AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Dunn V. Bryan 38 Ga. 154, Supreme Court of Georgia (December 01, 1868) Upon the argument of this case, counsel for plaintiff in error, as we understood them, abandoned the assignments of error, except as to the eleventh item of the will of John Waters. And, indeed, we think the case of Riordon, guardian, vs. Holliday and wife, 8 Ga., 79, controls the case; except as to said eleventh item of the will. We cannot,... 1868 Cases    
  Ellis V. State 42 Ala. 525, Supreme Court of Alabama (June 01, 1868) [INDICTMENT FOR LIVING IN ADULTERY.] APPEAL from Circuit Court of Lee. Tried before Hon. ROBERT DOUGHERTY. 1868 Cases    
  Gartin V. Penick 5 Bush 110, Court of Appeals of Kentucky (April 24, 1868) This litigation between conflicting sections of a once harmonious, but now discordant body of Presbyterians, involves fundamental principles in church and State peculiar to our own jurisprudence, and essential to the purity of religion and to the civil liberty contemplated by the Constitutions of the Anglo-American Union and States. As early as the... 1868 Cases    
  Geiselman V. Brown 30 Tex. 760, Supreme Court of Texas (January 01, 1868) Article 1591, Pas. Dig., requires the appellant or plaintiff in error to file with the clerk of the court below an assignment of errors, distinctly specifying the grounds on which he relies, before he takes the transcript of the record from the clerk's office, and a copy of such assignment of errors shall be attached to and form a part of the... 1868 Cases    
  Goldsborough V. Cradie 28 Md. 477, Court of Appeals of Maryland (March 20, 1868) In the refusal of the Court below in this case, to allow the prayer of the defendant in the first exception, (designated in the record No. 2,) and the third prayer in the second exception, (designated No. 5,) referring to the non-joinder of Palmer as one of the plaintiffs, there is no cause of reversal, because in the progress of the case, the... 1868 Cases    
  Hall V. Keese 31 Tex. 504, Supreme Court of Texas (January 01, 1868) MORRILL, C. J. The constitution of the United States provides that no person shall be deprived of * * property without due process of law; that congress shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; to raise and support armies;... 1868 Cases    
  Hanna V. Guy 3 Bush 91, Court of Appeals of Kentucky (January 09, 1868) 1. A sale bond satisfies and merges the original judgment pro tanto, and, to that extent, the judgment cannot be enforced otherwise than by an execution on the sale bond. (McGee vs. Ellis & Browning, 4 Littell, 245; Brummel vs. Hurt, 3 J. J. Marshall, 709; Etlinger, &c., vs. Tansey, &c., 17 B. Mon., 366.) 2. If an officer levies an execution upon... 1868 Cases    
  Harrup V. Winslet 37 Ga. 655, Supreme Court of Georgia (June 01, 1868) The injunction granted in this case was not excepted to. The question is, did the Court exercise a prudent discretion in taking possession of this tract of worn-out land, in bad repair as a farm, and turning the administrator out? We think not. While it perhaps is true that the farm is not as well managed as it might be, still we think the facts do... 1868 Cases    
  Hawkins V. Humble 45 Tenn. 531, Supreme Court of Tennessee (April 01, 1868) This is an action commenced before a Justice of the Peace of Carroll County, upon the following obligation: On or before the 25th of December next, we or either of us, promise to pay N. C. Humble, the sum of one hundred and thirty dollars, for the hire of a boy, Joe. We promise to find him two winter suits, two pair of shoes and socks, wool hat... 1868 Cases    
  Herndon V. Henderson 41 Miss. 584, High Court of Errors and Appeals of Mississippi (April 01, 1868) 1. EVIDENCE: WHEN CONTRACT REDUCED TO WRITING IT BECOMES SOLE EXPONENT OF CONTRACT.-When a contract is reduced to writing, all oral altercations, propositions, offers, and conversations between the parties prior to its execution are inadmissible as evidence, and are merged into the writing, and that becomes the only exponent of what the contract... 1868 Cases    
