AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Houser V. Ruffner, Adm'r 18 W.Va. 244, Supreme Court of Appeals of West Virginia (July 01, 1881) There are a number of questions raised by the record in this case, which have been argued by counsel. I deem it necessary to consider only two. If in the suit brought by Cecil and wife it was adjudicated by the court, what interest Maria McFarland took under the will of James C. McFarland in the personalty, whether an absolute estate or only an... 1881 Cases    
  Rives V. Duke 105 U.S. 132, Supreme Court of the United States (October 01, 1881) It is settled by the decisions of this court that a contract, made within the so-called Confederate States during the war of the rebellion, to pay a certain sum in dollars, without specifying the kind of currency in which it was to be paid, may be shown, by the nature of the transaction and the attendant circumstances, as well as by the language of... 1881 Cases    
  State V. Ah Chew 16 Nev. 50, Supreme Court of Nevada (January 01, 1881) Appellant was indicted, tried, and convicted of a felony for a violation of section 1 of the act to regulate the sale or disposal of opium, etc. (Stat. 1877, 69.) This section provides that it shall be unlawful for any person or persons, as principals or agents, to sell, give away, or otherwise dispose of any opium in this... 1881 Cases    
  Succession of Hebert 33 La.Ann. 1099, Supreme Court of Louisiana, Docket Number 1116 (July 01, 1881) Appeal from the Twenty-Fifth Judicial District Court, parish of Lafayette. Moulton, J. 1881 Cases    
  U.s. V. Payne 2 McCrary 289, District Court, W.D. Arkansas (January 01, 1881) The pleadings in this case seem to arise and present to the court for decision all the points there are in the case. The complaint alleges a state of facts which, if true, would render the defendant liable to the penalty. Sections 2147, 2148, Rev. St. 374. No white person has a right to go into the Indian country to reside without a permit; and if... 1881 Cases    
  Black V. Rose 14 S.C. 274, Supreme Court of South Carolina, Docket Number 936 (November 05, 1880) 1. A receipt given by the clerk of the court, in March, 1863, for money (confederate) paid into court in a cause then pending under order passed in October, 1860, should not be set aside, there being no proof of irregularity. 2. Money paid into court, under its order, is payment and not tender. Rule 94, Miller's Compilation, construed. 3. The clerk... 1880 Cases    
  Bolton V. Dickens 72 Tenn. 569, Supreme Court of Tennessee (April 01, 1880) On the 10th of June, 1868, complainant filed her bill in the First Chancery Court of Shelby County against Thomas Dickens, Wade H. Bolton, the administrator with the will annexed of Isaac L. Bolton, and against the heirs at law of said Isaac L., and the heirs at law of complainant's testator, and the heirs at law of Mary Bolton, the mother of said... 1880 Cases    
  Butler V. Lawson 72 Mo. 227, Supreme Court of Missouri (October 01, 1880) There was no necessity for a motion for a rehearing of the grounds upon which the court dismissed the petition. O'Connor v. Koch, 56 Mo. 261, and cases cited. We have no doubt, either, as to the point concerning jurisdiction. This question has been re??tly discussed in this court, and the conclusion reached that though in the ordinary routine of... 1880 Cases   This has some negative history but hasn’t been reversed or overruled.
