AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Lyman V. Philadelphia 56 Pa. 488, Supreme Court of Pennsylvania (November 04, 1867) 1. A sale for taxes without description, circumstance or name having any known relation to the land is bad. 2. The land must in some way be identified from something appearing in the assessment. 3. The assessment of lands is a matter resting upon the written evidence found or once existing in the commissioners' office. 4. The return constitutes the... 1867 Cases    
  Martin V. Bartow Iron Works 35 Ga. 320, District Court, N.D. Georgia (September 01, 1867) This was an action at law by Ann V. Martin against the Bartow Iron Works, to recover money upon a sealed note. Heard on demurrers to the several pleas filed by the defendant. 1867 Cases    
  Martin V. Curd's Adm'r 1 Bush 327, Court of Appeals of Kentucky (February 20, 1867) 1. Acceptors of bills who hold the property of the drawer to pay the bills or for reimbursement, are lien creditors to the extent of the property so held. If the drawer should die insolvent before the property is disposed of, and if, after it is disposed of, there should be a balance due them, such balance will be postponed until the other... 1867 Cases    
  Martin V. Kelly 19 La.Ann. 444, Supreme Court of Louisiana, Docket Number 48 (August 01, 1867) Appeal from the District Court, Parish of Bossier, Jones, J. 1867 Cases    
  Martin V. Tidwell 36 Ga. 332, Supreme Court of Georgia (June 01, 1867) NOTE.WARNER, C. J., did not preside in this case. 1. There being evidence to sustain the verdict in this case, and the Judge who tried it being satisfied with it, a new trial is refused. 2. A partnership may exist where there is a joint interest in property and in the profits and losses of the adventure. 3. While the conduct of the juryman,... 1867 Cases    
  Mcleod V. Board 30 Tex. 238, Supreme Court of Texas (January 01, 1867) Where property was conveyed in trust by a marriage contract, and the heir of the wife, who claimed the remainder, sued, and averred that the trustee was dead, and his heirs did not reside in the state, although it was urged that the trustee was a necessary party, and the petition was dismissed upon a general demurrer, the court declined to consider... 1867 Cases    
  Mcmahan V. Boardman 29 Tex. 170, Supreme Court of Texas (January 01, 1867) The court did not notice the objection that the writ did not run in the name of the state, when the county, stated as venue, could be treated as surplusage. Const. State, art. IV, sec. 3; Pas. Dig. p. 57, note 181. When the affidavits for attachment state all which the statute requires, it would be too refined to say that an immaterial additional... 1867 Cases    
  Mcmath V. Johnson 41 Miss. 439, High Court of Errors and Appeals of Mississippi (June 01, 1867) 1. COVENANTS: INDEPENDENT: NO TENDER OR OFFER OF PERFORMANCE REQUIRED.When covenants are independent, no tender or offer of performance is required of either party before an action can be brought to enforce the covenant, and neither party can defeat the action by showing a previous tender or offer of performance on his part and a demand of... 1867 Cases   This is no longer good law for at least one of the points of law it contains.
  Mcreynolds V. State 45 Tenn. 18, Supreme Court of Tennessee (December 01, 1867) The plaintiff in error, a free man of color, was indicted at the January Term, 1867, of the Circuit Court of Montgomery County, for bigamy. He was arraigned and tried at the same term of the Court before a jury of the county, and was convicted and sentenced to two years imprisonment in the penitentiary of the State. Motions for a new trial and in... 1867 Cases    
  Modawell V. Holmes 40 Ala. 391, Supreme Court of Alabama (January 01, 1867) [FINAL SETTLEMENT OF GUARDIAN'S ACCOUNTS.] APPEAL from the Probate Court of Dallas. 1867 Cases    
  Morrow's Adm'r V. Bailey 2 W.Va. 326, Supreme Court of Appeals of West Virginia (July 01, 1867) (Absent, HARRISON, J., and MAXWELL, J. ) 1. B. sues M. on a bond for one hundred dollars. B. pleads a warranty of soundness in the property for the price of which the bond was executed, and that the same was unsound; also a failure of consideration by reason of the unsoundness; to which B. replies generally. On the trial, after the bond was... 1867 Cases    
  Odom V. Odom 36 Ga. 286, Supreme Court of Georgia (June 01, 1867) 1. The declarations of the wife, when in the act of leaving her husband's house and taking certain articles of household furniture with her, made in the presence of his two sons and others, are admissible in evidence for the purpose of showing and explaining her motives and conduct at the time, although her husband was not present. 2. On the trial... 1867 Cases   This is no longer good law for at least one of the points of law it contains.
