Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-22
Lay, ct. ais 6. The STATE.

1nlS was MOTION Ement against me > 1eT-
IL Of Campbell county, and bis sure les for ftliag
Iay the State REVENGE for said county, col
leeted for The yeas 1857 judgment Wat rendere ;
for the sum Of SLIPS So from Shieh the suretiss
have prosecuted Erit OF error this court. Sew,
eral objections haze been urged against he regu-
lari,y Of said judgmen,:
LIST. That ths bond, net being conformabe to the
act Of 1s4D, Oh AZ does not autb0rizs the ja1g
meut rendered thereon Il appears t5a, Wm. Mar
Der was duty elected Sheriff sni Tax Collector FOR
Campbell county, in March 1896; aud on the Ith Of
Afr'l thereafter, eniersd into bond for two years
-lS56 and 1857. il seems that il was neglected 10
have his bond for the collection and paymsn Of the
Stale and county revenue rendered Apail, 1857.
required by the act ADORE referred TO. But It IS
shown that the b5ni was rendered on tbe Oh Of
July. 1857 and upon THIS latter bond the judgment
was based sd
The objoo,ian IS. that the bond not baviaE Been
executed Gu he,irst Monday in April" require
by the act, IS uol a s.atHory bond and con eg nily
could net be proceeded upon in tbs summary meth
od This Election is ut tenabis, for two reasons
in the FIR place We are Of op no thlt toe ren2Eal
OF the boid al subsequent sesso1 q The cont 10
that PIescrib, u the act Of lo40 chap ~, was
within the spirit Of the subsequent act Of The same
session, eh. 100, sec. 6, and therefore was stsu
tory bopd .,a
But, in The next rllee, By the later clause the
9th seetIou Of tn aes OF 1872. ca 2f5, II is ex
pres IL dseared That all bonds aud ogaizsnces
[
bonds and eosaz inces, shall hereafter be coasid-
cred $ aiut5iy boats. Il. 49, .
Il is clCar TIA und the provision, his oFjee ion
is unfouaded Aad y that v:ew, The case Of Bougb-
ton The sac. 2 Hun, l9j, * not ineoRs ssent
with our determination in the pre- se0t c lse,
%. Bot the ia lgEent is az 4in.t John Hunter,
one of the suruies. This would seem, from the re-
cord 10 be clerical mistake il wrtir TIE nsuie
Hunter for Hutson. "John Hutsoa" is tie name at
tachsd tOthe Dcnd-there is no surely Of the na1ls
! Of Hunter. eas- rA I'd -rt HpeiH
50. The judgment appears TO be for too large an
amount. The account OF s. ate rsyFnas, as aadittd
BY tie Comptroller, with which Waraer was charge.
able WAS 81 $40 60 Thsstands ciediied b. the comp
troler, with $50 a. the account Of Releases"
aud also with the further OF $50 81, 'for com
mission leaving the nets BALANCE OF 81, 424 II to
be accounted for fueh is tue state Of the geeoRut
as rendered By the Comptroller. Bot the Coprt in
rendering Judgment, disregariei the erSdts, aud
subj setsd The Sheriff AMI his surties 70 the full
amount Of 81, 245-69 with Twelve AMI ene Ealf per
cent thereon. -f ia. -+....s,...f ~ s,l.t
AS sg lust the suriiies at Lq't who alone presses
cute this Writ Of Error, wsthinkthe Court errrd in
rendering judgment for mere than SIC osi1nee
struck by the Gfeer nrusfeG By 10 =, 20 credit the
account On the two latter grounds, the Judgment
nust be rsver ed, and the proper Judg viii be
rendered here. - MCKNskY.
A true copy. Attest: c. W. 'NErsos, eI.rk.
- bse rttIer 1tf aHs
-,, +. i. Stone. admir-, rs. Duucan 81 a.
The ChaneeloFs decree in this cause was right
and should be affirmed. The money o.n ed 10 tAsde-
fendant Duncan upOu the State blessings ia q 5
case, must be taken 10 have been the nancy OF
Thompson Gardeuhre, The intestaie OF complain
ant The bill rs 10 Martha Neaalon and s:tien
is taken for confessed IBIS is between ihela and
complainant, establishing the tile Of The ipey to
be in complainant 1ri vs. NoEssaek. Yerger,
~ - Is. Wite's heirs, Meigs Report, 25S.
This case is to lie ireai Ell though they had an
swered and admitted the complainants right as set
up in the bill This beng %. the dsfsnd4ns Dun.
can cannot eonr0yert the compliments right 20
recover He admits he owes the debt % some One,
and complainant having established his right 70 il,