  June V. Myers 12 Fla. 310, Supreme Court of Florida (January 01, 1868) 1. When a bill is filed, and a cause is at issue, and the nature of the case requires a statement of account by a master, and the master in his report simply recapitulates immaterial portions of the testimony, without stating an account, no decree can be based upon such report. 2. Where the appellate court cannot determine from the report of a... 1868 Cases    
  Lewis V. Wilkins Phil.Eq. 303, Supreme Court of North Carolina (January 01, 1868) Where an agreement was entered into between the owner of a farm and another person, by which the former was to furnish the farm to the latter for two years with the stock of hogs and cattle upon it, and mules, provisions and farming implements; and the latter was to give his personal attention to the farming operations, have the entire control of... 1868 Cases    
  Mclure V. Steele 14 Rich.Eq. 105, Court of Appeals of South Carolina (May 01, 1868) Grandchildren, whose father died in the lifetime of his father, represent their father in the distribution of the grandfather's estate, and must account for all advancements which the father would have been liable to account for if he had survived. In reference to advancements, the rights and liabilities of distributees are fixed at the death of... 1868 Cases    
  Miller V. Desha 3 Bush 212, Court of Appeals of Kentucky (February 05, 1868) 1. A claimant of attached property, who executes bond and retains possession of the property, has legal notice that a suit is pending to subject the property; and, if he remains quiescent, as to his claim, until, by judgment, the property is subjected to the attachment, he shall not be heard in a defense to the bond, nor on a suit for the recovery... 1868 Cases    
  Miller V. Gould 38 Ga. 465, Supreme Court of Georgia (December 01, 1868) When a contract was made between two citizens of the late Confederate States during the war, on the 12th July, 1862, payable three years after date, the consideration of which was Confederate Treasury notes, the only circulating currency in the country at that time, and which was recognized as lawful by the assumed authority which had the actual... 1868 Cases    
  Oertel V. Schroeder 48 Ill. 133, Supreme Court of Illinois (September 01, 1868) This was an action of assumpsit, brought by appellees in the Superior Court of Chicago, against appellant, for the recovery of the amount of a promissory note. The declaration contained a special count on the note and the common counts. To this declaration, appellant pleaded the general issue and two special pleas of the failure of the... 1868 Cases   This has some negative history but hasn’t been reversed or overruled.
  Parker V. State 31 Tex. 132, Supreme Court of Texas (January 01, 1868) Where there is no evidence of justification of a homicide, it is not error to tell the jury that the law of justification is not applicable. Pas. Dig. arts. 2225-2230. Where there is sufficient evidence to convict, the verdict will not be disturbed. Ante, 95. APPEAL from Galveston. The case was tried before Hon. JAMES LOVE, judge of the criminal... 1868 Cases    
  Pauska V. Daus 31 Tex. 67, Supreme Court of Texas (January 01, 1868) The 11th section of the act of 4th May, 1846, reads as follows: It from any cause no jury has been drawn, as contemplated in the preceding sections of this act, or no venire has issued, or the venire be quashed, or the array challenged, or whenever none of the jurors returned upon the venire are in attendance upon the court, the court shall... 1868 Cases    
  Pearce V. E.m. Bruce & Co. 38 Ga. 444, Supreme Court of Georgia (December 01, 1868) 1. When A, a warehouseman, files a bill against B and C, partners, also warehousemen, alleging that they, as factors for D, had, in conjunction with D, illegally got possession of certain cotton which had been stored with A by various persons, and had removed it out of this State, to be sold on D's account, and prayed that B and C be enjoined from... 1868 Cases    
