Author | Title | Citation | Summary | Year | Type | Key Terms in Title or Summary | Case Status |
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In re Vanderveer's Will |
20 N.J. Eq. 463, Prerogative Court of New Jersey (May 01, 1869) |
In this case, the fact of the execution of the will is clearly proved by three witnesses, the two subscribing witnesses, Naylor and Wight, and F. F. Cornell, the executor, who offers it for probate. They also prove the testamentary capacity of the testator; in fact, the general capacity of the testator, although he was about eighty-eight years old,... |
1869 |
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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Jacoway V. Denton |
25 Ark. 625, Supreme Court of Arkansas (December 01, 1869) |
The appellee brought an action of debt against W. D. Jacoway, as the administrator of Benjamin J. Jacoway, deceased, on a lost writing obligatory for $4,500, with interest thereon at ten per cent. from the 4th of October, 1861. The defendant, in the court below, filed two special pleas, and after his removal as administrator, and the appellant's... |
1869 |
Cases |
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Kelley V. State |
25 Ark. 392, Supreme Court of Arkansas (June 01, 1869) |
At the October term, 1866, of the Pulaski circuit court, the appellant, and one Phillips, were jointly indicted for robbery. The indictment charges that one Kelley, and one Phillips, whose christian or first names are unknown to the grand jurors, &c. On the 27th day of the same month, both the defendants, in person, and by attorney,... |
1869 |
Cases |
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King V. State |
40 Ga. 244, Supreme Court of Georgia (December 01, 1869) |
1. An indictment for bigamy must allege that the first marriage was lawful, or set forth such facts as will amount to such an allegation. 2. The Act of March 7, 1866, (Code, 1665,) confirms, for all civil purposes, the marriage of persons of color, living together as man and wife at the date of the Act, and if, after said Act, such persons continue... |
1869 |
Cases |
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Leonard V. Wiseman |
31 Md. 201, Court of Appeals of Maryland (June 30, 1869) |
This is an appeal from a pro forma order of the Superior Court directing a mandamus to issue against the appellant, as Comptroller of the Treasury, requiring him to issue his warrant upon the Treasurer to pay to the appellee three hundred dollars for bounty alleged to be due him under the bounty laws of the State. The facts as set forth in the... |
1869 |
Cases |
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Mcnealy V. Gregory |
13 Fla. 417, Supreme Court of Florida (January 01, 1869) |
1. The courts of this State derive their jurisdiction from the State constitution. They cannot assume jurisdiction not granted, or which is denied, although the effect may be that the obligation of a contract cannot be enforced. The jurisdiction of the courts is no part of the obligation of a contract. The last clause of section 26, article xvi. of... |
1869 |
Cases |
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Milly V. Harrison |
47 Tenn. 191, Supreme Court of Tennessee (December 01, 1869) |
This cause has been once before this Court upon appeal from an interlocutory decree of the Chancery Court of Williamson county, and is reported in 3 Head, 728, under the title of Stephenson vs. Harrison. The object of the litigation is to determine the rights of the parties interested in the estate of Samuel Winstead, who died in 1851, leaving a... |
1869 |
Cases |
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Mitchener V. Atkinson |
63 N.C. 585, Supreme Court of North Carolina (June 01, 1869) |
When this case was before us at June Term 1866, (Phil. Eq. 23,) the plaintiff's counsel took the position that a widow was to be looked upon as a purchaser for valuable consideration, and the legacy of $20,000 was entitled to preference over all other legacies and devises. He rested the case on that position, and supported it by many authorities... |
1869 |
Cases |
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Moore V. Moore's Adm'r |
Court of Appeals of Kentucky (April 26, 1869) |
By the amended report of the commisisoner, filed June 20, 1860, it appears that the interest of M. P. Moore in his deceased father's estate was sold subject to the debts due from him to E. L. Cockrell in his own right and as administrator of Lewis Moore, deceased. By the former report it appeared that Andrew Shepherd purchased the interest in the... |
1869 |
Cases |
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Morgan V. Nelson |
