Author | Title | Citation | Summary | Year | Type | Key Terms in Title or Summary | Case Status |
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Orr V. Quimby |
54 N.H. 590, Superior Court of Judicature of New Hampshire (June 01, 1874) |
The defence in this case is based on the following provisions of chapter 132 of our General Statutes: SECTION 1. Any person employed under an act of the congress of the United States, passed the tenth day of February, one thousand eight hundred and seven, and the supplements thereto, may enter upon lands within this state for the purpose of... |
1874 |
Cases |
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Puryear V. Cabell |
24 Gratt. 260, Supreme Court of Appeals of Virginia (January 21, 1874) |
This is an appeal from a decree rendered by the Circuit court of Pittsylvania county. The parties to the controversy are the legatees and devisees of Nathaniel Wilson deceased. The questions to be decided grow out of a contest as to the true interpretation of the testator's will, and a proper division of his estate. Mr. Wilson, by his will executed... |
1874 |
Cases |
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Rundle V. Pegram |
49 Miss. 751, Supreme Court of Mississippi (April 01, 1874) |
1. MARRIAGEITS REQUISITES.It is well settled law in this State that marriage is a contract, and must be entered into by parties competent to contract. Carson v. Carson, 40 Miss., 340. Being a civil contract, if it be entered into with all the common law requisites, but without the forms prescribed by the statute, it will be valid. The... |
1874 |
Cases |
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Spivey V. Platon |
29 Ark. 603, Supreme Court of Arkansas (November 01, 1874) |
In October, 1869, Madaline P. Lindsey as administratrix of her deceased husband, Daniel P. Lindsey, filed a bill in the Monroe circuit court to enforce a lien for purchase money upon lands sold by her husband, while living, to Robert H. Pasley and John Spivey. Before the final decree, Mrs. Lindsey's letters were revoked by her marriage, and Emele... |
1874 |
Cases |
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State V. Cumberland & P.r. Co. |
40 Md. 22, Court of Appeals of Maryland (March 05, 1874) |
The only question intended to be presented by this appeal, and which has been argued in this Court, is, whether the Act of the Legislature of 1872, ch. 274, is constitutional or not. All other questions arising on the pleadings have been waived, and the issue of fact disposed of by agreement. The Act in question, is entitled An Act to... |
1874 |
Cases |
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Strong V. Middleton |
51 Ga. 462, Supreme Court of Georgia (January 01, 1874) |
Did the interest that Mrs. Strong took in the land mentioned in the seventh item of the will determine by her marriage, and if so did the fee, under the terms used in the will, vest in William Strong? An affirmative answer to these questions settles this whole case, or rather, both of these cases, and we think that the answer must be in the... |
1874 |
Cases |
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Tudor V. James |
53 Ga. 302, Supreme Court of Georgia (July 01, 1874) |
This was a bill filed by the complainants against the defendant, to obtain the possession of certain described property mentioned therein, on the ground that the will of Thomas Tudor, under which the defendant claims the property, is void; that it was the intention of the testator in giving the property to Tillery, the devisee and legatee named in... |
1874 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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U. S. V. Petersburg Judges of Election |
1 Hughes 493, Circuit Court, E.D. Virginia (January 01, 1874) |
The cases first named above were indictments against the judges who held the municipal election of Petersburg in 1874, respectively at eight precincts in that city. They charged that at a municipal election held there on the 2d May, 1874, these defendants (respectively naming three at each precinct) did unlawfully prevent and obstruct from voting... |
1874 |
Cases |
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U.s. V. Cruikshank |
1 Woods 308, Circuit Court, D. Louisiana (April 01, 1874) |
This was an indictment under the enforcement act of May 31, 1870, against [William J. Cruikshank and] nearly one hundred other persons, charging, in the first count, that on the 13th day of April, 1873, at Grant parish, in the state of Louisiana, the defendants unlawfully and feloniously did band together with the unlawful and felonious intent and... |
1874 |
Cases |
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U.s. V. Varela |
1 N.M. 593, Supreme Court of the Territory of New Mexico (January 01, 1874) |
