The Arkansas banner., 1847-02-03

The decgSltsa fa Rue S.fA fAA'A o, refusing rrii os suPerse6eAs ap ihs uaa auo.ps sF tas county court as nax snsn .
 ,adgmeui 10 which Wrii od error wal n-- from ss,e SHprems Coars- Hemnsiead, isr piSinssh Ws,kIns k Currau. contra xa aa Pryur V Rogers, as ex- Error .lohnsep Carruil Court
 ya,.re oldham oslieeEed the ppiaann tsi ,,., rcvrt. reversing the Jadglnsni os ihs titf- enp Ceart
 Whsre a gastice suites, upon his dpckei- ,a.., ..the parsles appeared ipy iheis attorneys .-s . ,,r nlnlntlH proved his aneeunt- and .asr,nani gIrsn for the FsalntiA q is not a 5,u5raen, hy de.aait, bul the defendant may sr,s.j without moving to sci aside the Jndg- ment
 The rui=s g,S prhich an appearance is de ,.-m,ued m the C4rcuii Court. are waosly in- ,pnI,eable to cases before Justices nt the peses where there are no written Raeatings When tl,e Justice has sad 1n his docket ,h., ths defendant did appear. thE appellate r,urr cannot cantroFert the xsztHzBeni
 Whra tlss Justice xaaaes. apaa the margin or his docket. -4pps4l prayed and granted .Tauvit and bond filed ' within the time ai- foved for tnkiag ka appeal. snch Rn entrE- thoueh written on the margin. contains suh- ssanIlal and satisfactory evidence of the facts szled an Il. Justices of the Peace. m ma- tIns ED she entries upon their dockeis. can na, bs hela ie 4he stricl rnies of technIcal fermslIiv-
 BEtson. fer Tlalniia
 D Walker, con1-a.
 Nc. l6. Byrd '. Bertrand Error ta P0- laski Circuii Court.
 Judge Oldham delivered the opsaioa of 4he court. reversing the judgment of the Circuit Courl
 4. E. anG (. contract by agreement. un- der seal. with D, to furnish ali the material and build him house. and complete the same by given iay.-and in case ef fai- lEre. lo forfen all inc work which they might do, and materials furnished, and S3098, as damages. stipulated aud agreed upon by the parties and D agreed to pay them sPsclh- ed sum therefor. iy insizlmes;s. as the work should progress and he inasls completed The un8er;akeEs failed 10 cusnpists the work by the day and abandoned st Ii was then agreed. between ( and D. that ( should ge on and do the work. in sccsrdnaee wish the contract. and under IS specifications Ht1d- that the agreement between c aud D. was neW. distinc:- and independent contract. See Bersrasd T. Byrd, : .9zk R 65l-
 As 8 mere Instruneni of evidence the orl- ginsl written agreement was admissible m evidence. 10 establish the specific terms and ssIpalstions of ihe last contract The parties having fixed ihe price to be pad iof work, evidence Froring what he w ass was worth. Is lBadnisslble. The price agreed npoa bstween the parties must go- Vern.
 h sps2- ia which fhe rights of parties. arising under ore eeatrari. are b be sijudi- ea,ed- and for she parPose cf showing tlie specific terms M the contract. between ihe same and other parties. E writen contract IS introduced. as conl&sniag inc specific terms and sIlpaiatieas Of the coatract, before the court, reference having bern made io the pre- vions written agreement by the ks. costrhe- ting parties. IS read HI evidence, instructions. hased upon such wrIssea contEar,. or having reference io the disabilities og tite parties lo that contract, are wholly sbsiraci and iFseia- vsni tc the case before the court, and Fefn- sal, by the eo8rt. ie give such instructions was proper.
 4 bill nf exchange imports llEi desf IS due from the GrzHes io Ibe drawer which Is assigned to ihe payee of the bal, aud If the drswee accepts 1t. Il IS Aa acknowledgment thAt he has funds ia his hands to the amount of the bill. When the bill IS paid. and taken up by the drzwee, Il ceases to be oblig1- tory upon any of the parties Ordinary or ders. drawn by any person npua another in favor ot lhird person, IS governed by The sarne principle
 Ringo k TrapuaIl, and Pike & Baldwin, inr plaintiff.
 Fowler, contra.
 Jan. 23- No. IA Woodruff ct al V The State ni Arkansas Error to Pulaski Carcan Coeri c ]. Johnson delieere9 the opinion of the csHri- affirming fas judgment of fhe Circuii Count
 \ judgment so be final, and from WhIcb