AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Killebrew V. Murphy 50 Tenn. 546, Supreme Court of Tennessee (December 01, 1870) In June, 1863, Lawson J. Murphy died, from violence, in Montgomery county, having executed his will a few days before his death. He was the owner of a large real and personal estate, leaving his wife, Sylvester J., surviving him. They had no children. By his will, he gave all of his estate, real and personal, to his wife, during her widowhood. Upon... 1870 Cases    
  Nance V. Haney 48 Tenn. 177, Supreme Court of Tennessee (September 01, 1870) This is an action of trespass, commenced in Jefferson county, by defendant, in error, against the complainants, in error, and one Hodges. A nolle prosequi was entered as to Hodges. The case was tried by his Honor, Judge Swann and a jury, at August Term, 1867, on a plea of not guilty. The jury, under the charge of the Court, returned a verdict in... 1870 Cases    
  Osborn V. Nicholson 1 Dill. 219, Circuit Court, E.D. Arkansas (January 01, 1870) On the 28th of March, 1861, the defendant [Young A. G. Nicholson] executed to the plaintiff [Henry T. Osborn] his promissory note for $1,300, and at the same time the plaintiff executed to the defendant a bill of sale in these words: For the consideration of thirteen hundred dollars, I hereby transfer all the right, title and interest I have to a... 1870 Cases   This is no longer good law for at least one of the points of law it contains.
  Parker V. Clarkson 4 W.Va. 407, Supreme Court of Appeals of West Virginia (January 01, 1870) Absent BROWN, President. 1. C.'s real estate is encumbered with liens, and a suit is pending to enforce them. Pending the suit C. dies, leaving four heirs. H., a daughter, married S. H. E.; and there is a marriage settlement investing in J. A. E., a trustee, the real estate inherited by the daughter, H., for her sole and separate use. In the... 1870 Cases    
  People ex Rel. Kimberly V. De La Guerra 40 Cal. 311, Supreme Court of California, Docket Number 2372 (October 01, 1870) The respondent was born at Santa Barbara, in 1819, and has ever since resided at that place, and is admitted to have been a white male citizen of Mexico at the date of the treaty of Guadalupe Hidalgo. After the ratification of that treaty he elected to become a citizen of the United States in the mode provided in the treaty. He was a member of the... 1870 Cases    
  People V. Brady 40 Cal. 198, Supreme Court of California, Docket Number 2433 (October 01, 1870) APPEAL from the County Court of the City and County of San Francisco. The defendant appealed. The other facts are stated in the opinion. The statutes of this State say, Chinese shall not be witnesses in an action or proceeding wherein a white person is a party. And again: No Chinese shall be permitted to give evidence in favor... 1870 Cases   This has some negative history but hasn’t been reversed or overruled.
  Phillips V. Rivers 1 S.C. 448, Supreme Court of South Carolina (January 01, 1870) A., being seized in fee of land, executed, in 1804, marriage articles, which were recorded, but not until three months had elapsed. In 1820 A. joined her husband in conveying the land to a purchaser, but omitted to sign the Magistrate's certificate of her renunciation of inheritance. After her death her heirs-at-law, P. being one, claimed the land... 1870 Cases    
  Pringle V. Sizer 2 S.C. 59, Supreme Court of South Carolina (June 29, 1870) A principal may secure his sureties against loss by a confession of judgment, and the mere fact that actions, by some of his creditors, are pending against him at the time, is not proof of fraud. Where such a confession is given to indemnify the sureties against their liability on certain determinate and specified securities, the plaintiffs can... 1870 Cases    
  State V. Mcafee 64 N.C. 339, Supreme Court of North Carolina (January 01, 1870) There are several exceptions to the rulings of his Honor who presided at the trial of this case. We will only notice one, as, clearly, it is well taken, and entitles the the prisoner to a venire de novo. The counsel for the prisoner proposed to ask a juror, if he believed he could, as a juror, do equal and impartial justice between the State and a... 1870 Cases    
