Author | Title | Citation | Summary | Year | Type | Key Terms in Title or Summary | Case Status |
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In re Pittock |
2 Sawy. 416, District Court, D. Oregon (May 06, 1873) |
L. C. Potter made proof of a debt of $387.25 against the bankrupt's estate, to which the assignee objected on the ground that the claim was usurious and illegal. On April 10, 1873, the bankrupt and creditor were examined before the register in relation to the matter, from which it appeared that: On October 13, 1872, Potter came into Robert... |
1873 |
Cases |
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Johnston V. Janes |
48 Ga. 554, Supreme Court of Georgia (January 01, 1873) |
1. If a guardian purchase land, intending to receive a promissory note on other parties, from an administrator in whose hands is the estate in which his ward has a share, and to pay for the land with such note, the consideration of which, is the purchase money of the same land when sold by the administrator, and he does receive the note from the... |
1873 |
Cases |
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Maples V. Maples |
49 Miss. 393, Supreme Court of Mississippi (October 01, 1873) |
1. HABEAS CORPUS-FOR WHAT IT LIES.-The Code of 1871, § 1396, provides that the writ of habeas corpus shall extend to all cases of illegal confinement or detention whatever, by which any person is deprived of his liberty, or in which the rightful custody of any person is withheld from the person entitled thereto. By § 1400, the petition for the... |
1873 |
Cases |
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Marsh's Adm'r V. Richardson's Adm'r |
49 Ala. 430, Supreme Court of Alabama (June 01, 1873) |
Bill in Equity, to set aside Assignments of Distributive Interests, and remove Settlement of Decedent's Estate from Probate Court. APPEAL from the Chancery Court of Dallas. Heard before the Hon. CHARLES TURNER. |
1873 |
Cases |
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Moss V. Moorman's Adm'r |
24 Gratt. 97, Supreme Court of Appeals of Virginia (November 26, 1873) |
1. A personal representative is not warranted in receiving a specie debt due to the decedent's estate in a greatly depreciated currency, such as was Confederate currency in May and July 1863, unless there be something in the condition of the debt, or in the state of the demands of creditors or legatees of the estate, or otherwise, which makes it... |
1873 |
Cases |
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Nettles V. Mccown |
5 S.C. 43, Supreme Court of South Carolina (September 13, 1873) |
An administrator deposited in bank, in March, 1860, $442.20 in bank bills, which he held for a distributee, and allowed them to remain on deposit until 1863, when he took them into his own possession, and having made use of some, retained $200 thereof until his death, in 1868, when they were sold by his administratrix at 27 cents on the dollar:... |
1873 |
Cases |
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Pierre V. Fontenette |
25 La.Ann. 617, Supreme Court of Louisiana, Docket Number 4757 (November 01, 1873) |
Appeal from the Probate Court, parish of St. Martin. Fournet, J. |
1873 |
Cases |
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Pope V. Whitehead |
68 N.C. 191, Supreme Court of North Carolina (January 01, 1873) |
Two questions are made in this case: 1. Upon the construction of the will of Joseph Whitehead. 2. As to the right of a tenant in common, who has made improvements on the common land, to be allowed for them on a partition. 1. The material parts of the will are as follows: I will and bequeath to my living wife, Sally, all my lands which I may die... |
1873 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Ragacini V. Skilbeck |
Court of Appeals of Kentucky (January 07, 1873) |
This record contains two judgments against the appellant, one in favor of Albert S. Berry and the other in favor of Skilbeck and wife, and this appeal is prosecuted from both judgments. The appellant leased from Skilbeck and wife certain real estate in the city of Newport for the period of six years from the 19th of January, 1864, at a yearly rent... |
1873 |
Cases |
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Richardson V. Miller |
48 Miss. 311, Supreme Court of Mississippi (April 01, 1873) |
1. ESTATES-JOINT TENANCY.-Joint tenancy is created by the same instrument as a deed or will, and involves a unity of title and interest as to its nature, duration and quantity. Each tenant is seized of the whole and of every part, and each may exercise all reasonable acts of ownership. Litt. 288; Co. Litt. 186; 4 Kent Com. 394. If there be three... |
1873 |