  Park V. Cheek 44 Tenn. 20, Supreme Court of Tennessee (April 01, 1867) This suit is brought for an alleged breach of covenant of seizin. In December, 1851, the defendant conveyed to the plaintiff, a lot of ground in the City of Memphis. The deed purports to be for the consideration of $4,000. It is proved that the consideration of the deed was for a steamer, (St. Cloud,) worth $2,500.00, given in exchange for the lot.... 1867 Cases    
  Phillips V. Hooker Phil.Eq. 193, Supreme Court of North Carolina (June 01, 1867) The defendant objects to the relief sought by the plaintiff upon several grounds, which we now proceed to consider. 1. The first objection is, that the contract was that of the agent only, and that the defendant was therefore not bound by it. We think otherwise. It is true that the note or memorandum of the contract does not expressly state that... 1867 Cases    
  Rogers V. Crain 30 Tex. 284, Supreme Court of Texas (January 01, 1867) The expressions of a person afflicted with bodily pains or illness relative to his health and sensations are in their nature original evidence, such expressions being ordinarily the natural consequence and outward indication of co-existing suffering. Such declarations, if made to a medical man, are of greater weight as evidence; but if made to any... 1867 Cases    
  Rutherford V. Newsom 36 Ga. 246, Supreme Court of Georgia (June 01, 1867) 1. A verdict will not be set aside (and a new trial granted) as being contrary to evidence, where the case has been fairly submitted to the jury on its merits, and no rule of law was violated nor manifest injustice done, although there may appear to have been a preponderance of evidence against the verdict, especially if the Judge who tried the... 1867 Cases    
  St. Louis Public Schools V. Fritz 40 Mo. 372, Supreme Court of Missouri (March 01, 1867) This was an action of ejectment commenced by the appellant against the respondents to recover a lot of ground in the city of St. Louis. There was a trial before a jury and a verdict for the respondents. The evidence adduced by the appellant was substantially the same as in the case of the same plaintiff v. Risley's Heirs, decided at this term (40... 1867 Cases    
  State V. Glisson Phil.Law 195, Supreme Court of North Carolina (January 01, 1867) An indictment for larceny, charging the thing stolen as the property of A. B., a person of color; and concluding at common law, is good. (State v. Godet, 7 Ire., 210, cited and approved.) LARCENY, tried before Buxton, J., at the Spring Term, 1866, of the Superior Court of SAMPSON. Before the trial, the defendant moved to quash the... 1867 Cases    
  State V. Rankin 44 Tenn. 145, Supreme Court of Tennessee (September 01, 1867) The defendant was indicted in the Circuit Court of Jefferson County, at its August Term, 1865, for the murder of one John Thornhill. The indictment alleges the offense was committed in the County of Jefferson, on the 1st day of June, 1865. To this indictment the defendant filed a special plea in bar, in which he alleges that on the 1st day of June,... 1867 Cases    
  Succession of Poindexter 19 La.Ann. 22, Supreme Court of Louisiana, Docket Number 805 (January 01, 1867) Appeal from the Second District Court of New Orleans, Thomas, J. 1867 Cases    
  Swinnerton V. Columbian Ins. Co. 10 Tiffany 174, Court of Appeals of New York (September 01, 1867) The body of the policy on which this action is brought contains the following clause: Touching the adventures and perils which the said Columbian Insurance company is contented to bear and take upon itself in this voyage, they are of the seas, men-of-war, fires, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart,... 1867 Cases    
  Tate V. Fletcher 19 La.Ann. 371, Supreme Court of Louisiana, Docket Number 1299 (June 01, 1867) Appeal from the District Court, Parish of East Feliciana, Ellis, J. 1867 Cases    
  Timmins V. Lacy 30 Tex. 115, Supreme Court of Texas (January 01, 1867) Upon the question of jurisdiction the cases of Arberry v. Beavers, 6 Tex. 457, and Baker v. Chisholm, 3 Tex. 157, were examined and quoted at length, to show that they related to the special limited duties under discussion. Pas. Dig. notes 182, 433, 604. The first section of the act of 1866, about apprentices, declares, that in all... 1867 Cases    
  Tippett V. Mize 30 Tex. 361, Supreme Court of Texas (April 01, 1867) Burrell Benton, by his will, having disposed of his estate, and given particular directions as to the sale and distribution of it, provided that no other action should be had in the court in relation to the settlement of his estate than the probate and registration of his last will and testament, and the return of an inventory of his estate,... 1867 Cases   This has some negative history but hasn’t been reversed or overruled.
  Vancil V. Evans 44 Tenn. 340, Supreme Court of Tennessee (September 01, 1867) The contest in this case, arises out of the construction of the Will of Elias Vancil, who died in September, 1852, possessed of a considerable real and personal estate, leaving his widow, Tabitha--who afterwards intermarried with the defendant, Tilghman H. Evans--and five sons surviving him. The first clause of the Will reads as follows: I will... 1867 Cases    
  Wainwright V. Bridges 19 La.Ann. 234, Supreme Court of Louisiana, Docket Number 1305 (May 01, 1867) Appeal from the Sixth District Court, Parish of St. Helena, Ellis, J. 1867 Cases    
  West Chester & P. R. Co. V. Miles 55 Pa. 209, Supreme Court of Pennsylvania (April 01, 1867) 1. No one can be excluded from carriage by a public carrier on account of color, religious belief or political relations or prejudice. 2. If there be no clear and reasonable difference to base separation of passengers upon, it cannot be justified by mere prejudice. 3. The right of a carrier to separate passengers is founded on his right of private... 1867 Cases    
  Berry V. Hamilton 1 Bush 361, Court of Appeals of Kentucky (February 26, 1866) A paper purporting to be the last will and testament of Eliza Ann Hamilton was presented to the county court of Bath county for probate; and after a contest there by part of those claiming to be her heirs, the same was admitted to record as her will. From this judgment of the county court an appeal was prosecuted to the Bath circuit court, and this... 1866 Cases    
  Bunting V. Harris Phil.Eq. 11, Supreme Court of North Carolina (June 01, 1866) (1.) The words used in different wills are so different, and the circumstances of testators, in regard to property and the objects of bounty, are so various, that it is almost impossible to find one case upon such subjects that ought to govern another. (2.) In doubtful questions of construction, something must be yielded to the contemporaneous... 1866 Cases    
  Calhoun V. Burnett 40 Miss. 599, High Court of Errors and Appeals of Mississippi (October 01, 1866) 1. CONSTRUCTIVE FRAUD: PURCHASE WITH NOTICE: TRUSTEE FOR OWNER.Purchases made with notice of the legal or equitable title of another to the property, are classed in equity under the head of constructive frauds, and courts of equity will hold such purchasers as trustees for the legal or equitable owner. 2. TRUSTEES: EXTENT OF LIABILITY AS TO... 1866 Cases    
231 232 233 234 235 236 237 238 239 240 241 242 243 244