Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-09-26

AND ALVIN HAWKINS.
THOMAS H. CALDWELL, Attorney General and Re
porter.
SAMUEL B. DAVIDSON vs.. BENJAMIN NANLOvE.
This is suit brought by the plaintiff in against
defendant for the conversion Of mare 1t the
DEFENDANT in error IN september lsz went with party TO
plaintiff for the purpose Of pressing for
the government The defendant did belong 10 the
On arriving at piant the horses we're By order Of defend
and Young driven into lot The caught
the defendant remarking she would DO The animal
by the party against the remORsance plaintiff
company about leaving the defent said he would
and get them to return her The defendant went 20 the
the and remained with them all night On the
morning he ssdded and rode the During the day
she accidentally shot and killed IL appears from ada
Wits after the jury had returned the defendant and
thereafter the jury returned verdict.
The other things not excepted to- char
Jury, if the defendant, though Of the party objected
any interference with the horse opposed kng
taking yet the horse taken by others and he
sadded the horse had possession Of
him with the bona @ intention Of returnD plain
tf he would not be responsible liable conversion
The jury found verdict for defendant plaintiff moved
for trial. which motion oyerrued. painth
has appealed to this court IL now insisted that portion
of the charge erroneous tended the
jury That portion of the charge abstract question
law Is correct out was not applicable TO the facts OF the
before the jury According the rulings Of this
ground of reversal unless the charge tended the
jury Crutcher Fleming, Hump, the case OF
Bridges Beck, 2Hump 56 the settled principle
Judge confne himself clear explicit state
of the principles which in his Judgment, have
mediate application to the facts Of the before him.
We think, in this charge there not that that
authorize q reversal Of the judgment.
1t insisted there proof support verdict It
principle announced reported
DECISIONS for than twenty years they viii
verse the Judgment of the Circuit Court if there any
sustain the verdict of the jury, and this principle
well settled to be disturbed.
under consideration, think no proof
sustain the verdict of the The defendant 9th
ers the house Of plainti without legal authority
had driven into ot-direced animal caught
I-remarking she would do She by
party. He engaged in unlawful act, and
associates TespassOrs, and guilty
king the animal of the plaintiff. The defendant assumed
exercise ownership the property the plaintiff
authorized by The taking illegal
guilty a On the day following
used by defendantthe complete
assumed control of the animal the ns4 daY but the
the taking possession Of the pIantif Wa
against the will of the defendant, and hes he
signed to the and if there would NOT
eye him from his toOus acts the previous The pot
of the law thrown around the property every cit
and unauthorized assumption ownership over il
sustain the verdict, and it Circuit udre in
refusing TO grant a trial.
g. 1t is insisted the Judge in refusing grant new trial
improper conduct Of defendant with the Juror while
which this Court will In have of tho
law governing this ii
this question at this time such tho part OF
sutton is highly improper and epTehnsbe should call
forth the of the Court be per
mitted tampeF with before their suits are
ing tried, and being in close them dur
the trial or whlo they considering verdict
The circumstance unexplained sufficient authorize the
Circuit Judge trial. and subject the PARTY 70
punishment by the Court for contempt The fountains Of
Justice be kept and free
will loose respect for the laws, rights Of 1rr
property will become SuOrs and Jurors
must place themselves position where their conduct
creates suspicion.
The Judgment Circuit Court is reversed new trial
is awarded and the cause remanded.
sHACKELFORD Judge.
4 Tn.