AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  People ex Rel. Van Bokkelen V. Canaday 73 N.C. 198, Supreme Court of North Carolina (June 01, 1875) Cities and towns, like counties and townships, are parts and parcels of the State, organized for the convenience of local self-government; and the qualifications of voters are the same, to wit, citizenship, twenty-one years of age, twelve months residence in the State, and thirty days in the city or town. The General Assembly cannot in any way... 1875 Cases   This has some negative history but hasn’t been reversed or overruled.
  Reeder & Davis V. Flinn 6 S.C. 216, Supreme Court of South Carolina (July 13, 1875) This action was originally instituted by the plaintiffs against the defendant, H. K. W. Flinn, for the foreclosure of a mortgage. In the answer of the defendant, certain supposed equitable claims to the mortgaged premises by Ann D. Flinn are set up against the plaintiffs' right to the judgment of foreclosure and sale. By order of the Court, Mrs.... 1875 Cases    
  Riddell V. Johnson's Ex'r 26 Gratt. 152, Supreme Court of Appeals of Virginia (April 15, 1875) 1. A bequest in favor of an attorney who writes the will is not necessarily invalid. 2. The onus probandi lies in every case, upon the party propounding a will; and he must satisfy the conscience of the court that the instrument so propounded is the last will of a free and capable testator. 3. If a party writes or prepares a will under which he... 1875 Cases    
  Sorrel V. Clayton 42 Tex. 188, Supreme Court of Texas (January 01, 1875) Appellee brought suit against appellant, at the fall term, 1871, of the District Court of Wharton County, to recover the value of two thousand two hundred and four pounds of ginned cotton, loaned it was alleged, to her in May, 1864, and to be returned out of the crop of 1865, at which time it was asserted to have been worth thirty cents a pound.... 1875 Cases    
  Speer V. Tinsley 55 Ga. 89, Supreme Court of Georgia (July 01, 1875) Thomas D. Speer was cited to appear before the ordinary, by virtue of our Code, to settle with his wards, Rebecca L. Tinsley and Mrs. Durant, formerly Miss H. V. Tinsley. The ordinary found a certain sum due by the guardian to each of the wards, and Speer appealed to the superior court. The jury having been charged with the law by the court, found... 1875 Cases    
  Thompson V. Glinn Court of Appeals of Kentucky (December 01, 1875) June 24, 1863, the appellee conveyed to the appellant a tract of land in Scott county, containing eighteen acres, for the recited consideration of $717.00 in hand paid. In August, 1871, she brought this suit to have said deed set aside and cancelled. She alleged that before and at the time of making said conveyance, she was of unsound mind and... 1875 Cases    
  U.s. V. Cruikshank 92 U.S. 542, Supreme Court of the United States (October 01, 1875) ERROR to the Circuit Court of the United States for the District of Louisiana. This was an indictment for conspiracy under the sixth section of the act of May 30, 1870, known as the Enforcement Act (16 Stat. 140), and consisted of thirty-two counts. The first count was for banding together, with intent unlawfully and feloniously to injure,... 1875 Cases   This has some negative history but hasn’t been reversed or overruled.
  U.s. V. Reese 92 U.S. 214, Supreme Court of the United States (October 01, 1875) ERROR to the Circuit Court of the United States for the District of Kentucky. This case was argued at the October Term, 1874, by Mr. Attorney-General Williams and Mr. Solicitor-General Phillips for the United States, and by Mr. Henry Stanbery and Mr. B. F. Buckner for the defendants. 1. Rights and immunities created by or dependent upon the... 1875 Cases   This has some negative history but hasn’t been reversed or overruled.
