The weekly American banner. (Yazoo City, Miss.) 1855-18??, 1856-08-29

erop, were mads Il I2f cent? ~ pound r.
ceipts only 81 bales, all old crop.
August a7th. 500 bales IT new Cotlon ~
ceiyed to-day, BY the Southern Belle, lhe Arg 1
est load yet.
ABSTRACTS OF DECISIONS or
THE HIGH COURT OF ERR08Sl
AND APPEALS.
II. G. Armfield, '. John Nash, Il al. The |
plaintiff, having been employed to teach for one
scholastic year, item months1 for . sum payable,
one half 1t eve, the other 1T ten months, WINS dis
missed in three months lie recovered judgment
and received satisfaction for the irst install
ment; and sued for the second, alter the expira.
ton Of the ten months. Descendants answered
that the former judgment was recovered and re-
ceyed ia full satisfaction for the breach Of the en-
tire contract; also that the plaintiff might, by rea-
sonable diligence, have obtained employment at
higher salary. Held, it was error to override the
demurrer to the answers. The answer that plain
tiff Knight have obtained employment &c., does not
negative the legal presumption that some damage
is sustained by every breach ofcontract. A plea
or answer in bar to be good must disclose de-
fence which, if true, wlenlirely defeat the action,
not such as merely tends to mitigate the DANA
ges.
The demurrer having been overraled, the plain
tiff replied, denying that the former judgment was
in satisfaction of the breach Of the entire contracts
and averred that the former action was instituted
because of the first breach only, that is the noE-
payment Of the FIRST instalment, the second not be-
ing then due. Held, it was error to sustain the
demurrer to the reply. The answers admitted the
contract and breach. and pleaded satisfaction;
the reply showed (as did the complainD that the
contract was devisible, and denied recovery and
satisfaction as to the last instalment. Hence the
demurrer admitted contract. breach and non-sat-
isfaction, and should therefore have been over
ruled.
Sustaining demurrer to the reply to one Of
several answers Is tantamonnt to saying that the
answer constitutes good bar to the action; and
if the plaintiff decline further to reply. the court
shoaid pronounce . Judgment final upon the de-
murrer, sdce one good answer is as efficient as q
thousand TO defeat recovery. 1t is error to pro-
coed to the trial of issues joined upon replies to
other answers. FISHER, J.
e Hslliam Nc Cmcltcn, v. John A. Mailer. Where
judgment creditor, whose Judgment has lost it,
lien for want of enrolment, files bill to subject
property, in the hands of q fraudulent purchaser
e to the satisfaction of his Judgment, and pending
y the litigation tie judgment debtor conveys Thu
property to bona de purchaser; the title Of sucl
: purchaser is not affected by the decree.
A purchaser pendente l,te is not bound by th
IF cree, unless, firstly, the title to the thing is ad
70 judged to be in the complainant or, secondly,
= the date of the decree the debt is secured by he
!" upon the property, whether created by contrac
N or by operation of law. lFlsHER
Tho Result for Appellate Jud e
III it should turn out, as probably it will, Ma
2, Judge Duvall is elected AMI Judge Marshall do
m feated, for. the Office OF Judge Of the Court o
10 Appeals, that fact should not discourage on
friends, or give rise or to the slightest msgiving
. rs to the result of the Presidential contestn Ken
10 lucky. The district was decidedly Democrat
to when made, and never otherwise until last year
g 1t gave Gen. Powell a majority Of more tha
200, and gave President Pierce majority Z
NC 1000 and upwards. Yet notwithstanding Pierc
re carried the district by more than 1000, he wa
beaten in the State by more than $500. We a
:, more popular m Kentucky than Gen. Scott; m
:. IL Gen. Scott carried the State by over 1900 no
wthstandiDg be lost the district by more than 400
= surely we need not doubt that Mr.. FILLMORE ca
carry it, although he should lose the district
even as large majority as was given again
- Gen. Scott. But Mr.. Fillmore will not lose Il
- district. The American votes are in to civ
him q handsome majority, and they will ali 4
/. polled in November. - Frankfort Coa,monzeIlt.
he The NATcHrz FaEE TRADER GIvrs urrHr Noarl
" The Natchez Free Trader publishes letter fro
"a highly intelligent gentlemen.' Of Adams count
= "who is now travelling in the Northern and Weste,
h. states In his letter this aghly intelligent ge
to ttleman" says IS = -
C. The contest Is between Buchanan and Fremont
e Buchanan, think cannot afford to lose single slo
m State and take it for grantAd that he win not
rn The eontestis emphatican between the North an
SO South and the Democrats Of the North are mob
allies Of the larter Upon their efforts the politic
:, salvation Of the South entirely depends.
= Thereit is. The admission is frank and homes
5 to say the least Of 1t! BuclAHan acannot oizord
m lose single slave STATED" Does any man belle
is tiat he can carry every slave Satel' And if
te, could, where are the other twenty mine votes
he come froma Can any human bang tell ~ WI
We Northern State Mr. Buchanan can carrys The trl
Is. that every vote in the South given TO Buchanan
5 direct in favor Of dssnion! and we beg honest m
Is 70 ponderit Fillmore il the only man whoeanb b
I'M Fremont and II Fremontis elected, the Union i
ire an end. The question, then, is Fillmore and 4
nd Union, or Fremont and Disunion. md every n
IN; ast for Buchanan, Is much and comfort %
Dis, - 80 Z s. ~ ~ -
in ~. rn 8 - -, 8 s., :, Z. s..