sit in this case.] 1. In 1868, no ordinary had power to dismiss from his trust a guardian of free persons of color, appointed as such prior to the abolition of slavery, and appoint a successor in such guardianship. An order of dismission... |
1879 |
Cases |
Yes |
|
|
Strauder V. State of West Virginia |
100 U.S. 303, Supreme Court of the United States (October 01, 1879) |
ERROR to the Supreme Court of Appeals of the State of West Virginia. The facts are stated in the opinion of the court. @1. The Fourteenth Amendment of the Constitution of the United States considered, and held to be one of a series of constitutional provisions having a common purpose; namely, to secure to a recently emancipated race, which had been... |
1879 |
Cases |
Yes |
This is no longer good law for at least one of the points of law it contains. |
|
Wells V. State |
71 Tenn. 70, Supreme Court of Tennessee (September 01, 1879) |
The parties were indicted and convicted in the Circuit Court for playing cards with a free negro, under Section 4888 of the Code. That section makes it a misdemeanor for a white person to play at cards with any slave or free negro, and imposes a fine of not less than twenty-five dollars, with imprisonment in the county jail not less than one or... |
1879 |
Cases |
Yes |
|
|
Blake V. Hawkins |
98 U.S. 315, Supreme Court of the United States (October 01, 1878) |
APPEAL from the Circuit Court of the United States for the Eastern District of North Carolina. George Pollock, who was seised and possessed of a large estate, consisting of lands, slaves, and personal effects, died in 1839. He devised and bequeathed it all to his sister Frances, wife of John Devereux, by whom she had three children, Thomas P.,... |
1878 |
Cases |
Yes |
|
|
Bounty to Colored Soldiers. |
15 U.S. Op. Atty. Gen. 474, U.S.A.G (March 26, 1878) |
|
1878 |
Administrative Decisions & Guidance |
Yes |
|
|
Bradley V. State |
32 Ark. 704, Supreme Court of Arkansas (May 01, 1878) |
At the March Term, 1878, of the Circuit Court of Bradley County, Pat Bradley, a negro, was indicted for burglary. The indictment is in the following words and figures: Bradley County Circuit Court, March Term, A. D. 1878. The grand jury of Bradley County, in the name and by the authority of the State of Arkansas, accuse Pat. Bradley of the crime of... |
1878 |
Cases |
Yes |
|