AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Commonwealth V. Palmer 2 Bush 570, Court of Appeals of Kentucky (October 05, 1866) 1. The declaration of martial law in Kentucky, whether right or wrong, valid or void, neither suspended the constitution of the United States nor stifled the laws of this State; and what that constitution and those laws, constitutionally enacted, denounced as a crime, martial law did not legalize. 2. A Major General of the U. S. Army, who, as... 1866 Cases    
  Coston V. Coston 25 Md. 500, Court of Appeals of Maryland (July 17, 1866) A writ of error may be brought in criminal as well as civil causes. It has no peculiar power which gives it a wider range or greater effect than an appeal in the latter. They are but different modes of accomplishing the same thing. The review of judgments of Courts of original and inferior jurisdiction, by a Court of appellate jurisdiction. The one... 1866 Cases   This is no longer good law for at least one of the points of law it contains.
  Cutliff V. Battle 18 La.Ann. 570, Supreme Court of Louisiana (August 01, 1866) Appeal from the District Court, Parish of Caddo, Weems, J. 1866 Cases    
  Desloge V. Pearce 38 Mo. 588, Supreme Court of Missouri (October 01, 1866) This was an action of ejectment for the possession of land in which the defendants were working a lead mine. The answer denies the plaintiffs' right to the possession, or to damages. It alleges by way of defence, first, a grant from the ancestors of the plaintiffs to one of the defendants, in 1835, for mining lead ore, with authority to sink shafts... 1866 Cases    
  Ex Parte Millwee 24 Ark. 364, Supreme Court of Arkansas (December 01, 1866) The point in this case settled in Dorris v. Grace, supra. This is an application for mandamus against the Hon. Augustus N. Hargroves, judge of the 9th judicial circuit of this state, to compel him to grant an injunction, which, it appears by the endorsement on the bill, now filed with the petition in this case, he refused to grant. From the bill of... 1866 Cases    
  Ferdinand V. State 39 Ala. 706, Supreme Court of Alabama (January 01, 1866) [INDICTMENT FOR OBTAINING GOODS UNDER FALSE PRETENSES.] FROM the City Court of Mobile. Tried before the Hon. H. CHAMBERLAIN. 1866 Cases    
  Freeman V. Bass 34 Ga. 355, Supreme Court of Georgia (June 01, 1866) [1.] Confederate notes received by the holder and entered as a credit on a promissory note, is a valid payment. [2.] The entry of a credit, dated in 1863, on a promissory note, is not prima facie evidence that such payment was mode in Confederate notes. [3.] Cases pending in the District Courts of the United States for Georgia, at the time the... 1866 Cases    
  Hardin V. Pelan 41 Miss. 112, High Court of Errors and Appeals of Mississippi (October 01, 1866) 1. MARRIED WOMEN: CONTRACTS OF.As a general rule, a married woman can make no contract, and her promises are primâ facie void. 2. PLEADING: PLEA OF COVERTURE.It is not necessary that a plea of coverture should negative all the facts and circumstances, the existence of which would render a contract binding upon a married woman;... 1866 Cases    
  Hastings V. Earp Phil.Eq. 5, Supreme Court of North Carolina (June 01, 1866) The will of the testator consists of only five short dispositive clauses, yet the plaintiff's counsel suggests several difficulties which have arisen as to the proper construction of it, upon which he asks our advice and direction: 1. In the first clause of the will the testator gives his wife twenty dollars in money and several personal chattels,... 1866 Cases    
  Henderson, Kirtland, North & Platt V. Haddon, Slager & Co. 12 Rich.Eq. 393, Court of Appeals of South Carolina (May 01, 1866) An assignment by one member of a firm of the effects of the firm, for the benefit of creditors, held fraudulent, because of improper provisions of the instrument and the circumstances under which it was concocted and executed. Partnership creditors, whose demands were not due, held to have no equity to injoin separate creditors of a partner from... 1866 Cases    