Cases |
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Simonton V. Bacon |
49 Miss. 582, Supreme Court of Mississippi (October 01, 1873) |
1. CHANCERY-REDUNDANCY IN A BILL.-If a bill, considered as a whole, shows a good cause of action, it cannot be defeated on demurrer, because there is injected into it, aliegations which are redundant and irrelevant. 2. EFFECT OF UNDUE INFLUENCE UPON ONE OF FEEBLE INTELLECT.-Where one of a feeble understanding enters into a contract with a person in... |
1873 |
Cases |
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Spencer V. Board of Registration |
1 MacArth. 169, Supreme Court, District of Columbia, Docket Number 8468 (September 01, 1873) |
I. Male citizens only can exercise the elective franchise in the District of Columbia. II. The elective franchise is not a natural right and is made to rest, in the United States, upon the authority of law which defines the qualifications of those citizens who may exercise it. III. By the first clause of the fourteenth amendment the plaintiff and... |
1873 |
Cases |
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State V. Malone |
49 Ga. 221, Supreme Court of Georgia (July 01, 1873) |
Indictment for murder, verdict of guilty, and motion for a new trial. And now comes the defendant, by his attorneys at law, and moves the Court to set aside the verdict rendered in the above cause, and to grant him a new trial upon the following grounds, of which he knew nothing until about September 20th, 1873, and which came to his knowledge on... |
1873 |
Cases |
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Swayne V. Vance |
28 Ark. 282, Supreme Court of Arkansas (December 01, 1873) |
William Vance, as executor of M. B. Winchester, deceased, sold to John Swayne and Bryant Duncan, both of whom are and were dead at the commencement of this suit, a certain tract of land in Crittenden county, which is described in the title bond as follows: The south fractional half of fractional section twenty-nine, and that part of the Elizabeth... |
1873 |
Cases |
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U.s. V. Anthony |
11 Blatchf. 200, Circuit Court, N.D. New York (June 18, 1873) |
The defendant [Susan B. Anthony], a female, was indicted for a violation of the 19th section of the act of May 31st, 1870 (16 Stat. 144), which provides, that if, at any election for representative * * * in the congress of the United States, any person shall knowingly * * * vote without having a lawful right to vote, * * * every such person shall... |
1873 |
Cases |
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U.s. V. Given |
25 F.Cas. 1324, Circuit Court, D. Delaware (January 01, 1873) |
This was an indictment against Archibald Given for violation of Act May 31, 1870 (16 Stat. 140). There was a verdict of guilty, and the case is now heard upon motion in arrest of judgment. |
1873 |
Cases |
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Walsh V. Lallande |
25 La.Ann. 188, Supreme Court of Louisiana, Docket Number 4526 (March 01, 1873) |
Appeal from the Seventh Judicial District Court, parish of Pointe Coupée. Butler, J. |
1873 |
Cases |
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Washington, A. & G.r. Co. V. Brown |
84 U.S. 445, Supreme Court of the United States (October 01, 1873) |
1. An act of Congress, in cases of a suit against a railroad company which it incorporated, authorized service of process on any director of the company. On a suit brought, the marshal made a return of service, July 6th, 1868, on J. S., reputed to be one of the directors of the company. The record showed that on the 5th of May, 1866, J. S. was,... |
1873 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Wood V. State |
48 Ga. 192, Supreme Court of Georgia (January 01, 1873) |
1. A married man, known by a female of ordinary sense to be such, may be guilty of the crime of seducing said female, but under section 4305 of the Revised Code, which provides that any person, who, by persuasion and promise of marriage, or other false and fraudulent means, shall seduce, etc., a married man, known by the woman to be such, cannot,... |
1873 |
Cases |
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Alexander V. Summey |
66 N.C. 577, Supreme Court of North Carolina (January 01, 1872) |
The testator left a widow and four children. He gives first, $2,500 to his youngest son, Peter. He then gives a legacy to his widow, and then divides the residue to his four children, including Peter share and share alike, his oldest son George to account for an advancement to him. The widow is dead, so that it would simplify the statement to say... |
1872 |
Cases |
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Anderson V. Green |
