Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-01-21

I'm mOtlOn Dy MT CAEslLf OF carter, NlF hODerLs
had leave Ofsbsence till Thursday.
LAW REFORM.
MIR ST. JOHN moved to strike out from the bill
adopted in lieu the provision to give the Circuit
Courts concurrent jurisdiction with the Chancery
Courts: which he Immediately Withdrawn.
SHREWSBURY explained, that his object was
to abolish all forms of declaration and technical
pleadings
Mr. TURNER Of Sumner proposed to amend, by
adding: "Be Il further enacted That in all cases
the petition and answer shall be verified by the
affidavit Of the parties, their agent OF attorney.
He spoke to this amendment which he proposed
as essential to the perfection Of the bill.
Mr. DAVE moved indefinite postponement of the
bill and amendment which motion was rejected
yeas Is, nays AZ.
Mr. TURNER Of Sumner asked leave to withdraw
the bill, &C., for amendment
Mr. DAVIDSON, seconding the motion, gave rea-
sons why this course should be taken.
Mr. THOMPSON preferred that the second reading
Of the bill be had first.
Mr. TURNER withdrew his motion TO Withdraw
Mr. Kendrck suggesting that course to give roOmfor
amendments.
The question was then taken on the adoption Of
Mr. Turner's amendment, BY yeas and nays, (de-
manded by Mr. Bullock resulting-yess So nays
IS, follow:
Fsas.-Messrs Algee, Anderson, Bate Bayless,
Beale, Bentley Benton, Blackburn, Bradford, Braz-
elten, Caldwell, Copeland, Davidson, Davie, Dobson
Dunlap Estes Fulton, Cannon, Griffith. Hamilton
Harvey, johnson, Kendrick, Keeney, Lamb, Loyd,
Low, Nancy, Maris, Mickey, NeWbern, Newman,
Polk, Randolph, ROulstOn, Richardson, Rose, RoWles
Saunders, SOhmittOu, seRteT, Shrewsbury, Smartt,
Stoval, Summers, Taylor, Thompson. Turner Of
ROane, Turner of Sumner, Williams, Wilson, Wood,
Vaughn, and Speaker Donelson-55.
Ndys.-Messrs. Bicknell, Bullock, Carter of Car
ter, Carter Of Hardin, Cooper, Dodsou, Ewing,
Holmes King, Renshaw, St. John, White of Ham
ilton, White Of hnOx-lS.
So the amendment was adopted.
Mr. kENDRICK proposed further to amend, BY
adding the fOllowig:
''Be Il further enacted, That in all equity causes
tried in the Circuit Courts of this State it shall be
the duty Of the Judge hearing said cause to order
jury for trying the facts whenever demanded by
either party"
Mr. ALGEE proposed an amendment in lien of the
amendment as follows:
"Bs Il further enacted That the court trying the
cause shall have the right to try both the law and
the facts; and if either party thereto shall desire TO
have his cause tried by jury he shall write on the
docket, on the first day Of the trial Of his cause
Jury desired and the said party shall have his
cause decided by jury"
Mr. ALGEE. The difference is this: The gentle
mans amendment proposes to include only the trial
Of equity causes My amendment embraces the
trial of al causes and suits at law
Mr. DAVIDSON. Has not the party now the right
to demand juryf
Mr. ALGEE. No.
Mr. R0WLRS. man in equity may have jury.
Mr. KENDRICK. There is another difference.
The gentleman from Carroll requires the party de-
string have jury, to put his application on the
record the first day Of the trial wish 10 allow the
party the right to demand jury at any period of
the trial.
The amendment in lieu was rsjec ted; and then
Mr. Hendricks amendment vas adopted.
Mr. THOMPSON proposed fuTthsF 70 amsnd nv
adding ths fOll0EiagG