  Henly V. Franklin 43 Tenn. 472, Supreme Court of Tennessee (December 01, 1866) This is a motion to revive a judgment rendered in the County Court of Sumner, in March, 1861, for $1.578, in favor of J. L. Bugg, Clerk and Commissioner, against the defendants. The Court refused the application, and an appeal in error is prosecuted to this Court. The facts necessary to be noticed, are as follows: John Henly, the father of the... 1866 Cases    
  Jeffries V. State 39 Ala. 655, Supreme Court of Alabama (January 01, 1866) [INDICTMENT FOR LARCENY OF MULE.] FROM the Circuit Court of Greene. Tried before the Hon. JAMES COBBS. 1866 Cases    
  Johnson V. Osborne Phil.Eq. 59, Supreme Court of North Carolina (June 01, 1866) In the 4th item of his will the testate provides for raising three shares, to be allotted to the children of his three deceased daughters; such children to re?? resent their mothers respectively; each set to take o?? share, and the share of each set to be assigned by drawin?? lots. The three shares were to be made up as follows: Division, No. 3,... 1866 Cases    
  Lawson V. Cunningham 34 Ga. 523, Supreme Court of Georgia (June 01, 1866) I shall address myself exclusively to the question of jurisdiction as it disposes of the case, at least for the present, and, as it will be seen in the course of this opinion, not for the purpose of avoiding labor in examining the twenty-four grounds taken on the motion for a new trial, but for defending and protecting an important right guaranteed... 1866 Cases   This has some negative history but hasn’t been reversed or overruled.
  Lemmon V. Hanley 28 Tex. 219, Supreme Court of Texas (January 01, 1866) A defendant may plead as many pleas as he desires, but each should be complete of itself, or at least the whole answer should, if true, present a valid defense to the plaintiff's action. Pas. Dig. art. 1441, note 548. To a suit on a promissory note executed to payee or bearer and sued on by the bearer, the defendants plead that the plaintiff... 1866 Cases    
  Malone V. Mooring 40 Miss. 247, High Court of Errors and Appeals of Mississippi (April 01, 1866) 1. LEGACIES: DEMONSTRATIVE.-A demonstrative legacy is one, where the fund out of which it is payable, or the thing bequeathed, is not specified and distinguished from all others of the same kind. It is so far general in its character, that if the fund fail out of which it is to be paid, the legatee will be entitled to receive his legacy out of the... 1866 Cases    
  Manning V. Manning 12 Rich.Eq. 410, Court of Appeals of South Carolina (May 01, 1866) The testator devised and bequeathed his estate to his ten children, by name, to be equally divided between them, and then directed that such of them as have received property from me will account to my estate for so much:Held, that such of the children as had received property from the testator were bound to account for the... 1866 Cases    
  Mccampbell V. Farnsworth 43 Tenn. 317, Supreme Court of Tennessee (September 01, 1866) This is a writ of error, prosecuted to reverse a decree of the Chancellor, dismissing the bill for the want of equity. The cause was heard on bill and answer, and the exhibits therewith, filed. The material facts involved in the case, and necessary to be noticed, are briefly as follows: James Temple died intestate, in 1821, leaving a widow and... 1866 Cases    
  Mccormick V. Mccormick 40 Miss. 760, High Court of Errors and Appeals of Mississippi (October 01, 1866) 1. EMBLEMENTS.-Emblements are defined to be the growing crops of those vegetable productions of the soil, which are annually produced by the labor of the cultivator. 2. EMBLEMENTS: HEIR AND PERSONAL REPRESENTATIVES: TO WHOM ENTITLED AT COMMON LAW AND BY STATUTE.-At common law, upon the death of the owner in fee of land, the growing crops thereon... 1866 Cases    
  Melius V. Houston 41 Miss. 59, High Court of Errors and Appeals of Mississippi (October 01, 1866) 1. PRACTICE: HIGH COURT OF ERRORS AND APPEALS.The High Court of Errors and Appeals will not review the action of the court below in overruling a motion for a new trial, which appears only in the bill of exceptions. 2. ATTACHMENT: TRIAL OF RIGHT OF PROPERTY MAY BE HAD BEFORE JUDGMENT ON THE ATTACHMENT.The right of property, levied on... 1866 Cases    
