The Ottawa free trader., 1850-07-27
Supreme Courf.


hearing. The court vii. thus have been IN session
for seven weeks without missing day. saving only
| the ever glorious Fourth L., no one imagine that
the office OF our supreme court Judges Is >inccure
Tn, amount of labor performed ~ them during
these seven weeks must have been enough 20 try the
stouest constitutions To 81 ior ilom ~S TO ten
noun, dav after day in the invest CATION ui the most
intricate and absrusc law questions, would scrm
lahor enough tor any men. Eu' The truth IS, a.lar
the session Of the day, the JuJG labor only hasns
The crude mass Of materials which he has bo,nEa
,hcrug through tie day mus', a!,,. adjournment
be cdj.igentlycu.lcd over the good separated homthr
=. irogs, and then carefully arranged in orjgl-Nh,ch
Is a, least fully cqla. 20 the labor Of he day Akkke
present. term somescyen'y five cases have boc'NFs-
posed OF, IN Ot least 81 Of which written opinions
have been prepared The preacher complains Of
being oycrbur.cucI with kI, preparation Of 6 scr
mon or two week 5u; here eTUuluA having
been ab5cn, during most OF the term on account cd
sickness in his family n-cprCparcdby wU men soac
eight or ten elaborate opinions q week, and during
what may be- sjr,c,y regarded as "bewcen times"
One good result OF such intense application on ID"
part Of our supreme Judges Is, that in tins state We
knownolhns Of wha, nearly all other states and
countries Is gricyous eyiI--the Laws delay" On
the old English chaucery docketsare causes inyo,y-
ing the possessions otmany proud families ihathlyc
been bcqueathed by lawyers from sire TO son as an
heirloom oy annuity, who find no difficulty in STAY
ng oft final decision as long q. their pay cont.n-
ucs.
The hercu,ean labor performed by our judges
illustrates tho pd,a Of '
young men on the bench "Ol men for counsel.
youngmcn for tc1rk" None of our Judges, we be-
cye Is over forty years old Yet rs to correctness
us aUi4Ority--we believe the DECISIONS of the su-
prmc court oi,his state will rank with those Of any
oherstate IN the Union.
, We give all abstract of the decisions made since
/, Friday Of las, week, up 10 Thursday evening this
week
Luxe Wood vs.. Geo Nyrf9n-Appcal from
Peoria Judgment reversed and cause remauIed.
Opinion Of the cour, By Cation, J. Z S Leland
FOR appe.lan; and c. Balance for appellec. In
anacion Of ejec,mcn' the declaration arerrcd
that the plaintiffs title accrued June It, 1874;
the evidence showed his title to have accrued on
the ?!s; of June. Held thu, the time laid in the
declaration should be after the pliutFs title nc.
crued, that under the above facts the plaintiff
could no; recover
Geo Kaiser ct a. VS. Michael Esnncil -Juir.
) men: affirmed Opinion by Treat, c. J Peters
Il Powell for ptff in error. and Glover Cook for
def. Action oftrcspassi plea that the goods Ia.
ken were dis,rained for rent Held thl, the pro
pcrty was ds;rained for rent due and in arycar
that the distress WAS levied during the tenancy
and that the plen was bar TO the action.
George T H2pkin, vs. Ethan Walters, Jr Fl.
, ror 10 Kendall Opinion by Treat, c. j. SW.
Randall, for pin in error, Dickey ( Wallace for
def't IN error. Action of debt upon Judgment of
=. Justice the Peace The docket entry Of the Jus.
tice was as follows, after the title of the suit
This day came the said defendant and confcsses
himself to be indebted in judgment to the pln'f
in the sum Of SOS Judgment is thcrcupon rem
=. dered for the plnff for that sum" Held that the
docket entry was sufficient to show ;-.,:l jul;,
Judgment affirmed
! j. Young Scaumoa Va Earl, .4Inrs ct al' r.
Tor to Kendall. Opinion by Cation. J Randall
for pln'tf in error, Dickey & Wallace for dcft-
Suit on a note made by Metzkcr for $40 Metz
kcr being indebted to Barker & Bes, in the sum
Of s5j. Endorsed the note TO Scamnon, attorney
for Rrke- & Best, with the agreement that they
were to receive the first S35, and Me,1kCr the re.
mainder Held that the Circuit Court decided cor.
r rect!y, Isl, in admitting proof that ScOmmon
held the note rs Trustee for Barker 4 Best and
, 2nd, in admitting the receip, Of Me;zker, showing
apayment to him Of all over :S5, on the note
Judgment affirmed
Hrom BrOra, implicated, Dc, VS. Natke, o
7krosl7portor. Error to Kendall Judgment af
fyDed. Opinion By Treat, C. j. RLHiall for
plnf in error. Dickey and Wallace for def't---
Action Of trcsPass brought by 1hrockmOrton a.
gainst Brown and others FOR taking quantity of
rails, made by Throclmorton, on land owned hy
the government Brown pleaded prc.emption
residence on the land and under the act Of Sept.
1, lsil at the time Of the trespass, md a asubse.
quent purchase Of the land. The proof showed
that Browns preemption was defective, that lis
declaration Of intention to pre- emption was not
made vi,hn the time required by the act Of Sept.
4, lsil-and that the payment was not made
within the year as required by that law. The
court say that admitting Browns presumption to
to be valid, i, did not confer on him any title to
the land or timber standing thereon, lie had but
license from the governmcn, to occupy the
lNnd and to purchaser II within specified time at
the minimum price He acquired no right to sue
for the trcspass by his subsequent. purchase Of
the land But his prc.cmption claim was invalid
and tho case stands the same as the case of
Wincher rs Shrewsbury--2 Scam-2si Judg.
mcnt affirmed. Opinion by Treat, c. j.
lIi!iidm W Pickering VS. Fletcher, .Nisaer ct
nj. Error To Kendall. judgment reversed and
cause rcmanded Opinion by Treat, C j. S. W.
Randall for plnE in erroi, Dckcy & Co for det',.
in ciror Where the defendant called upon pl n
to be sworn to prove particular item Of dcfs set.
of and plf was sworn, but testified that he could
not rccolect whether the item was correct or not.
Held that the Circuit Court should not permit the