Author | Title | Citation | Summary | Year | Type | Key Terms in Title or Summary | Case Status |
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Susquehanna Boom Co. V. Finney |
58 Pa. 200, Supreme Court of Pennsylvania (March 26, 1868) |
1. A boom company was bound to maintain a boom, keep guard of lumber going into it, to have the logs that were rafted out counted by a measurer appointed by the court--the logs to be marked, and the company to receive tolls. A number of logs passed into the boom of which two persons claimed the ownership. In replevin by one of them against the... |
1868 |
Cases |
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The State of Texas V. White & Chiles |
25 Tex.Supp. 465, Supreme Court of Texas (December 01, 1868) |
The word state describes sometimes a people or community of individuals united more or less closely in political relations, inhabiting temporarily or permanently the same country; often it denotes only the country, or territorial region, inhabited by such a community; not unfrequently it is applied to the government under which the people live; at... |
1868 |
Cases |
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Thompson V. Warren |
45 Tenn. 644, Supreme Court of Tennessee (December 01, 1868) |
This is an action brought by the defendant in error, before a Justice of the Peace of the County of Williamson, on a promissory note for $300, dated the 29th of December, 1859, due twelve months after date. There was a judgment rendered against the defendant in error, before the Justice; and an appeal was taken to the Circuit Court, in which there... |
1868 |
Cases |
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Walker V. Stringfellow |
30 Tex. 570, Supreme Court of Texas (January 01, 1868) |
During the marriage the husband has the sole management of the separate property of his wife. Pas. Dig. art. 4641. But if the husband separate from the wife, and leave her to the management of her property, and he does not contribute to her support and maintenance, such a condition of affairs invests her with authority to sell her property without... |
1868 |
Cases |
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Wilson V. Armstrong |
42 Ala. 168, Supreme Court of Alabama (January 01, 1868) |
[ACTION ON PROMISSORY NOTE BY PAYEE AGAINST MAKER.] APPEAL from the Circuit Court of Henry. Tried before Hon. H. D. CLAYTON. |
1868 |
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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Woodward V. Gates |
38 Ga. 205, Supreme Court of Georgia (December 01, 1868) |
It was competent for the witnesses to give their opinions, accompanied by the facts upon which it was predicated, as to the whole number of acres from which the timber had been cut by Woodward, the value of the land before and after it was cut, the proportion which the timbered land bore to the cleared land on each tract, and the like. But it was... |
1868 |
Cases |
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Austin V. Sandel |
19 La.Ann. 309, Supreme Court of Louisiana, Docket Number 1317 (June 01, 1867) |
Appeal from the District Court, Parish of East Feliciana, Posey, J. |
1867 |
Cases |
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Bates V. Vary |
40 Ala. 421, Supreme Court of Alabama (January 01, 1867) |
[FINAL SETTLEMENT OF ACCOUNTS OF DECEASED ADMINISTRATOR.] APPEAL from the Probate Court of Perry. |
1867 |
Cases |
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Brady V. Dilley |
27 Md. 570, Court of Appeals of Maryland (July 19, 1867) |
These appeals bring before us for review, several exceptions taken by the parties respectively, to the report and account of the auditor, made on the 13th of July, 1865, in the matter of the deed of trust from John T. Greenwade to Samuel Brady, and ratified by the Circuit Court for Allegany County on the 3d day of August, 1865. The exceptions of... |
1867 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Campbell V. Campbell |
37 Ga. 465, Supreme Court of Georgia (December 01, 1867) |
NOTE. Judge WARNER being a party in this case did not preside. When the difficulties encountered by executors in carrying out a will have been caused by their intentional and wilful disobedience to the provisions of the will, and of the law, a Court of Equity will not entertain a bill to marshal the assets, and should not enjoin creditors of the... |
1867 |
Cases |
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Chisholm, for Use of Chisholm & Adair, V. Turner |
36 Ga. 565, Supreme Court of Georgia (December 01, 1867) |
Since the Act of 15th December, 1866, pamphlet p. 138, Rev. Code, Sec. 3798, no person is incompetent as a witness on account of crime, interest, or being a party; except where one of the original parties to the contract or cause of action in issue, and on trial is dead, or insane; or where a representative is a party in any suit on a contract of... |
1867 |
Cases |
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College of Charleston V. Willingham |
13 Rich.Eq. 195, Court of Appeals of South Carolina (May 01, 1867) |
Where the instrument creating a trust fixes the compensation which the trustee shall be entitled to for his trouble in executing the trust, the general law in reference to the commissions of trustees has no application to the case, and the trustee must be content with the compensation allowed by the instrument. Where a trust deed conveyed to the... |
1867 |
Cases |
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Corbin V. Mulligan |
1 Bush 297, Court of Appeals of Kentucky (February 18, 1867) |
1. One who has conveyed real estate with general warranty is not a competent witness for his vendee in an action to recover the land; but if his deposition be taken and excepted to by the other party on that ground, and the exception is not decided upon in the circuit court, it will be presumed to have been waived. 2. The employment by the Auditor... |
1867 |
Cases |
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Coward V. Thompson |
44 Tenn. 442, Supreme Court of Tennessee (November 01, 1867) |
This is a suit commenced before a Justice. The action is founded on a note for $200, executed by the defendant to the plaintiff, on 31st December, 1864, and due December 25th, 1865. A judgment was rendered against defendant, for debt and interest; from which, he appealed to the Circuit Court. The cause was tried before a jury, and, under the... |
1867 |
Cases |