The matter of demurrer in these causes are substantially of the same nature and effect as in case No. 69, The United States v. Juan Santistevan, anle, 583, my opinion in which is here referred to as my opinion in these causes. The plaintiffs' petition in these causes does not show right of action under the statute, and for this reason, if for no... |
1874 |
Cases |
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Ward V. Flood |
48 Cal. 36, Supreme Court of California, Docket Number 3532 (January 01, 1874) |
This is an application made to this Court for a writ of mandamus directing the defendant to receive the petitioner as a scholar in the school of which he is the principal. The petition for the writ is as follows: Harriet A. Ward, being sworn, says: I am the mother of Mary Frances Ward, who is under the age of fourteen years--namely, of the... |
1874 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Weems V. Lathrop |
42 Tex. 207, Supreme Court of Texas (January 01, 1874) |
The first and principal question is, whether the appointment of Brooks as receiver expired at the next term of court after it was made. Ordinarily the appointment of a receiver continues during the pendency of the suit, until the decree is rendered. In the forms of such orders, at least in some of them, no time is expressed. (Edwards on Receivers,... |
1874 |
Cases |
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Wilson V. State |
41 Tex. 320, Supreme Court of Texas (January 01, 1874) |
Lewis Wilson was tried at the February term, 1874, of Robertson county District Court, on an indictment charging him with the murder of his wife Jane; was convicted of murder in the first degree, the punishment affixed being death. The evidence adduced will only be so far presented as is deemed necessary to show the grounds and extent of our... |
1874 |
Cases |
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Anderson V. Mills |
28 Ark. 175, Supreme Court of Arkansas (June 01, 1873) |
This was a bill to enforce a vendor's lien upon lands for the payment of the purchase money, etc. The original bill was filed in the Phillips circuit court, in April, 1866, by John F. Mills, the vendor, who died before the final decree, and Caledonia R. Mills, the appellee, his executrix and sole legatee, was substituted as plaintiff. Patrick H.... |
1873 |
Cases |
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Aston V. Robinson |
49 Miss. 348, Supreme Court of Mississippi (October 01, 1873) |
1. CHANCERY PRACTICE-EQUITY JURISDICTION-SPECIFIC PERFORMANCE.-The jurisdiction of a court of equity to enforce specifically a contract, though it is said to rest in judicial discretion, yet it is exercised according to sound and fixed rules and within certain defined limits, but is controlled largely by the circumstances of the individual case.... |
1873 |
Cases |
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Bartemeyer V. State of Iowa |
85 U.S. 129, Supreme Court of the United States (October 01, 1873) |
ERROR to the Supreme Court of Iowa; the case being thus: Bartemeyer, the plaintiff in error, was tried before a justice of the peace on the charge of selling intoxicating liquors, on the 8th of March, 1870, to one Timothy Hickey, in Davenport Township, in the State of Iowa, and was acquitted. On an appeal to the Circuit Court of the State the... |
1873 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Batchelor V. Macon |
69 N.C. 545, Supreme Court of North Carolina (June 01, 1873) |
We consider it useless to make any reference to the many cases cited on the argument, except to remark that every tub must stand on its own bottom. In the construction of wills the object is to find the intention of the testator. This must be done by a consideration of the words of the will, and by such other evidence as it is competent for the... |
1873 |
Cases |
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Chesapeake & O.r. Co. V. Bradford |
6 W.Va. 220, Supreme Court of Appeals of West Virginia (February 24, 1873) |
Petitioner, the Chesapeake and Ohio Railroad Company, on the 25th day of October, 1870, filed its petition in the Circuit Court of Kanawha county, representing that the line of its road had been located by its engineers through and over certain lands therein mentioned and described, giving the boundaries of the land surveyed for its railroad. And... |
1873 |
Cases |
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Cogdell V. Exum |
69 N.C. 464, Supreme Court of North Carolina (June 01, 1873) |
This action was originally instituted on the 19th of September, 1870, by one Thompson, who had been adjudged a bankrupt on the 29th of December, 1868, but has not yet received his discharge. He alleges that the defendant has held a tract of land in trust for him, ever since May, 1868, and demands an account, and payment of rents, and a conveyance... |
1873 |
Cases |
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De La Lande V. Poydras |
25 La.Ann. 405, Supreme Court of Louisiana, Docket Number 3828 (May 01, 1873) |
Appeal from the Seventh Judicial District Court, parish of Pointe Coupee. Miller J. |
1873 |
Cases |
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Dibrell V. Carlisle |
48 Miss. 691, Supreme Court of Mississippi (January 01, 1873) |
1. EQUITYRULES OF CONSTRUCTION INFOLLOWS THE LAW.It is a common maxim that equity follows the law. Where a rule of the common or statute law is direct, and governs the case, a court of equity is as much bound by it as a court of law. 2. SAMEEQUITY AND LAWLEGAL ESTATES AND TRUST ESTATES.In general courts of... |
1873 |
Cases |
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Dickerson V. Brown |
49 Miss. 357, Supreme Court of Mississippi (October 01, 1873) |
1. HUSBAND AND WIFEMARRIAGE.The relation of husband and wife originates in contract, which, when executed, imposes upon the parties new relations to each other and to the public. This contract in some respects is unlike other contracts, particularly in this, that it is indissoluble, save in the mode pointed out by statute. 1 Bishop,... |
1873 |
Cases |
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Donnell V. State |
48 Miss. 661, Supreme Court of Mississippi (April 01, 1873) |
1. HABEAS CORPUS-PRACTICE.-On the trial of habeas corpus, sued out by a person committed, as appears by the return, by the sentence of a justice of the peace, it is competent for the relator to deny the existence of the sentence, the jurisdiction of the justice's court, or the constitutionality of the law under which said judgment and sentence were... |
1873 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Ex Parte Lange |
85 U.S. 163, Supreme Court of the United States (October 01, 1873) |
ON petition for writs of habeas corpus and certiorari. Edward Lange filed a petition to this court at a former day, praying for a writ of habeas corpus to the marshal for the Southern District of New York, on the allegation that he was unlawfully imprisoned under an order of the Circuit Court of the United States for that district. On consideration... |
1873 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Fitzpatrick V. Pope |
39 Tex. 314, Supreme Court of Texas (January 01, 1873) |
1. It is error to consolidate two suits not between the same parties nor founded on the same subject matter. 2. It is error to consolidate a suit by one heir against the administrator of his father's estate, for money alleged to have been in the father's safe at his death, and which was appropriated by the administrator, with a suit against the... |
1873 |
Cases |
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Fowler V. Morgan |
25 La.Ann. 206, Supreme Court of Louisiana, Docket Number 4559 (March 01, 1873) |
Appeal from the Fifth Judicial District Court, parish of East Baton Rouge. Posey, J. |
1873 |
Cases |
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Fuentes V. Gaines |
25 La.Ann. 85, Supreme Court of Louisiana, Docket Number 3700 (February 01, 1873) |
Appeal from the Second District Court, parish of Orleans. Collens, judge of the Seventh District Court, presiding in place of Duvigneaud, J., who recused himself. |
1873 |
Cases |
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This is no longer good law for at least one of the points of law it contains. |
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Harrison V. Hadley |
2 Dill. 229, Circuit Court, E.D. Arkansas (January 13, 1873) |
This was a bill in equity by William M. Harrison against Ozro. A. Hadley, acting governor of the state of Arkansas, James M Johnson, secretary of state, Marshall L. Stephenson, Elhanon J. Searle, and John T. Bearden. The complainant alleges in his bill that at the general election held in this state, on the 5th day of November, 1872, there were, by... |
1873 |
Cases |
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Hartfield V. Simmons |
59 Tenn. 253, Supreme Court of Tennessee (April 01, 1873) |
The complainant's intestate, Ragan, as a creditor of the defendant, W. H. Simmons, filed his bill in the chancery court at Trenton on the 22d of December, 1860, to set aside several conveyances alleged in the bill to have been made by Simmons to hinder and delay his creditors. In the progress of the case, Ragan died, and the case was revived in the... |
1873 |
Cases |
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Hutchison V. Mitchell |
39 Tex. 487, Supreme Court of Texas (January 01, 1873) |
1. The husband may by deed declare an express trust in favor of his wife, giving her the exclusive use and enjoyment of all the rents and profits of the trust estate, provided there be no fraud in the transaction. 2. The rents and profits of such trust estate being the separate property of the wife, are not subject to the debts contracted by the... |
1873 |
Cases |
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