  Commonwealth V. Johnson 1 Ky.L.Rptr. 108, Court of Appeals of Kentucky (June 29, 1880) 1. So much of the General Statutes as declares that only white persons are competent jurors is unconstitutional. 2. The 1st section, article 14, of the Constitution of the United States, provides that no state shall make or enforce any law which denies to any person the equal protection of the laws. 3. The statute, in so far as it prohibits... 1880 Cases    
  Crane, Boylston & Co. V. Moses 13 S.C. 561, Supreme Court of South Carolina, Docket Number 912 (September 01, 1880) 1. Where a creditor obtained judgment against the executor of his debtor, and then instituted a creditor's action, setting forth his judgment in the complaint, upon which an injunction was issued, and the answers did not deny the indebtedness, and the judgment was proved at the hearingHeld, that the claim was sufficiently established. This... 1880 Cases    
  Currie V. Mcneill 83 N.C. 176, Supreme Court of North Carolina (June 01, 1880) This action instituted in the probate court has for its object the settlement of the estate of Daniel McNeill in the hands of the defendant, Malcolm McNeill, his executor, and after many successive amendments in the pleadings, the issues arising thereon were eliminated and certified to the superior court where by consent they were to be referred... 1880 Cases    
  Doty V. Wray 66 Ga. 153, Supreme Court of Georgia (September 01, 1880) The following deed was executed by Mrs. Ann Elon: STATE OF GEORGIA-Chatham County. This Indenture made at Savannah, state of Georgia, county of Chatham, between Mrs. Ann Elon, of the said city of Savannah, county and state aforesaid, of the one part, and Mrs. Ann Pickett, daughter of the said Ann Elon, of the other part, witnesseth that the said... 1880 Cases    
  Fitzgerald V. Allman 82 N.C. 492, Supreme Court of North Carolina (January 01, 1880) The act of congress by which the order is supposed to be sustained, is in these words: When any civil suit or criminal prosecution is commenced in any state court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the state, or in the parts of the state where such suit or prosecution is... 1880 Cases    
  Francois V. State 9 Tex.App. 144, Court of Appeals of Texas (January 01, 1880) APPEAL from the District Court of Travis. Tried below before the Hon. E. B. TURNER. 1880 Cases    
  Graham V. Graham 16 W.Va. 598, Supreme Court of Appeals of West Virginia (May 01, 1880) 1. A case in which the statute of limitations is held to apply in equity. (See opinion of the Court.) Appeal from and supersedeas to two decrees of the circuit court of the county of Monroe, rendered, one on the 17th day of May, 1879, and the other on the 19th day of May, 1879, in a cause in said court then pending, wherein John Graham and others... 1880 Cases    
  Huguley V. Morris 65 Ga. 666, Supreme Court of Georgia (September 01, 1880) Suit was brought by Huguley against Morris & Tumlin on a joint and several note, signed Morris & Tumlin, for $1,050.00. Morris put the signature, Morris & Tumlin, to the note. Tumlin pleaded that he did not sign it or authorize anybody to sign it for him. The reply was that Morris & Tumlin were partners, and therefore Morris had power to sign the... 1880 Cases    
  In re Camille 6 Sawy. 541, Circuit Court, D. Oregon (November 02, 1880) Petition to be Admitted to Citizenship. 1880 Cases    
  In re Lewis' Will 33 N.J. Eq. 219, Prerogative Court of New Jersey (October 01, 1880) A testator was eighty-two years old in 1873, when he made his will.-- Held, that if it be conceded that he was miserly, squalid, dishonest, profane and irascible; that he canceled a codicil to his will merely because he believed the beneficiary named therein, who was not a relation, was insincere towards him; that, in 1860, he revoked a trust deed... 1880 Cases    
  Kelly V. Mccallum 83 N.C. 563, Supreme Court of North Carolina (June 01, 1880) We think the ruling of the court below correct and not liable to just complaint. No question is made as to the construction of the will in directing an equal distribution among the testator's children, and that in the manner provided in cases of intestacy, those who have received anything as an advancement being called upon to account for the value... 1880 Cases    
  Leonard V. Grant 6 Sawy. 603, Circuit Court, D. Oregon (December 15, 1880) This action is brought by the plaintiff, the widow of the late D. G. Leonard, against the defendant, as administrator of his estate, to recover the sum of $624.30, with interest, the same being the one-third of the rents and profits of the real property of the deceased, in which the plaintiff was entitled to dower, received by the defendant as such... 1880 Cases    
  Mccrosky V. Parks 13 S.C. 90, Supreme Court of South Carolina (February 24, 1880) 1. A decree not appealed from is binding upon infants properly made parties defendant thereto, although the guardian ad litem, who answered formally, was appointed upon the motion of the complainant's solicitor. Such decree cannot be questioned in collateral proceedings. 2. The principle decided in Bulow v. Witte, 3 S. C. 308, approved. 1880 Cases    
  Meyer V. State 42 N.J.L. 145, Court of Errors and Appeals of New Jersey (March 01, 1880) A house in which unlawful sales of liquor are habitually made, is an indictable nuisance, although there is a city ordinance prescribing penalties for such sales, as such traffic is not only a breach of the city law, but is also forbidden by the state law. The plaintiff in error was convicted in the Essex County General Quarter Sessions of the... 1880 Cases    
  Neal V. State of Delaware 103 U.S. 370, Supreme Court of the United States (October 01, 1880) The assignments of error are numerous, but they are all embraced by the general proposition that the court erred as well in proceeding with the case after the petition for removal was filed, as in denying the motions to quash the indictment, and the panels of jurors. The first question to which our attention will be directed relates to the... 1880 Cases   This has some negative history but hasn’t been reversed or overruled.
