The Arkansas banner., 1850-04-23
Decisions of the Supreme COurl of hk.a,.,
 At the JanaaEy Tern. A. ID. IsAo

Yates ss al. us. Pryer..-Ap.e.l fran. p.,--,. Circuit Court Decree adsymed. ~'Ai
 Bevens et al. es. McElroy --Avpsal f,a,, M, som. Judgment reversed 's0'
 Ia an action of Irespass, sssrs elassu. 6es, ,S. pia'atla not being a actual possession musi a,.." by record evidence legal tills to yhs ce., ,h. Y" mission ol one of the defendants lAat th, f.a1 " leaged 10 tho plaintiff Is not sufficient.
 Ia such seiioa. there heiag several det.nd.n,. and some of them appearing and plesdtnv Aaa 0,6 ess making default, there eaa bs sa lster,Oev. 'ety ladgmen' only Sgaias' those making dsfaat aud hnai judgment against those plsAdac--,h. law allows bat enc 6Hsl Judgment.
 Penn ss, Stewart from Johnson J.s,, mont reversed. ss Bryan vs rlms.-Error to Pulaski. Jn5.u.-. 1 affirmed. S'''" Hypson e. al. ps. Roddell ct al.-E,ro, Ia ia. Pcadesce. Judgment affirmed, Tho declaration contained two counts man ... Inlssory notes--no profeFt ia the first eoaat., ,S foot Of the second cOaat the plaintiffs lender.s ,, l Teri ol the said several pFomissory notesn-ast. sufficient prOtert as 10 the rss count oa d,mnr,..
 Levy ct al, ps, Brown Q, al.-~ Error to Pal..1, Judgment reversed.
 l Whea the plaintiff, being used by the def.,4.., as witness before Justice. so swrars A. ia n.I, good defenca for the defendant, but on snn,,, swears differently in the Circuit Court this is ,u,A surprise to the defendant as te rntttlx h,r, la new trial. upon showing that he could by 0,S,. testimony, make good defence, aud lha, he r,i. upon Inc plsatiH swesFing to the same laels hss,,. the NtTcun Court as before the Justice Town ss Evans.-Appeal irom Washington. Judgment reversed
 Rule upon the plaintiff to give security for eo,. by certain 6ay-a failass 10 give seeur,ty hv ,b. day oHt tender alter HELo that the court inehi in lt.a ar.isa .f Al Is On dismsssiRg the suit {iI beiag an action of "a. plevinl ths court should have called lury to in. qaire into tine damages of Inc defendant, he elect. ing 10 take jndgmentdor damages instead of for return ot the property.
 Brown Robb x Co. es. Byrd. Error to PussG. Judgment reversed.
 A seire hscias to revive iudgmen, la 80. su ... ton to which tho statute of limitations r,ay h. pleaded.
 Smith ct al. rs. The State Bank f,on Washington. Judgment affirmed.
 Sloan rs. Sloan Error to Lawrence. Judgment reversed.
 verbal promise te pay certain amount pare,i of several notes and acccounts these not bsnp ms. tna accounts or sdlustmsnt of mutual claims not such account safed as will take tn. clsim out of ihe operation of the ststute of liHita,ous
 Akin rs Bailey ey.-Error to Philips. Judrmet affirmed. Q
 Action on note given 10 Howard X Co and sflt, due assigned to pisintih, who sued as assignes- plea. statute of limitation replication nea reei. aence of plaintiff Held, that as the statute com. menced running before the assignment 10 ths non resident, the plaihtiH, to avoid the statute should have replied the non residence of the payee wei of the assignee
 State Bank rs. W ooddy ct sl.--Appea from W ash ineton. Judgment affirmed.
 Apn nfT.r tn Ma hy nf at the debt and the substitution of another aoie bui whose does not appearl aud a receipt of hs none,. and its application (without the consent of ths debtor,) n part payment of ihe note, and relassi to accept the proposition is not such part payment as 10 form new point of time from whioh hp statute of limitations will commence running
 State Bank rs. W ooddy ct al.--Appea from Washington. Judgment affirmed
 Do!J, Treasurer rs- DAnley, Auditor --Pesi,!.s for mandamus. Petition refused.
 Where a county has faUed to elect Commissio CTS on the first Monday of May lsi9 10 eoDs,ilos d board of niernai improvement, there Is uol sasa vacancy as will authorize the presiding Jusss of the County Court to order eisetion unaer sa' iih section of the act, approved JOtl Dee, le4s
 Me Fariand Ds mathis.--Appeal from ChieOt- Judgment reversed.
 A promise. made by the purchaser Gf the pabls lands, after entry the reof 10 pay for improVeusas nlade prior to the entry, Is without considerable and void Upon a submission to a referee, who arhp's 7 the matter iu dispute in the absence of. and wla out notice to one of the parties, the award s Ac ! binding upon such party. County of Pulaski rs. Downsrt-APpeal tss E Pulaski. Judgment affirmed. slcNamee rs. united Slates.-Ersr to DsIs' JudgmrBt affirmed. k safSf hsfsf a Justice of the Psace-the account being wiiha the jurisdiction of the Justice. The certificate the Auditor os the Treausary for the Post Vf@ ! Department under hs official seal, s suilicisui s dorser of the account. The statute si i,n,iale' does not run against the United States. The spes lani cannot object that judgment was no, rehdf'' against his security in the recognzance for apF'' i Gordon Us. State, use Wallace e-Ertor 10 Wasa- | ington. Reversed.
 ! The decisions in Outlaw et al us. Ye2, Gov u' l ! Ark 46s. Porter Us. S,ats, sse Braaca, 1 B"f ! 235 -S Slate, HSe ac us Refter af fb 254, appre'7 of: and held that in acion against several, apes bond, it is 10 lake A separate iiia uogtB'h against One, without Jisposiug of tho aclioh aa T { the others.
 1 Clarke rs Bank of ississippi.-ApPeai froa 1 Chicoi. Judgment reversed
 The saving clause i lhe statute of Limitations as e no D residents dd not embrace tofetga ce poTafs" l but the act of lcIl extending the period of limh tioas In favor of non-resideHls did embrace i0feigh ! corporations, and exiend lhs limitations ss 10 esaE l of action uoI then barred.
 The printed statutes of another Siaie--parph' ing 10 have been published by the authority o' ~' i State sutiicieni eyide ace.
 l Steels, use &c. Us Alexander et a!-EHof ! Pulaski. Reversed. ! Conway rs. " oods.-Error to Puaskt Re'sf'' 1 Conwayes. Byrd.--Error to Pulaski. ReVsf''.
 Arrival Of the ohio. ! The steamship Ohio, from Chagres, affi'se ] A...r nrInana ,li inc lilth mat