  Storm V. Smith 43 Miss. 497, Supreme Court of Mississippi (October 01, 1870) 1. CONTRACTCONSIDERATIONPRACTICE.The purchaser of personal property on credit, at guardian's sale, under erroneous decree of the probate court, cannot set up error in decree as defense to an action for the purchase money; but in such case he must seek relief by a reversal of the decree and return of the property. 2.... 1870 Cases    
  Turner V. Turner 44 Ala. 437, Supreme Court of Alabama (June 01, 1870) [BILL IN EQUITY FOR DIVORCE ON THE GROUNDS OF CRUELTY AND ADULTERY, AND FOR GENERAL RELIEF.] APPEAL from the Chancery Court of Talladega. Heard before Hon. B. B. MCCRAW. 1870 Cases    
  U. S. V. Canter 2 Bond 389, Circuit Court, S.D. Ohio (October 01, 1870) At law. 1870 Cases    
  Watkins V. Specht 47 Tenn. 585, Supreme Court of Tennessee (April 01, 1870) The bill in this cause was filed by the complainants as children and heirs of Mildred B. Watkins, deceased, some of whom are minors, for the purpose of declaring void and setting aside a deed of real estate made by Mildred B. Watkins, E. F. Watkins, her husband, and the trustee of the property, to certain real estate, in which the said children had... 1870 Cases   This has some negative history but hasn’t been reversed or overruled.
  Williams V. Beard 1 S.C. 309, Supreme Court of South Carolina (March 23, 1870) One who purchases real estate, for valuable consideration without notice, from the mortgagor thereof, acquires a valid title, under the Act of 1843, against a prior mortgagee, whose mortgage is unrecorded at the time of the purchase, and who fails to record it within sixty days, the time allowed by the Act for that purpose; and it makes no... 1870 Cases    
  Wynne V. Warren 49 Tenn. 118, Supreme Court of Tennessee (December 01, 1870) The complainant, Martha Wynne, is the widow of Thomas R. Wynne, deceased, who departed this life in Lincoln county, in June, 1856, leaving a last will and testament, of which complainant, Willis G. Rives, is the surviving executor; and leaving two children, the defendants, Harriet and Catharine, who, with their mother, Martha, are the only legatees... 1870 Cases    
  Alston V. Manning Chase 460, Circuit Court, D. South Carolina (June 01, 1869) Motion for continuance. Under the laws of South Carolina prior to 1861, the juries in the state courts were required to be white persons owning a certain amount of property. The circuit court of the district of South Carolina made a rule regulating the summoning of juries in conformity with that law. This rule was modified subsequent to 1866, so as... 1869 Cases    
  Armstrong V. Pearre 47 Tenn. 171, Supreme Court of Tennessee (December 01, 1869) The bill in this cause, was filed in the year 1848, for a construction of the will and settlement of the estate of Joshua Pearre, who died in 1847. By his will, the testator specifically disposes of all his real and personal estate for the benefit of his widow and of his children and grand-children, but does not expressly designate any fund for the... 1869 Cases    
  Attorney General V. Garrison 101 Mass. 223, Supreme Judicial Court of Massachusetts (March 01, 1869) The object of the information is, to enforce the execution of a charitable trust in conformity with a decree of the court. The defendants have received the trust fund, and it has been in their hands since January 1, 1868. They were directed by the decree to pay it over, at such times and in such sums as they in their discretion might think fit, to... 1869 Cases    
  Attorney General V. State Board of Judges 38 Cal. 291, Supreme Court of California (July 01, 1869) We agree with respondents, that, although there is in the Act of 1868, for the encouragement of silk culture, a section repealing the Act of 1866 in relation to the same subject, the second section of the Act of 1868, providing that persons may claim premiums under the Act of 1866, and forbidding those claiming premiums under either Act from... 1869 Cases    
  Beazley V. Mershon Court of Appeals of Kentucky (January 09, 1869) Various creditors of appellant obtained attachments against his estate in the year 1862 upon the alleged ground of his being in the Confederate military service, being voluntarily within the Confederate military lines, and also of having carried out of this State a material portion of his property, not leaving a... 1869 Cases    