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Culbertson V. Cabeen & Jarman |
29 Tex. 247, Supreme Court of Texas (January 01, 1867) |
The affidavit is sufficiently formal and correct, except in that part which attempts to set forth the ground on which the attachment was sought, which is in these words; Affiant further says, that said Culbertson is about to transfer or secrete his property, etc., etc. In order to entitle a party to an attachment, it is necessary, as... |
1867 |
Cases |
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Dickinson V. Jones |
36 Ga. 97, Supreme Court of Georgia (June 01, 1867) |
Threatened waste or destruction of timber land, by sawing up the timber or deadening timber land preparatory to opening it for cultivation, or cutting the wood for firewood and sale, by any life-tenant or person claiming through such an one, will be promptly and efficiently restrained by a Court of Equity upon application by any remainderman. (The... |
1867 |
Cases |
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Doe ex Dem Mccolley V. Lampleugh |
3 Houst. 461, Court of Errors and Appeals of Delaware (June 01, 1867) |
A devise to a grandson of the testator, of a lot of ground with all the buildings and improvements thereunto belonging, to him and his heirs if any be should have, but if he should die without any heirs, then in that case the lands and premises so devised to him, shall be the right and property of another grandson of his, gives an estate tail... |
1867 |
Cases |
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Elder V. Ogletree |
36 Ga. 64, Supreme Court of Georgia (June 01, 1867) |
NOTE.WARNER, C. J., did not preside in this case. Opinions of witnesses, other than subscribing witnesses to a will, unless in questions of sanity or insanity or those involving the admissibility of experts, are inadmissible as testimony. If an ambiguity exists in a will made during the war, by the use of the word... |
1867 |
Cases |
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Fenn V. Carr |
19 La.Ann. 106, Supreme Court of Louisiana, Docket Number 884 (March 01, 1867) |
Appeal from the District Court, Parish of East Feliciana, Posey, J. |
1867 |
Cases |
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Folse V. New Orleans Coast & Lafourche Transp. Co. |
19 La.Ann. 199, Supreme Court of Louisiana, Docket Number 301 (April 01, 1867) |
Appeal from the Sixth District Court of New Orleans, Howell, J. |
1867 |
Cases |
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Gremillion V. Crousillac |
19 La.Ann. 377, Supreme Court of Louisiana, Docket Number 1204 (June 01, 1867) |
Appeal from the District Court, Parish of Pointe Coupee, Cooley, J. |
1867 |
Cases |
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Grubbs V. Greer |
45 Tenn. 160, Supreme Court of Tennessee (December 01, 1867) |
This is an action of replevin, brought by the plaintiff against the defendant, in the Circuit Court of Robertson County, to recover the possession of various articles of personal property. The writ was executed, and the property delivered to plaintiff. The cause was tried by a jury, at the _ Term, 1867, of the Circuit Court, and resulted in a... |
1867 |
Cases |
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Hall V. Heydon |
41 Ala. 242, Supreme Court of Alabama (June 01, 1867) |
[GARNISHMENT ON JUDGMENT.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. JOHN K. HENRY. |
1867 |
Cases |
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Halley V. Hoeffner |
19 La.Ann. 518, Supreme Court of Louisiana, Docket Number 1071 (December 01, 1867) |
Appeal from the Fifth District Court of New Orleans, Leaumont, J. |
1867 |
Cases |
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Harrington V. Mclean |
Phil.Eq. 258, Supreme Court of North Carolina (June 01, 1867) |
In regard to matters of substance a demurrer in equity should be general, that is, it should not set out the grounds of objection, or go into an argument. The proper place for all this is at the hearing; and its introduction into the demurrer tends to prolixity and confusion and an unnecessary accumulation of costs. In regard to matters of form,... |
1867 |
Cases |
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Harvey's Adm'r V. Steptoe's Adm'r |
17 Gratt. 289, Supreme Court of Appeals of Virginia (February 13, 1867) |
James Steptoe by his will bequeathed to his son James C. Steptoe certain property and debts, as a fund out of which he was to pay the debts of the testator; and gave him, for his own benefit, the residue thereof that might remain after payment of the debts. This was not a legacy upon condition of paying the debts of the testator. The... |
1867 |
Cases |
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In re Ambrose |
Phil.Law 91, Supreme Court of North Carolina (January 01, 1867) |
In deciding upon a question of false imprisonment, raised under a writ of Habeas Corpus, the Judge may investigate the validity of any order of court relied upon, as here, to prove the petitioners to be apprentices of him who detains them. A County Court has no power to bind as apprentices persons who have no notice of the proceedings for that... |
1867 |
Cases |
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In re Reynolds |
6 Parker Crim. Rep. 276, District Court, N.D. New York (June 29, 1867) |
In the matter of William Reynolds, on habeas corpus. |
1867 |
Cases |
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In re Turner |
1 Abb.U.S. 84, Circuit Court, D. Maryland (October 13, 1867) |
Hearing upon a writ of habeas corpus. The petition in this case was preferred in behalf of Elizabeth Turner, by her next friend, Charles Henry Minoky. It alleged that Elizabeth Turner was the daughter of Elizabeth Minoky, formerly Elizabeth Turner; and that she was restrained of her liberty, and held in custody by Philemon T. Hambleton, of Saint... |
1867 |
Cases |
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Jackson V. Phillips |
14 Allen 539, Supreme Judicial Court of Massachusetts (January 01, 1867) |
The attorney general should be made a party to a bill by an executor for instructions as to the validity of a bequest to trustees appointed by the will for a charitable purpose. Bequests to trustees for charitable purposes are not within the common rule against perpetuities, and may leave the mode of application and the selection of the particular... |
1867 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |