Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-09-01
DECISIONS oF THE sUPKEME CouRT.
OPTICAL.
Opinions OF the Supreme Court of q
state OF Tennessees at Jackson, DeceI
Der Term. I65Ss

Opinions. oE the supreme Court of the
state OF Tennessee3 at JACKSON, Decem-
State Of Tennessee e. Vim. B. Green.
This appeal in by the from judgments Of the
Circuit Court quang against GsE for the costs
prosecution utd by him. before ustico ef the Peace
Whea ts defendant d5harge by the magistrates who
upon the taxed with the cost osue
go 4f.,t tfsa
loo Of GEES a1i 5 aat Of the ue, the
Circui- Cousr, bv Of csrtorr and superseeas
The Court entran the ease for an nvsstigaticu Of
tEe s0aLs Of tie magistrates msnt holding that no appeal
tiorri viii lie the suent Of Justice tsXinv
prosecutor vita costs, Crcut Court but held that ne
ia et against the od and, therefore, quashsd
tie execution.
The warrant rees that wssisuei upon the oath ana At the
instance OF H T. RtzS, and upon the back this the udz
ent which is taa- the eeaat PAfz was not gnjItv and
We dc r tlat the prisoner De- released from
ensre tat prosecutor pay ali The costs OF suit f
OF the justices sat upon case dissentei in writing
points, believing that defendant was guilty and
BE tn6 hi, Honor quts1g execution uDon the
ground judgment VOID rr uncertainty IL Is tr,s
gme DIES it, GKEEN was
his inserted n bu the srrant shows that and
the d. Get, 1t is entered upon the paper. Thee il
uncertainty where reference is whole paper and the
applied technical proceedings before magistrate
1t ike Of gmeaL Ly Iaoon where every hing
necessary ye Erseon esDisn Liability must appear
in k udgnsnt, for, in thsss cases. there nothing with which
ts connect sud CLIP Out tie i1d, meut.
Bus think The Crsu had urs ietion to reverse the
;ui reft fafT0FIy the recorded the
ices n discharge tzr cuty as committing tribunal.
the prosecution not frivolous Eacous and rejected By
the court upon ground taat udElep. fog cost the
prosecutor tal conclusive. If his
PIalc justice would defeated by dserrng
from prosecuting odeu lers.
Taer- many cases. oomuch reluctance on the part Of
t. EGasrlas The performance Of this islgreea5le and
often dcy re SINS but il in addition to
Theses thy put in danger OF having the thrown upon
them, by aTeIae OF the committing Court the
guilty will oftel 70 unpplisied ami even unarra ned
The prosecution shoU vera ceaFly without fOundatOn
known the prosecutor, shoE motives
we're seou and f the promotion OF public Justice in
1t and does often isFpen apparent causS
exists wfen upon inyestsa5i it enrsIy
OF malicious prosecution, with proper motive
which is 10 Tiug blenders 70 n for the public good Ii
process AID forms the ought S0lsg to grai
i erobai animosy nor ckssy. there ground
for the ehtge 1t oi Gountul eTpedisncy
ms power 70 cllHs Solrt where the cause Iaut Of ne
cessty, as general Thing, be mperfsc'iy examined
But it has been doue, it indispensable that thei
judEaen should be subject 70 re.on Such power, tn
Circuit Cour, court Of igTisdicisu, has
lu-oF JuTsc5 even Courts Aarta iy virtue Of the
s.utiona writ Of ce1ri aualaz 10 the Kings Bench
L, q Id Lugsan Mckinney, Yer ,2l.
TIE Parccs Of eSanug in the Circuit Court, wou
certainly re ncQn'eeut In cases There the evidence had
down. W the justices they requir DO b
law Where ni IS done, VIII say would be
hst not the question before bUt this the pet
toner proposed 20 5n By ts oct EIea down. that tn
Judgement ust Lm for cost, We thin
should have examined it. determined the question
Of liability II the under - law The power given
tie dscte'Ea butits legal, ,aud srbtra
di CTeioH.
It may he very much abused and shoudte subject to reyo
in the rcut Court The ground upon VII ch be eSsmin
ell fixed - the law @ s, the prosecution is frivolOu
or mici uanot otherKIss By i0rari, The msy
brought before the ircuit whether jude
ms Of the committing Court correct that question
w reverse the judgment dsuissing or refusing the csora.
to IN point welt the quasnng The execution
ej. and leciae question upon its III t. he Cou
should fnd thai the facts authorized the judgement against Ia
prosecutor ior the costs t all be proper that eg
! costs are charged in the eS. Gu ion CAEUrHERs
| Test. Il 4. WELCH, Clerk