Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-26

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Expression Of the sentiment Of ths 0ppo-
sItiOn OF che Teunesse LesisIafure on she
Contest fer the OrERnization q the
House.
Mr.. PoETER, Of Henry, offered The following, at a
meeting Of the Opposition nsembers Of tlia Tennes
see Legislatuye which was ananinously adopted.
Res5ued That vsk approve the course which the
Opposition members Of Congress from this State
havs pursued IN the past abortive attempts 20 or
ganize the House Of Representatives, and have fun
confidence that whatever they may DO IN future OF
further efforts to effect that object viii be dictated
by principle ard high sense Of public duty
Expresslou 81 the sentiment % tnc lEeFszls-
licans Of the Ohio Legisiature on she
Contest Tor the 9rganizRtiVn q tie
From The Ohio STATE Journal.
The following letter and resolutions are timely
and forcible expression Of the unanimous apprOba
ton Of the Republicans Of Ohio. for the course of
our Republican delegation in Congress and for John
sherman, whose conduct during the contest In the
House has been honorable to the State which he
represents. In this conflict the Republicans have the
satisfaction that they can point 10 the record and
show that they alone have supported a candidate
for Speaker who was for the Constitution and the
Union
CoICNBUs Jan. 10, 1869
Dear Sir.-It is with genuine pleasure that I
transmit 10 you the enclosed resolutions
They were passed by acclamation at full CON
yention Of the Republican members Of both Houses
Of the legislature held last night. only six ont Of
eighty-three being absent
| win say further, that believe they express the
general sentiment Of the Republican party through
out the State.
As to Yourself. there is but one feeling here, and
that is Of warm admiration Of your firm and digni-
fed course, and gallant bearing in this trying con
test for the Speakership,
With sentiments of high respect.
am. yours truly,
w D. COLLINS.
At a full meeting Of the Republican members Of
the Ohio Legislature, the foOW wing resolutions were
unanimously adopted
lst. ReSolued By the Republican Senator'S and
Representative of the General Assembly Of Ohio,
That the persistent support which the Republican
members Of Congress have given to the Hon. John
Sherman for Speaker, meets the unanimous and
cordial approval of those whom we represent.
/ ID. Res0lCeI, That The Chairman Of this meeting
send the foregoing resolution 70 the Ohio Republic
can Delegation IN Congress.
WM. Q. COLLINS, Chairman.
| p HE Tglyr, Secretaries
CoIUMBUs Ohio, Jan IS 1860.
Decisions or THE sUPHEarE COUHT.
OFFICIAL.
Opinions OF the Supreme Court 81 ths
state Of Tennessee at Jackson, april
/ Term, 1889.
JoAb Parks IS. J. B. N. Alien, zaeutsr, and others
This is case of some novelty and it is difficult
TO know what disposition Should be made of IT. Il
comes before us BY appeal and error from tie ac
ton Of the Circuit Court on the petition of Parks
| for writ of supercedeas to an execution issued
against him upon judgment Of the Circuit Court o.
of Weakey for Sl0S6, costs, as the security Of the
contestants of the willOne james Turner, deceased
The contest commenced in 1856, when CardweI
and Rogers were the sureties, who. continued unit
/ August Term, 1858, when they were released. and
! Parks became bound. The entry of the record Is
/ in these words, as set forth in the petition viz
i eJ0ab Parks comes into open Court and aeznowT
edges himself the defendant security IN the sum 81
$1,000 in the room and stead Of ~ D Cartlrell All
/ John a. Rogers, their former securities condition
ed that they defend their suit successfully or IN ease
] of failure to pay all costs The case was thef
continued By the Defendants at the costs the term
Ii was tried the next October and decled in favor
4 of the viii, and against the defendants Wherein
on the execution now complained of was issued up
or the Sd of November. for the Costs amounting e
| 81 0S6. The Circuit Judge granted his fiat out OF
! Court on sd of February, 1858. for supercedeas
as to the cost of August term, lSjS but refused 4
as to the balances the next term il appears thai
! an application was made IN open Court upon the
same petition for suPercedeas, and the Court re
fused 1t, except to the extent before stated From
/ that judgr9ent the appeal is taken to this COurt
/ 1t IS impossible tor US to pass upon the correct
ness of the judgment of the Circuit Court IN grant
ing the supereedeas as to the costs Of August term
1858. because the record is not before us and with
! out that we cannot Know against whom TIE judg
ment was rendered or whether after or before the
petitioner entered IN the Feeoglizance for cost
\ The petition does not even disclose .thas fact
But the appeal is not from that but from the re
fusal to 90 further It probable that the object Of
the appeal is to test the question of his liability and
! if liable il to reduce it to $500 These questions
are made by the petition and if with the plaintiff
would entitle him TO the supercedeas.
l. Is he bound at alR There can be no doubt
that an undertaking by recOgnizance for costs is
as good and binding as if by bond, which is tine or
dInaey mode But it is insisted shat if that be so
yet this Is not good because it does not bind the SUI
rely to the other party in the suit or name any one
1 to whom he is to be bound.-That would have been
more formal but it is only defect in FORM and not
substance. It is upon the record in the suit of Al
len vs. Turner's and he agrees to be tine defsnE4ntis
whom else could it be- Il is too easily rendered
certain to be void for uncertajnty.
4 2. 1t is argued that he could only be bound foI
! $500, fer two reasons:
| l. That is the prescribed by statute for con.
testants Of wills. and 2, they entertain in ne room
and stead of the former securities and they were
! only bound to that extent
/ Neither of these grounds arc available The stat
ute is only directory to the sum Of $780, and the
Courts may exercise proper discretion in view OF
the magnitude of the suit and the probable cost in
regulating the amount. And so in taking other OF
/ additional security the amount may be changed
The fact that the former securities were bound in
$780, is reason why the latter might not be bound
for more He took their places as to the surety
| ship not the amount He agreed in his recogni-
zance that it might be raised to $1,000
We do no. see why the Circuit Judge did not SUI
percede the execution as to the $50 he could not be
! liable beyond his obligation.
All we decide now is that the grounds assumed in
the petition are not sufficient 10 exOnerate him from
the costs. to reduce his obligation to one half and
therefore the Circuit Court did right in refusing the
supercedeas to the extent demanded The case
IS affirmed. and remanded when justice viii be done
BY correcting and limiting the bill Of costs as may
be right and proper. CARUrHERs
Test IL D. WEIGH, Clerk