The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-23

No. Si2l
Jn.n h Pass Appellant W. NeRle, Cuaiun & CO.. Ct


d"ln u Pass Appellant ". Nai'le. Cuaiur1. & CO.. ct
a-s NirPri'"--~.
Appeal n.uu Chaurory Court OF Y,tlulul Ba rarp+,
AppaiAu, Hiaa Dis hIIi .n tie ,nur, below tp oni6n
tge a.ir,m.h p. d. Judgment against him .n favor
H~ tac owner 0t various rlGme against tH. plaintiff,
in execution. That the same were uhu3nad since
tho Judgment a-un~, Dim. That NrRao Coffluan
q '"~aa0 each "l the members of said tr1l IN
solvent ami refuse 90 Day said claims, and rl- unless
tH" -glu Judgment aIt execution are restrained ana
200 'HnN"u'" ELtn HIu for his said claims IN this
Cuur- that Do" wil ho compelled O. Jose Them The
bills notes. a. as -rtotr and decree over The i'm
November ls5t. the Planters Bank Of TruneS,ec
M,ua petition claiming 70 Dc tao tran-lo-roe of said
aut before ho had acquired the cydcuooS # indeh-
eancs< set forth 20 ms l and praying 90 hc made
g parry H't1h"ahi 'he'"lo, ana permitted tp main
fHu IT. rights against the s'ud complainant as such
deiendsuJ
To tins petition general demurrer WIS fled in
short ly counsel, on the +,h November. 1856. which
WIS nyerTu.rd- the petition allowed auit.a petition
r. ordered i'ha made defendants 70 compliments
Cn the same day The said McRae & CoiTuan filed
their JOINT aud several mt~wt iu which they admit
tHe recovery 81 the Judgment and the proceedings
lHr"'on thgrero a- stated IN complainant blu. but
4yhl ihAl ''nPa"n2ui j. bona 1's the owner Of the
drafts and note nede exhibits 10 his h.ll, ur that he
ha- pud any consideration therefor agreed TO pay,
except m Tie event ol success ln tins litigation. They
further state and answer that said Judgment had been
transferred and assigned % the Planters Bank Of
Tennessee before the complainant acquired the drafts
au1 note mentioned In nIS hll. for the purpose Of
paving certain Hr'l- held bv the said Bank AGAINST
NeRte Goldman a Co. and which were sr the tne of
~ui tHu~t,r ia the hands uf Ne~sgs. AldrI3ge Col
HuHN- attorneys Tor collection. That the attempt Of
SAID complainant to procure au allowance Of said
claims i la fraud and bad faith The answer admits
the insolvency oi tile firm Of AtcEac. Corman 4 Co..
I TIL" answer Of the Planters Bank of Tennessee i
substantially the same. on the 5tb November. lS56,
Z q @l,.H'h N'o hl'i- 70 dissolve the injunction which
tad been previously granted The motion was over
ruled aud leave given To defendants amend their
aA>"ele ana on iLe same day leave given to take the
Z deposition Of totinan.
HE amended answers next appear in the record
adopting thc previous answers except 50 far as t.
~a." i1a h" transfer spoken Of m the first answer
occurred autorlort1 Judgment and was u transfer OF
Z iA' claims then in thr hands Of Aldrdge Goliday
upon winch >ut- We're pending AT the time and that
4 Jl'Gheh, was subsequently rendered agajnst com
I planant by agreement and with tul knowledge ut
! such transfer totur Bank,
ON the l4ta November 1857. the cause was submit
ta'i "n bill answess. exhibits, and proofs, and de
cree entered d-sutrng the injunction aud lismissinl
! compliments hl.
From th~ decree th. appeal was taken. and is nov
I prosecuted here.
The proof gn tha part Of complainant shows tha
ae purchased the claims sought to ba enforced in
thlS proceeding az fifty cents n the dollar after the
Innduon "t the Judgment against him. and ful
knowledge ui the transfer 20 the Baull Upon TIN,
S.'iS @. 'hg case several asst nmentS uf error ar,
hlea ana relied on Iu tAJ- count
!. TITS urged tUat ta, court erred In allowing the
/ Planters Sank ui Tennessee 20 Dee made party -
/ Thus was done on petition o. which q general deulur
rcr was flied, when Nas nvcrrGcd. What ground
/ was assumed on The douurrer-vhat showing in sup
port gf the petition NAV have been made tl lr'iIt,
the discretion of the court as % the interest of the
bG-N' M the litigation then p,nanE, w. are not m
formed: and II error existed n the action Of the
court on satteot over which i Las not only ampl,
.NF.-p.ti''l ~. lll u was tt business 81
complainant % see ti.' iAe proceeding ~hgnld nave
hr'nsum'cnily tuli anu formal tn exhibit with certain
/ IS the grounds ut his complaint. Looking TO the
Whole case "c~tt nu error h allowing the Planters
l.hN or tennessee To it ln3de party deieAuant.-
j. ocrtally WS the real party Ia interest and sucl
hn oe'I 'l.'H ~. 'teh properly i'A''i'" h lh
cause &iH'ui making It q party.
= j nc hrNt iI'",l 'l error ''SlEheI j. th3t tl'
'".i' a..'N'A NI' grl.il''alt- =" "N',itu NltF an
sNtts. Iih~ 1'"H9d seems q u urged mere tor th'
hi-l tnt. 80 "'.egtloh OF eNeepL9h appears b
~. a. ~, W. lf,,, ~ ,,,. ,,,
( sn+- ANA .-f. t8a settled Irstt,. III tlis ro,lrt
1 It n ',.,.. 80 -... ~ -. ,F..,u ;,',
/ ,, .....g ~, t --,, s. -, Nj h,4 4 lt,' ,,I
| I -, @ ' , - 'l FL ~ 90 -. ~
- -.''', ..'' fN1"'''' RI .''' -N'''" Y ri
1I, rI.,qf,,.,,,. .,...,rs,,t If ,,, an have p,
/ ,.,.., -, f..,-., d. .. -. .,-,- -. -. ~ -
I i.3.,. .g IN. +,.t' e.. a., Ir.. ~ 1sr. II n y,
r'~-ce ~ej UP in IT'S an-W3r We WI, therefore oi'
'.- 49, "N7 ..''', . ~ ,.,',t on, il'..l ~.
case Of Parker pfl Vs. Bacon 90 ALL decided bv th
1 court n 2tn Miss. L.. D. H. as conclusive of Il!
point nov under consideration.
~Nehl- Size haNhlU ni lan-aage and even Of SCI
t,u,e- disconnected from tior ,onteyt as wen
Oh, special ~t.iral ln~ Co which they have been a
Piled uat n courts tt h7- become settled rule thi
all atinu'1iious aF. ~ lc considered only ~ CONNIE
tuu Wlfh. an" as tN'trN'H hN Hhb ltHied ~ IN
stat. 90 circumstances "N NPts'lN- h Nir l''pid'
IHnra.y 20 Psik. NJ. aaon, was a ease where q
. Z Planter. iahh before li~ dts~oi1tln hsd uansic
10 red IF H.nFtrNH Judgment against Parker, ct al
+ Bacon iu. NHlHc received The Bank WIS aterwarJ
deprived ut H~ corporate existence. lNr ludgmc
remaining sun gu~atl~het Bacon fled his blll pra
, u- fora decree i1r the amount tro ou sand iud
, menf a-ain-i ilG deien iants' 'na i'r general re'
M amended mu WIS Aii'F"s''i> hletL stating that
I fore tHy -t 1uh. lN+a an execution had issued
" -s1d Judgment "> l'Iyd on I've negroes, torthcoi
,- ."- ''.'' l - ~ % 'il1 !'a' W, y
IF rt several .xcrTtnn- is,rrS an .,'a ,.rr,sr