  Pensacola & G.r. Co. V. Nash 12 Fla. 497, Supreme Court of Florida (January 01, 1868) 1. Where two juries have concurred in finding a verdict, it ought not to be set aside as against the weight of evidence; otherwise, when it is clearly against evidence. 2. Where the evidence is contradictory, making it the duty of the jury to decide upon the credibility of the witnesses, the court will not set aside a verdict as against the weight... 1868 Cases    
  Phelps V. Ratcliffe 3 Bush 334, Court of Appeals of Kentucky (May 25, 1868) 1. An attachment lien is created on the defendant's estate at the time it is placed in the hands of the officer. If the service of the attachment process is acknowledged by the defendant, as prescribed in section 76, Civil Code, a lien on his estate is created, and operates only from the time of such acknowledgment. 2. By amended pleadings,... 1868 Cases    
  Philips V. Commonwealth 19 Gratt. 485, Supreme Court of Appeals of Virginia (November 04, 1868) 1. On the 24th of June 1867 P. was committed by a justice of the peace, for examination, upon a charge of murder. The examining court commenced on the 2nd of July, and sent him on for trial before the Circuit court of the county. At the October term 1867, of the Circuit court, he was indicted for murder, and when he was arraigned he tendered a plea... 1868 Cases    
  Police Jury of Pointe Coupee V. Colomb 20 La.Ann. 196, Supreme Court of Louisiana, Docket Number 1591 (March 01, 1868) Appeal from the District Court, Parish of Iberville, Posey, J. 1868 Cases    
  Pollock V. Williams 42 Miss. 88, High Court of Errors and Appeals of Mississippi (October 01, 1868) 1. PARTNERSHIP: LIABILITY OF PARTNERS AS TO THIRD PERSONS WHEN LIMITED TO THE TERMS OF THE PARTNERSHIP. When, by the terms of a partnership, the liability of the partners is limited, and this is known to a third person, who contracts with a partner in a matter for which by the agreement between the partners he alone is responsible, the... 1868 Cases    
  Posey V. Driggs 20 La.Ann. 199, Supreme Court of Louisiana, Docket Number 1266 (March 01, 1868) Appeal from the District Court, Parish of West Feliciana, Cooley, J. 1868 Cases    
  Raymond V. Cook 31 Tex. 373, Supreme Court of Texas (October 01, 1868) Although there were many points raised by the pleadings, and on the trial of the cause in the court below, there is but one properly before this court for its revision, and that is, did the court err in deciding that the property of the husband conveyed to his wife, after his liability had accrued as a surety, was subject to the payment of that... 1868 Cases    
  Sanaker V. Cushwa 3 W.Va. 29, Supreme Court of Appeals of West Virginia (July 01, 1868) Absent, HARRISON, J. 1. Where the evidence of the witnesses examined on the trial, instead of the facts appearing to the court to have been proven by each, is stated in the bill of exceptions, this court cannot revise a judgment of the court below, unless by rejecting all the parol evidence for the exceptor, and giving full force and credit to that... 1868 Cases    
  Scheible V. Bacho 41 Ala. 423, Supreme Court of Alabama (January 01, 1868) [BILL IN EQUITY FOR CANCELLATION OF MORTGAGE, OR REDEMPTION.] APPEAL from the Chancery Court at Mobile. Heard before the Hon. N. W. COCKE. 1868 Cases    
  Slaback V. Cushman 12 Fla. 472, Supreme Court of Florida (January 01, 1868) 1. The proclamation of the President of the United States of January 1, 1863, known as the Emancipation Proclamation, was a military order founded upon a supposed military necessity, in a time of war, and became operative only when the Federal Government was enabled by the power of arms to enforce it. Appeal from the Circuit Court for Santa Rosa... 1868 Cases    
  State V. Harris 63 N.C. 1, Supreme Court of North Carolina (June 01, 1868) There being evidence that the deceased came to his death by the infliction of whippings by the prisoner, whilst the latter insisted that the death was caused by a burn of which there was an appearance on the abdomen, the testimony of a physician that in his opinion the burn was inflicted after death, was admissible in support of other evidence for... 1868 Cases    
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