46 Ga. 361, Supreme Court of Georgia (July 01, 1872) |
1. Where a verdict is plain and unmistakable in its terms and legal effect, it is error in the Court to permit counsel for the party against whom the verdict is rendered to interrogate the jury, on the reading of the verdict by the Clerk, as to what they intended by their verdict. The verdict in such a case not being ambiguous must speak for... |
1872 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Batchelor V. Macon |
67 N.C. 181, Supreme Court of North Carolina (June 01, 1872) |
A purchaser is never compelled to pay up the purchase money and to accept a doubtful title; he is not required to do so, although the fullest indemnity by way of general warranty be tendered. Upon the opening of the argument it seemed clear that, on the case agreed, the questions growing out of the construction of Mrs. Faulcon's will were worthy of... |
1872 |
Cases |
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Burns V. State |
48 Ala. 195, Supreme Court of Alabama (June 01, 1872) |
[INDICTMENT FOR SOLEMNIZING RIGHTS OF MATRIMONY CONTRARY TO LAW.] APPEAL from the City Court of Mobile. Tried before Hon. C. F. MOULTON. |
1872 |
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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Busby V. Lynn |
37 Tex. 146, Supreme Court of Texas (January 01, 1872) |
Notwithstanding the judgment in this cause fails to show that notice of an appeal was given as required by law, yet the bill of exceptions sets out the fact, that notice of appeal to the Supreme Court was given in open court, and the presiding judge has signed the same as a true bill of exceptions, and this establishes the fact beyond controversy,... |
1872 |
Cases |
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Colquitt & Baggs V. Tarver |
45 Ga. 631, Supreme Court of Georgia (July 01, 1872) |
Where property has been mortgaged, which is subject to the support of the mother of the mortgagors during her natural life, and proceedings are instituted to foreclose by the mortgagees, there is no good legal or equitable ground why the mortgages should not be foreclosed, as between the mortgagors and mortgagees, as such proceedings will not in... |
1872 |
Cases |
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Dennis V. Weekes |
46 Ga. 514, Supreme Court of Georgia (July 01, 1872) |
The first question which I will consider in this case is, were the sayings of Weekes to Mr. and Mrs. Dennis properly rejected as evidence in chief? Weekes was the propounder of the will and a legatee under it, at least to the extent of an acquittance in full for debts he may have incurred to the testator during his long management of his property,... |
1872 |
Cases |
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Doane V. Glenn |
1 Colo. 495, Supreme Court of Colorado Territory (February 01, 1872) |
Plaintiffs in error commenced suit by attachment in the district court of the county of Weld, on the 22d day of September, 1870, against Oliver S. Glenn and Rufus E. Talpey, for the sum of $7,000. A writ of attachment was issued, directed to the sheriff of said county, which was, on the 23d day of September, 1870, levied on the following described... |
1872 |
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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Durham V. State |
45 Ga. 516, Supreme Court of Georgia (January 01, 1872) |
The only assignment of error we deem it necessary to notice in this case is the refusal of the Court to permit the prisoner, after the State had shown his unpopularity with his own race in the neighborhood, to prove the cause of the ill-feeling towards him. In this we think the Court erred, the more especially as the only witness who testified to... |
1872 |
Cases |
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Everett V. Southern Exp. Co. |
46 Ga. 303, Supreme Court of Georgia (July 01, 1872) |
1. Where an action was pending on a contract made before the first of June, 1865, and no tax affidavit of taxes paid was made as required by the Act of October 13, 1870, and no motion was made to dismiss for such failure, and a trial was had on the merits, it is too late, after a verdict for the plaintiff, to move for a new trial, on the ground... |
1872 |
Cases |
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Gaines V. Shelton |
47 Ala. 413, Supreme Court of Alabama (January 01, 1872) |
[ACTION ON PROMISSORY NOTE.] APPEAL from the Circuit Court of Greene. Tried before the Hon. LUTHER R. SMITH. |
1872 |
Cases |
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This is no longer good law for at least one of the points of law it contains. |