  Overseer of Poor of Madison Tp. V. Overseer of Poor of Monroe Tp. 42 N.J.L. 493, Supreme Court of New Jersey (November 01, 1880) 1. The place of the legal settlement of the father is the place of the legal settlement of his legitimate children. The birthplace of such children is the place of legal settlement prima facie only, and until the place of legal settlement of their parents is known. 2. Upon certiorari, when the facts are not certified, this court must infer such... 1880 Cases    
  Simpson V. Wallace 83 N.C. 477, Supreme Court of North Carolina (June 01, 1880) The three tracts of land described in the application for an order of partition are alleged to be held by the plaintiffs and the defendant, Viola, as tenants in common, to one of which the other defendant, Mary, also sets up a claim. The first mentioned tract, or Rock-house Place, was set apart to Wilson Wallace, their father, under proceedings... 1880 Cases    
  State V. Emerick 35 Ark. 324, Supreme Court of Arkansas (May 01, 1880) John Emerick was indicted in the circuit court of Lonoke county for selling intoxicating spirits to a minor. There were two counts in the indictment, in substance as follows: The first count charges that John Emerick, on, etc., at, etc., did then and there unlawfully sell intoxicating spirits to Ab. Clements, he, the said Ab. Clements, being... 1880 Cases    
  Stump V. Jordan 54 Md. 619, Court of Appeals of Maryland (October 21, 1880) In the will of John Jordan, executed in June, 1844, and admitted to probate in July, 1845, there is the following clause: Item. 1 will and bequeath unto my niece, Catharine J. Edie, all that part of my real estate lying on the east side of the Elkton road, on which I now reside, adjoining the lands of Joseph Alexander, Jones Mathias and others,... 1880 Cases   This has some negative history but hasn’t been reversed or overruled.
  Suber V. Allen 13 S.C. 317, Supreme Court of South Carolina, Docket Number 849 (March 25, 1880) A judgment creditor brought his action against the several parties, their sureties and representatives, who had administered upon the estate of his judgment debtor, deceased, for account, settlement, &c., alleging also that the lands of the deceased were bound by his judgment, and that plaintiff is informed and believes that one S. claims to be... 1880 Cases    
  Sudderth V. Mccombs 82 N.C. 535, Supreme Court of North Carolina (January 01, 1880) The intestate of defendant received as guardian from the executor of Abram Harshaw, in May and June, 1859, bonds belonging to the estate amounting to the sum of $7,716.50, which it was his duty to collect and invest, or change into his own name as guardian, so as to make it a fund bearing interest at a compound rate. Besides these ante-war notes,... 1880 Cases    
  Turner V. Gaither 83 N.C. 357, Supreme Court of North Carolina (June 01, 1880) The action is brought on several notes under seal and accountable receipts, all of which, except the note bearing date October 30th, 1869, and a small sum not disputed, were executed during the minority of the defendant to the plaintiff, administrator of A. B. F. Gaither, his father. The defences set up in opposition to the recovery are infancy and... 1880 Cases    
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