The Arkansas banner., 1850-02-26
Cases Decided il the Supreme Court, at tn.
January rerm, A. D. lssO.


 January Germ, A. D. 1880.
 Steamboa, P. II. White. et. d. vs Levy. Error to Pulsski circuit eosr,. Judg'sea, revereed.
 A steamboat is aotiiabie 10 be proceeded against uader sec chap is Digest. for saouey ioaaed sis boat lo pay the wages then due of the bostmen, ,hOngh applied to that purpose. The bOatman might have thus proceeded for their wsgrs, hut stranger will not, by lending the mOney to pay lhem be subrcgated ,o their rigits.
 Feimster rs. Smith. Appeal from Independence circuit court. Judgment affirmed with five per cent. damages.
 An sdverment in the dcIaraiion that the psyees of note assigned fraasfSred and set the note sued on, are by teir iryifra GssigHmeRi oreered to be paid to the pisin fl. imports delivery, that being element of the assignment alleged,
 Calvert rs. Stone. Apra from Jackson circuit court. Judgment reversd.
 Aldermen town Counci. &c. rs. Finley. Error to Hampstead circuit cour. Judgment reversed
 The plea of the geners issue, in a suit brought by corporation, admits he corporate existence of the plainid and the rig' to sue; and If the act creating tue corporation nd deiiaiag it's powers is pablic Jaw. the courts bound to take judicial notice of il: and also judsially known whether the corporation has the powe to make such con,rac, as is stated in the declsrsion.
 Bsrkmsn tt. al. rs. nncan as. ad Error to Clark circuit court Juigmeht affirmed.
 Noland rs Leech as. T Error to Lawrence cir cui, court. Judgment rversed.
 Upon the death of tn plaintiff his execu;or or administrator, may en,e voluntary appearance and be substituted plaintiff at the first term after such death, without sore facias or notice 10 the defendant; and may proceed to trial or elect to con tiuue the cause the advrse party is bound 10 take notice of such appearance but has right, &C., count thereof 10 a continuance.
 Where several saves Ire the subject of a suit in replevln, the jury mast find the separate value of each slave, and not the ,ggega,c value. as upon a others not. If the afgregsc value be found q reniye fqcias ds noro S be awarded.
 State Bank rs. casop q. a!. Error to Lawrence circuit court, Judgment affirmed.
 Berry rs Singer. Errsr to Bradley circuit court Judgmeu, affirmed
 The testimony adJiced on th. trial in the court below, can be brougtt upon the record! 10 be revised ia this court, only n some of the modes pointed ont in LeDox us Pike: where the party moyes for a new trs and in his inotion refers 10 paper coniauing the testimony n the cause; and excep;s 10 tho opini,n of the court oveEruling his motion, this does n. bring the testimony On ,irs record for revision n this court; to do so, there l.. .L -... dence is ordered to fosn part of the record.
 Greer e. al. ss. Stte Bank Error to Pulaski circuit court. Jndgnsn, reversed.
 scire faeias to revive judgmen, sgsinst Dres- made known to but tvo the cause discontinued as to the third who is siii hving-held 10 be disco" uance of the writ
 Spra;t Ss Kerr rr Hill, Vaughn & Go. Error to Ouachita circui, cour. Judgment affirmed.
 Runyou Gs. ad rs Hale. Error to hO, Springs circuit court. Judgment reversed.
 County of Washi,a rs. Sanders et ai Writ oI Error 10 Ouachita ei-cat court Judgment re- yersed
 Each county is responsible for the payment of the costs incurred in dls prosecution of penal ot- fences committed within their respective limits tthough there raay be change of venue;' bat the county canno; be reqsired to pay, until the case has been disposed of, &c., Digest chap 5. sec 2lI, 2ls, 2l9: Therefore, when |, appears that nc acqu,tal conviction or other disposition of .ts case has taken pace-it merely appearing that th' prisoners had escaped, without any abandonment o the prosecution (and of course the being sti. Pendng)-it was error 50 order the county to allo" tine costs.
 County of Washita rs. Sullivan. Error to Qua chita. Judgment reversed.