43 Ala. 586, Supreme Court of Alabama (June 01, 1869) |
[FINAL SETTLEMENT OF ADMINISTRATION.] APPEAL from the Probate Court of Dallas. Tried before the Hon. J. F. CONOLEY. |
1869 |
Cases |
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Nance V. Nance |
1 S.C. 209, Supreme Court of South Carolina (October 09, 1869) |
The authorities in this State show that a guardian or other trustee. having funds to invest, may loan them to private persons, provided he takes security. Primarily it is his duty to take, as security, mortgages of unincumbered real estate, of value sufficient to make the fund safe; and it is only where such real security cannot, with reasonable... |
1869 |
Cases |
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People V. Washington |
36 Cal. 658, Supreme Court of California (January 01, 1869) |
The defendant was indicted for the crime of robbery. The person alleged to have been robbed was a Chinaman named Ah Wang. The indictment was found exclusively upon the testimony of Chinese witnesses, and for that reason counsel for the defendant moved to set it aside. Thereupon, for the purpose of disposing of the whole case, as well as the motion,... |
1869 |
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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Powell V. Boon |
43 Ala. 459, Supreme Court of Alabama (June 01, 1869) |
[MOTION TO VACATE AND DECLARE NULL AND VOID A JUDGMENT OF AFFIRMANCE OF THE SUPREME COURT, AND TO EXPUNGE THE ENTRY THEREOF FROM THE RECORDS.] |
1869 |
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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Sampley V. Watson |
43 Ala. 377, Supreme Court of Alabama (June 01, 1869) |
[BILL IN EQUITY TO ENFORCE VENDOR'S LIEN.] APPEAL from the Chancery Court of Lowndes. Heard before the Hon. N. W. COCKE. |
1869 |
Cases |
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Sandidge V. Sanderson |
21 La.Ann. 757, Supreme Court of Louisiana, Docket Number 2473 (December 01, 1869) |
Appeal from the Tenth Judicial District Court for the parish of Bossier. Weems, J. |
1869 |
Cases |
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Sims V. Sims |
39 Ga. 108, Supreme Court of Georgia (June 01, 1869) |
1. Our Code, sections 2538 to 2542, settles, with precision, that a child, who has received advancements, shall account for them if he proposes to come in as a distributee, and that advancements shall be estimated at their value at the time they were received, unless there was a value fixed at the time, by agreement. The fact that an advancement... |
1869 |
Cases |
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Skillin V. Loyd |
46 Tenn. 563, Supreme Court of Tennessee (September 01, 1869) |
In this cause, a construction of the following clause in the Will of Valentine Spring, is sought, to-wit: I give and bequeath to Julia Frances Spring, (wife of my nephew, B. F. Spring,) and the heirs of her body, for her own sole and separate use during her natural life, the tract of land she now lives on, containing, by estimation, three hundred... |
1869 |
Cases |
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State V. Hairston |
63 N.C. 451, Supreme Court of North Carolina (June 01, 1869) |
The provisions of the Act (Rev. Code, c. 68, s. 7) declaring intermarriages between whites and persons of color to be void, are still in force in this State; not having been affected by recent changes of the Constitution of the State, or of the United States; or by the Civil Rights Bill. (S. v. Underwood, 63 N.C. 98, cited and approved.) INDICTMENT... |
1869 |
Cases |
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Tayloe V. Johnson |
63 N.C. 381, Supreme Court of North Carolina (January 01, 1869) |
In construing a will, the chief object being to ascertain the meaning of the testator, words may be supplied or abstracted, grammatical arrangement disregarded, and clauses transposed; therefore, Where the context requires it, oldest may be read, youngest. Where a testator in 1861, provided that Hellen... |
1869 |
Cases |
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Tobler V. Stubblefield |
32 Tex. 188, Supreme Court of Texas (January 01, 1869) |
1. It was error to render a judgment by default when the citations were made returnable on a day other than that on which the court was to be holden according to law. 2. Where the petition misdescribed the date of the note sued on, a judgment by default was set aside, with leave to the plaintiff to correct the misdescription by amendment. 3. A note... |
1869 |
Cases |
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U.s.a. V. Lucero |