  Miller V. Physick 24 Ark. 244, Supreme Court of Arkansas (December 01, 1866) The act of signing and sealing a deed gives it no effect without delivery, which is a substantive, specific and independent act: and so where a deed is executed by several, and found among the papers of one of the obligors, after his death, and delivered to the obligee by a stranger, without explanation, or proof of other delivery, there is no such... 1866 Cases    
  Miller V. State 40 Ala. 54, Supreme Court of Alabama (June 01, 1866) [INDICTMENT FOR GRAND LARCENY.] FROM the Circuit Court of Sumter. Tried before the Hon. JAMES COBBS. 1866 Cases    
  Mitchell V. De Schamps 13 Rich.Eq. 9, Court of Appeals of South Carolina (December 01, 1866) Where there was no dispute about the facts, but only as to the legal consequences of those facts, and the parties, by a general submission of all matters in dispute in relation, &c., referred the matter to arbitration: Held, that the losing party was bound by the award, even though the arbitrators had plainly mistaken the law... 1866 Cases    
  Moseley V. Anderson 40 Miss. 49, High Court of Errors and Appeals of Mississippi (January 01, 1866) 1. SHERIFF: LEVY UPON EXEMPT PROPERTY: PROCESS UNDER WHICH SHERIFF ACTS, EVIDENCE FOR.In an action brought against a sheriff, for a levy upon personal property exempt from execution, the record of the suit in which the property was seized, is admissible as evidence to show the authority under which he acted, and to lay the foundation for... 1866 Cases    
  Mullins V. Cottrell 41 Miss. 291, High Court of Errors and Appeals of Mississippi (October 01, 1866) 1. LAST WILL AND TESTAMENT: INSANITY: DELUSION, WHAT.Whenever a person conceives something extravagant to exist, which has no existence whatever but in his own heated imagination, and is incapable of being permanently reasoned out of the existence of such conception, such a person is said to be under a delusion. 2. SAME: SAME.No... 1866 Cases    
  Mundy V. Calvert 40 Miss. 181, High Court of Errors and Appeals of Mississippi (April 01, 1866) 1. EXECUTORS AND ADMINISTRATORS: PROBATE COURT: PLEADING AND PRACTICE: DISTRIBUTION.-In a proceeding in the Probate Court for distribution under the statute, it is not contemplated or required that the strict rules of pleading should be conformed to. The court should proceed as in cases of final account, the object being to ascertain the amount... 1866 Cases    
  Phillips V. Evans 38 Mo. 305, Supreme Court of Missouri (July 01, 1866) I. The Circuit Court erred in sustaining the motion to strike out. The practice act, it is believed, never contemplated that such motion would be resorted to in any case where a demurrer alone, under the ancient practice, would properly lie. II. It is insisted that the bill of sale referred to in the answer (the material part of which is quoted... 1866 Cases    
  Richardson V. Manning 12 Rich.Eq. 454, Court of Appeals of South Carolina (May 01, 1866) The testator devised the residue of his estate, real and personal, to his executors in trust, that they keep the same together during the joint lives of my two brothers J. and T., and that they divide the net proceeds annually between my said two brothers, share and share alike; subject, nevertheless, to the payment of fifty dollars per... 1866 Cases    
  Riley V. Martin 35 Ga. 136, Supreme Court of Georgia (December 01, 1866) The Deputy Marshal of the State, having in his hands an execution issuing from the District Court of the United States, in favor of A against Blevies the same on the property of C, which he sells, and appropriates the proceeds to A, the plaintiff. Held, that an action of Trover will lie at the instance of C, against the Deputy... 1866 Cases   This has some negative history but hasn’t been reversed or overruled.
  Rust V. Reives 24 Ark. 359, Supreme Court of Arkansas (December 01, 1866) In an action against the maker of a note payable at a particular place, it is not necessary to aver or prove a demand at that place. Where the circuit court has ordered an execution, in an attachment case, this court will presume that the law providing that a bond be filed by the plaintiff has been complied with. Error to Drew Circuit Court. Hon.... 1866 Cases    
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