  Whitley V. Alexander 73 N.C. 444, Supreme Court of North Carolina (June 01, 1875) After some discussion, it was agreed by counsel that there was no material difference between the facts as found by the referee, and by the Judge on review. It is therefore unnecessary to consider whether the Judge had the right to review the finding of facts by the referee. The case has been complicated by the agreement of the parties, by which... 1875 Cases    
  Williams V. State 44 Tex. 34, Supreme Court of Texas (January 01, 1875) The appellant, Gus Williams, having been convicted of theft from a storehouse, moved for a new trial on two grounds: 1. Because the verdict of the jury is contrary to and not responsive to the charge of the court. 2. Because the verdict of the jury is contrary to law and the evidence. The motion was overruled, and the defendant excepted and gave... 1875 Cases    
  Barbour V. Mitchell 40 Md. 151, Court of Appeals of Maryland (May 08, 1874) The question presented by the present appeal is, whether the appellee, Henry S. Mitchell, a devisee and legatee under the will of Robert D. Sewall, Esq., late of Prince George's County, deceased, should be enjoined from prosecuting as an heir at law of said Sewall, his bill in equity for the partition of certain lands devised by William P. Brinham... 1874 Cases   This has some negative history but hasn’t been reversed or overruled.
  Barton V. Cannon 66 Tenn. 398, Supreme Court of Tennessee (April 01, 1874) Kincheon Bass died in 1852, leaving a will, by which he appointed B. M. Patterson his executor. Patterson qualified, and took upon himself the duties of his office, and probably wound up the estate by collecting the assets and paying all the debts. He died, however, and in October, 1870, W. J. Cannon, one of the defendants, was appointed... 1874 Cases    
  Citizenship.-passports. 13 U.S. Op. Atty. Gen. 397, U.S.A.G (March 28, 1874)   1874 Administrative Decisions & Guidance    
  Cory V. Carter 48 Ind. 327, Supreme Court of Indiana (November 01, 1874) This was a proceeding by mandate, on the part of the appellee against the appellants. The appellee, in his petition, alleged that he was a citizen of the State of Indiana and resided in school district number two, in Lawrence township, Marion county, in the said State, and was a taxpayer therein; that he was the father of two children, Mary and... 1874 Cases    
  Dumas V. Neal 51 Ga. 563, Supreme Court of Georgia (January 01, 1874) It was no abuse of the discretion of the court to refuse the injunction in this case, or to hold up a larger amount of money than he did. Injunction. Before Judge HALL; Monroe county. At Chambers. February 26th, 1874. Jane A. Dumas filed her bill against John Neal and the sheriff of Monroe county, making, in brief, this case: Complainant, upon her... 1874 Cases    
  Farrer V. State 42 Tex. 265, Supreme Court of Texas (January 01, 1874) To constitute express malice, killing must result from an act done in pursuance of a formed design of a sedate, deliberate mind to kill the deceased, or to inflict upon him, by an unlawful act, some serious bodily harm, which might probably end in depriving him of life. (McCoy v. The State, 25 Texas, 33.) From the analysis of this definition, it... 1874 Cases    
  Freedmen's Bureau-generals Howard and Balloch. 14 U.S. Op. Atty. Gen. 473, U.S.A.G (October 24, 1874)   1874 Administrative Decisions & Guidance    
  Hart V. Hoss 26 La.Ann. 90, Supreme Court of Louisiana, Docket Number 4566 (February 01, 1874) Appeal from the Parish Court of the parish of Caddo. Smith, J. 1874 Cases    
  Hightower V. Maull 50 Ala. 495, Supreme Court of Alabama (January 01, 1874) Action on Promissory Note, by Payee against Maker. APPEAL from the Circuit Court of Russell. Tried before the Hon. L. B. STRANGE. 1874 Cases    
  Holmes V. Godwin 71 N.C. 306, Supreme Court of North Carolina (June 01, 1874) If, on a trial below, the jury omit to find a matter which goes to the very point of the issue, the new trial granted by the Supreme Court must be in toto; but when, on that trial, all the material issues have been correctly found, and the error does not touch the merits, the Supreme Court may award a partial new trial to correct the error. (Key v.... 1874 Cases    
  Howe V. Treasurer of City of Plainfield 37 N.J.L. 145, Supreme Court of New Jersey (January 01, 1874) 1. The 18th section of the charter of the city of Plainfield, giving to the common council the power to prescribe, by ordinance, fines and penalties for the violation of any of its ordinances, with the proviso that the amount of fine shall in no case exceed $100, or the term of imprisonment twenty days, preserving the right of trial by jury if... 1874 Cases   This has some negative history but hasn’t been reversed or overruled.
