Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-14

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The Judgment in this case. is erronsaus "a
faces are as follows: At the July yerm 1855 q lhe
G reuit Court. Of Anderson tbs defendants ioi6flr
confessed judgment for the fine and costs as The re-
cord imports, on behalf Of Solomon Disney. wbo
had been convicted Of a misdsmtanor and sdiu.Iy-
ed 10 psy fue and the costs, of he prosecution in
All amounting to the sum Of 81. Following he
entry Of the judgment against fheul-whieisin the
usual form, there is this additional entry and hat
an execution, reiuFaable to the next term Of this
court for ien dollars, issue, and that the remaindsr
of the Judgment bs st0gsd or The collection thereof
delayed, eight months" IN May 1857 after an ex-
ecutiOn, bad issued for the remlnder Of the iadg-
nett. agaiDst the dsfenddanfs,-tbey 6ed petition
for WiitC error ReJis and f,r sup rsudias
10 have he execution Qussbed. the ground THAI
bg An express agreement made az the time Uf their
undertaking, tbsy were only liable. as sureties of
solomon Disney, for the Of Zen dollars part 0f
Lhe hue snd COSTS, and lot foF rse whole am9UaE
But that The clerk ef the cO0rt IN ma king the enifJ
on he minutes, By mis- ase made tsn isnls for lhs
entire ameant CT the jedS ment The prayer Of the
petioH was granted AID al The return term The At
torBey GenerAl entered motisn 10 dismiss The ne
iiOEand writ Of error eoraul RoBs which was over
ruled by the court TIE court the4eupuu Gsjsred.
that an Issue Of fact be made uD Rad su5mirs "a "a \
jury, which was done aeesrndineiy. and ths jury
having fauud the issue in favor OF The defsndants
The eOuFtIendered jodemeut thereon. To reverse
tais judgment, The Attorney General appealed in
error 10 this court.
Toe bill Of exceptions shows that Oa the trial of
the issue, ''various persons" behalf Of the de-
iendanis, testified that they present in court
at the time Of the defendants undertaking ss sure
ties for solomon Disney. ssd that they uddersiood
that security given fer only ten dsllars" "And
on the other hand. 'Vareus Witnesses o. behalf og
the Stale, testified that they were also present a.
the time, and that they understood defendants 70
agree to secure the whole fRs and eOsts dollars
to ne paid by the next term Of the cOIrt and exc
0t-k k,o ~
m hs Thefoilowiug memorandum from the Judgs's
rough docket, made at the line Of defendants uhisr
taking, WAS read evidence, By he defendants:
'The State US. S9lGmon Disney" Wa sRd J0sh.
Disney security foe sic, TO be paid next court; stay
execution as TO balance months Me have set forth
he facts Of this case. 10 order 10 show how lightly
he verify Of solemn records is esteemed In some IN
stances, and hOW uneeremoni0usy they gainsaie-
If the truth Of the reeoYd could be mpsached in the
manner here atiemptd, il is officially to perceive
l0E, Np1n tha evidence. he verdict could be sup
ported; for certainly there Is nOihiRg in The uem-
'randun Of The Judge, in the oral eyidene % sus-
ain the Allegation OF error, in the clerk, il making
40 the record CT tie traEscion.
But upln we'll es'ablisbsd principles this is NOT
,asa Of error, either in matter Of fact in law 5r
ghiea ths Judgment IS subject be revised or re-
sersed, ethsr IN the court IN which il rendered
d ia a revising {. IF ibe mistake really occur
ed IN making alleged bg the defezdanis il niznt
ave been corrected By the court, during the term,
he record is said 10 be in the hands Of the eoaSs
nd suj set 10 its eoEir0L But after the record is
lade up and the term closed, il admits Of no aitsra-
ion. By the same oOutt unless for sou mistake pat
mt upon the face Of the record, or proceedings Ia
be esee- And We suppose hing moro than this,
really meant BY the act Of 1856, eh. 50, SEQ. =
be Judgment viii bersverssd the petition and writ
error be dismissed and execution viii issue from
Iis court for the remainder Of the Judgment
MckmNaT.
A true copy. Attest c. W. NELsOS, Clerk