The miners' express. (Dubuque, Iowa) 1849-1854, 1849-08-15
DUBUQUE, IOWA, AUGUST Is, 1849.
THE SUPREME COURT.

! THE SUPREME COURT.
The following is synopsis Of the cases deci.
ded BY the Supreme Court, at its recent session
in this City. One or two cases remain to be
reported, which shall be given in our next.
]. David Cdss ct ali, ps: State Of locp
4 Clinton county The pl'tffs in error were
indicted for a riot, and also for false imprson.
ment; and made application fora change of ve-
5lnue under the statute prescribing change Of
venue in ciril causes: objection was made by
\ the prosecutor for the State, that that statute
did not apply in criminal cases, and the obiec3
ltion sustained by the Court. The def'ts below
then gave specific evidence US to prejudice u
\ gainst them in the county Of Cedar, which evil
Idcnce not having been deemed sufficient by
the Dist Court, the cause was sent to Cedar.
4 The Supreme Court sustained the Dist Court.
on the FIRST point, but reversed The judgment
on the ground that the reasons given upon tho
full examina ton of the witnesses were sufficient
to preventive case from going TO Cedar co. II
was also question, whether tn father of one
of the defendants could be a witness on an ap.
] Plication for change of venue. Determined that
i he might
Wilson & Smith for def'ts in error-L Clark
for tho State.
;, Shadrack Burleson etal. os: State OF IONA. Err
! r0r to Clinton County.
! Decision the same as in cage Of Cass vs. State.
Horace Culper Ds: Alien Whipple -Jackson co.
! In this case, there was demurrer for a vs..
! rance between the writ and decara ton, which
was sustained by the District Court. Judgment
/ reversed.
/ L. Clark for PIt'f in Error--Wilson 4 Smith
] contra.
Seneca 3, John Smith Us. E. M. Bissell-Du.
i buQue county.
Certiorari from the Judgment of a Justice.
The action was upon a note. Plea of set off:
| Ihe items Of set off were Of q data anterior to
the note and objected to for that reason; the
defendant below offering to prove nothing that
would contravene the idea that the note was
settlement Of all previous transactions be.
tween the parties.
Judgment Of the Justice sustained by the
District Court; and the judgment Of the Dist.
Court affirmed, except as to the securities.
Wilson g. Smith for pit IF in Error-L. Clark
Contra. -,.v
John Hedinga, Pltf in Error, Us. John Silsbee,
| Defendant II, E7ror.-E7ror to Jackson CO.
Held that Justice of the Peace can grant
a new trial in case ofnon suit, even though both
| parties appeared. Judgment reversed in favor
Of Hedinga. Platt Smith Cor plaintiff in error
S. Hampstead, contra.
McMullen & Price Us. McKenzie.-Error TO
| Clayton county.
Suit by Mckenzie against McMullen & Price
on note signed "P McMulen g. Co." Proof:
that Price and McMulen had done smelling
business together. Held Ky District and Su-
preme Courts te be sufficient evidence of part
nership. Judgment affirmed.
Platt Smith for plaintiff in error-Davis e.
Bissell defendant In error. .
John Sha,o, appellant, ps. Zalmon Livermore,
Appellee. Appeal from Jackson county.
Bill in chancery for the specific G, ecu,lon Of
verbal contract to convey land. Shaw agreed
with Dutton to give him deed to an acre Of
| land in the village of Maquoke1a, for sl.25-
Dutton to build good house, live on the land !,
and carry on carpenters trade Dutton built
the house, lived in it two or three years, sold
| out to Livcrmorc, and left the country. Liv-
crmore filed his bill for the dced-Shaw de.
Tended on the ground that Dutton did not build
good house; and did not live on the place and
carry on his trade. Decree in favor of Liver
| more in the District and Supreme Courts. Held
that condition not to sell was void, and that
Dutton could consult his own taste and con-
venience in building his own house.
Platt Smith for Livermore--L. Clark CONTRA
C. C. Reed Plaintiff in Error, Us: Murphy &
Burke.--Error to Jones county
in writ of error Judgment affirmed But the
Court refused damages, on the ground that the
judgment was obtained on an antiquated de-
mand. Judgment District Court affirmed.
Wilson y Smith for Defts in Error.
William Morden. Plaintiff in Error, u.s. H. B.
Ireland. Error to Jackson county.
Continued to next term. P. Smith for pit IF.
F. Bangs contra.
Ezra Hubbard, Plaintiff in Error. us N. Pratt.
Z; ..e. Error to Delaware county,
Continued to next term. Platt Smith & T. S.
Wilson for Pit IF in Error-F. E. Bisse contra.
Seneca & John M. Smith. Put: in Error, us. E.
NJ BisseH-Elror to Dubuque county.
Held to be error for the District Court o en-.
ter judgment on the certiorari bond--on GER
torari from Justice suit. Judgment reversed.
Judgment Of the Justice to stand una fected.
S. Wilson and Platt Smith for defendants
in error--L. Clark. contra.
John Biggs. Plainti ii Ezror, IS Hiram Price.
.Errorsto Clintan count " ss s.s
Held that aspote yable on demand III prop
erty to the Searer. might be sued in the name
Of the bearer without endorsement under the
statnte. Judgment affirmed Petition for re-
heafng pending. Wilson II smith fo.spltff in
error 3. Cook contra
James euybill, Isls d lzrssss. ssafssf Io,oa.
Error 70 Clias coon sS1
tsraybill wsss tried sand codI yicted 81 II
S8laughter on Thursday 1t bcln6 4h0 n g -
law for holding court III Se6lf ctSi ~ 81 ~
Scott count court had lEeel iigsts q + oJil
ed. Held BY The Supreme EouTt sfbst &c h E4
necessary m y6dge Unly diosS
the Scott c6sat couft but st0 i specisl
term e Clinton. slt hssg thes s6n county
day sofS the 1sMe week. judgment Is ySrseds
S F. Coax Il EsL Hing Ne il ior plain1tH III
error-P latts Smith Nor 1efeflfaa al ~