1 N.M. 422, Supreme Court of the Territory of New Mexico (January 01, 1869) |
{1} On the thirteenth day of July, 1867, the United States, by S. B. Elkins, her attorney, instituted a suit in the first judicial district court, for the of Santa Ana county, New Mexico, said county being within the tenth judicial district for the territory of New Mexico. {2} This suit is an action of debt on statute, and the statute upon which it... |
1869 |
Cases |
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Wheless V. Espy |
47 Tenn. 237, Supreme Court of Tennessee (December 01, 1869) |
In 1827, Oliver C. Johnson married Melissa Clay, the daughter of Joshua Clay. Melissa Johnson gave birth to a child, which died in 1829. In the year previous to the death of the child, the mother Melissa, died. Previous to the marriage of Melissa with Johnson, her father Joshua Clay, had given to her the girl Harriet, in controversy in this suit.... |
1869 |
Cases |
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Winter V. Quarles' Adm'rs |
43 Ala. 692, Supreme Court of Alabama (June 01, 1869) |
[BILL IN EQUITY TO SUBJECT SEPARATE ESTATE OF A MARRIED WOMAN TO PAYMENT OF A PROMISSORY NOTE MADE BY HER, AND ENDORSED BY HER, AND BY HER HUSBAND AND TRUSTEE.] APPEAL from the Chancery Court of Montgomery. Heard before the Hon. N. W. COCKE. |
1869 |
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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Wolf V. State |
19 Ohio St. 248, Supreme Court of Ohio (December 01, 1869) |
1. It is sufficient, in an indictment for manslaughter, to charge the crime in accordance with the provisions of the 92d section of the Code of Criminal Procedure. That section is not repugnant to the constitution of the State. 2. Where an officer, authorized by statute to make arrests without a warrant, finds a person in the act of committing a... |
1869 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Bankhead V. Alloway |
46 Tenn. 56, Supreme Court of Tennessee (December 01, 1868) |
This bill is filed by the complainant, as the surviving partner of the late firm of McGregor & Bankhead, at New Orleans, and of James Bankhead & Co., at Nashville; and also surviving partner of the late firm of McGregor, Alloway & Co., at New Orleans, and N. E. Alloway & Co., at Nashville, against the defendant, Nathaniel E. Alloway. It is an... |
1868 |
Cases |
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Bradford V. Howell |
42 Ala. 422, Supreme Court of Alabama (January 01, 1868) |
[CONVERSION--CONSTRUCTION OF DEED.] APPEAL from the Circuit Court of Cherokee. Tried before Hon. W. J. HARRALSON. |
1868 |
Cases |
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Clark V. Board of School Directors |
24 Iowa 266, Supreme Court of Iowa (April 14, 1868) |
In view of the principle of equal rights to all, upon which our government is founded, it would seem necessary, in order to justify a denial of such equality of right to any one, that some express sovereign authority for such denial should be shown. But it is claimed, that, since the board of directors are authorized and empowered to have as many... |
1868 |
Cases |
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Clayton V. Akin |
38 Ga. 320, Supreme Court of Georgia (December 01, 1868) |
1. The legacy of $1,000 00 to the executor is, in every aspect of it, a general legacy; and as to abatement, in case of a deficiency of assets, must take its fate as such. It has been argued that the terms of the bequest are such that the legatee, in this case, is not a volunteer, but stands upon the footing of a purchaser. The authorities are... |
1868 |
Cases |
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Coffin V. Bramlitt |
42 Miss. 194, High Court of Errors and Appeals of Mississippi (October 01, 1868) |
1. GUARDIAN AND WARD: CONCLUSIVENESS OF ANNUAL ACCOUNTS: CANNOT BE IMPEACHED BY PAROL. Annual accounts of guardians are conclusive against them in the court where rendered, and can only be set aside by due course of procedure; inaccuracies in such accounts, arising from inadvertence, oversight, miscalculation, or palpable mistake, may, in... |
1868 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Coolidge V. Burnes |
25 Ark. 241, Supreme Court of Arkansas (December 01, 1868) |
In this case Samuel L. Burnes, who sued for the use of Garrison Bush, brought an action of assumpsit in the Phillips circuit court, at the June term, 1866, against Henry P. Coolidge and Charles B. Coolidge, partners under the name and style of H. P. Coolidge & Son, on two bills of exchange, drawn by one Alexander G. Clements, on and accepted by H.... |
1868 |
Cases |
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