  Boyd V. State 47 Tenn. 69, Supreme Court of Tennessee (December 01, 1869) At the March Term, 1869, of the Criminal Court for Davidson County, an indictment was found against Zack Boyd, for murder. The indictment contained two counts; the first count charging the killing of one William _, man of color; and the second, charging the killing of a man of color, to the grand jurors unknown. The offense is charged to... 1869 Cases    
  Clarke V. Deveaux 1 S.C. 172, Supreme Court of South Carolina (October 09, 1869) C. conveyed, by deeds, certain bonds to D., in trust, to pay the income to C. for life, for the maintenance and support of himself and wife, and the support and education of his children-neither corpus nor income to be liable for his debts-and to hold the corpus, after his death, upon certain limitations, for the benefit of his wife and children,... 1869 Cases    
  Columbia County Com'rs V. King 13 Fla. 451, Supreme Court of Florida (January 01, 1869) 1. Where a duty is imperatively required by law to be performed by ministerial officers, as the levying of a specific tax, no demand is necessary to lay the foundation of an application for a writ of mandamus to enforce it. 2. The 22d section of the act known as the Internal Improvement Act authorized Boards of County Commissioners to subscribe for... 1869 Cases    
  Dicken V. Dicken 38 Ga. 663, Supreme Court of Georgia (June 01, 1869) 1. On the hearing of a motion for temporary alimony, pending an action for divorce, the merits of the cause are not in issue. But, under section 1735 of the Code, the Judge, fixing the amount of alimony, may inquire into the cause and circumstances of the separation, rending the alimony necessary, and, in his discretion, may refuse it altogether;... 1869 Cases    
  Fisk V. Bergerot 21 La.Ann. 111, Supreme Court of Louisiana, Docket Number 6814 (February 01, 1869) Appeal from the Sixth District Court of New Orleans, Howell, J. 1869 Cases    
  Floyd V. Abney 1 S.C. 114, Supreme Court of South Carolina (April 30, 1869) The Supreme Court has no power, under the Constitution, to award new trials for errors of fact in the verdicts of juries. Its authority, in granting new trials, is limited to cases where there are errors of law in the decisions and rulings of the Judge. 1869 Cases    
  Gibbon V. Gibbon 40 Ga. 562, Supreme Court of Georgia (December 01, 1869) 1. When a testator, at the date of his will, had a wife and a son and daughter, and brothers and sisters of both the whole and half blood, and gave in his will several legacies to his daughter for life, and at her death to her children, and if she died childless, then to his (the testator's) heirs of the full blood, and the daughter died... 1869 Cases   This is no longer good law for at least one of the points of law it contains.
  Hamilton V. Pleasants 31 Tex. 638, Supreme Court of Texas (January 01, 1869) The court has absolute control of all interlocutory judgments or orders in every case until the final judgment. In all sales made by an executor or an administrator he acts under the decretal order of the probate court, and the purchaser at his own peril is required to ascertain the grounds and authority of the fiduciary, not from his declarations... 1869 Cases    
  Haynes V. Bessellieu 25 Ark. 499, Supreme Court of Arkansas (June 01, 1869) This was a bill filed in the Drew circuit court, on the chancery side, by Eli K. Haynes, as administrator, de bonis non, of the estate of Collins F. Hemingway, deceased, against D. Oscar Bowles, and his wife, Carrie Bowles, formerly Carrie Hemingway, and widow of the deceased, and the former administratrix of his estate, and certain of the heirs at... 1869 Cases    
  In re Griffin 25 Tex.Supp. 623, Supreme Court of Texas (April 01, 1869) The district judge, sitting as a circuit judge, had discharged the prisoner, on the ground that the state judge, before whom the prisoner was convicted, was disqualified from holding office by the third section of the fourteenth amendment of the constitution of the United States. Pas. Annot. Const. p. 279. The question is as to the correctness of... 1869 Cases    
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