  Hughes V. Roper 42 Tex. 116, Supreme Court of Texas (January 01, 1874) A sufficient answer to the objection that Reece Hughes, sen., ought to have been made a party, is found in the fact that the record does not show that the question was raised in the court below. Objections for want of parties come too late when made for the first time in the appellate court. (Shelby v. Burtis, 18 Tex., 648.) It may be added that... 1874 Cases    
  In re Ah Fong 3 Sawy. 144, Circuit Court, D. California (September 21, 1874) Application for discharge on writ of habeas corpus. The facts are stated in the opinion of the court. 1874 Cases    
  Irion V. Hume 50 Miss. 419, Supreme Court of Mississippi (October 01, 1874) 1. ATTACHMENT CLAIMANT'S BOND ISSUE THEREON. In an issue on a claimant's bond, the burden of proof is on the plaintiff. It is not necessary that he should show title to the property in himself. He will succeed by showing title in a stranger, as thereby he demonstrates that the property is not liable to the creditors' demand.... 1874 Cases    
  Kelly V. Brooks 50 Ga. 582, Supreme Court of Georgia (January 01, 1874) In the case of Prescott vs. Bennett et al., 50 Ga., 266, the motion to set aside the order vacating the judgment was made within three years from the time the order was granted, and also before the judgment which was set aside was dormant. In the opinion pronounced by WARNER, Chief Justice, in that case, there was no limitation as to time on the... 1874 Cases    
  Kinnaird V. Miller's Ex'r 25 Gratt. 107, Supreme Court of Appeals of Virginia (April 28, 1874) Absent, Christian and Bouldin, Js. M. died in 1868, having made a will in 1859, by which he gave the residue of his estate to the Board of the Literary Fund (a corporation created by law) and their successors forever, in trust for the benefit of the county of Albemarle, for the purpose of establishing and supporting a manual labor school for poor... 1874 Cases    
  Lee V. Lee 71 N.C. 139, Supreme Court of North Carolina (June 01, 1874) It is no objection to a tales juror, that his name does not appear on the jury list, as made out by the County Commissioners; and a challenge for that cause was properly overruled. On the trial of an issue, devisavit vel non, no presumption of fraud, as a matter of law, arises from the fact that one of the legatees was a general agent of the... 1874 Cases    
  Lenoard V. Collier 53 Ga. 387, Supreme Court of Georgia (July 01, 1874) 1. When a suit was brought against A and B, administrators of C, and against D as security for C, on a promissory note made by C, as principal, and D as security, and a verdict taken for the plaintiff for the amount due on the note, but the judgment as entered up simply against the defendants, and contained no words providing that it should be... 1874 Cases    
  Marshall V. Donovan 10 Bush 681, Court of Appeals of Kentucky (March 16, 1874) Marshall sued Donovan and Daum for the forcible seizure and conversion of a cow of the value of sixty dollars. They answered, and stated that Daum was the sheriff of Bracken County, that Donovan was his deputy, and that they seized and sold the cow to satisfy a tax-claim against Marshall arising out of a levy made pursuant to the provisions of an... 1874 Cases    
  Miller V. Simonton 5 S.C. 20, Supreme Court of South Carolina (January 23, 1874) A deed by a trustee to his cestui que trust, reciting that all the personal assets of the trust estate had been previously transferred to the latter, and conveying to her the real estate, held to be a bar to an action by the cestui que trust against the trustee for account. 1874 Cases    
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