Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-12-19
II niOn aud 9ispateh.
THURSDAY. DECEMRER 10, 1897.
largest Circulation in City and State.
IMPORTANT DECISI0N IN THE
UNITED STATES COURT.
The Gases of VIM. g. BrOwniow and
J. A. and Robert Piekens, Adm'rs,
v. =. VIVA. III. Sneesi. and Others.

- ~ anu ks0DtEA EAGaCh-3 SAtAs@A
v. a. VIVA. N. sneesI. and Others.
From the Knoxville Free Press, Dec II.
In the United States Court yesterday,
Judge Trigg delivered his opinion in the
cases above recited. The two causes were
heard together, and the ability with which
the argument on both sides was conducted,
together with large amounts involved, have
given 10 them more than usual public
Interest A brief history of the proceed
ings may not be uhiuteresting
In the fall of 1853, suits were brought
by Brownlow, and the Pickens', in the
Circuit Court of Knox county for damages
for false Imprisonment, in the former case,
of w. G.. Brownlow, and in the latter, of
Samuel Pickens, deceased. The Pickens
suit was first brought in the name of the
heirs Of Samuel Pickens, deceased, but
afterward, by amendment allowed by the
eoust, the administrators, J. "A. and Robert
Pickens were substituted as parties plaintiff.
The siits were both commenced by original
summons, and the parties against whom
Judgment was finally recovered in each case
were brought into court by ancillary
attachments, levied upon theirproperty, and
publication for four weeks as prescribed by
law. The various alleged Irregularities in
the proceeding we will not undertake now
to recite, but will confne our account 10
what was done.
At the October term Of the Circuit Court
of Knox county, 1864, Judge Hall pre-.
siding, the two causes came on for trial.
The suits we're dismissed as to all the de-
PENDANTS except Sneed, Crozier and Rey-
nolds, against whom, in default of pleas,
judgments were taken and writs Of inquiry
awsrded. Juries came TO inquire and as
sess the damages, and in the case Of Brown
low there was 4 verdict and Judgment for
S25, 900 and in the case of the Pickens' for
$40,000-the defendants not appearing by
counsel. Writs of uendifioni eTponds were
awarded in each case and the property at
taehed was all sold by the Sheriff of Knox
county, the plaintiffs becoming the pur-
chasers, whereupon they took possession.
Afterwards both causes were taken to the
Supreme Court, by writs of error
Ii is proper to remark here, that the pro-
perty of the said defendants, being very
valuable, had, before the judgments afore-
said in the Circnit Court Of Knox county,
been libelled for confscation by the United
States District Attorney, and, upon the
dismissal of the information against the
property of Sneed, he was restored to the
possession of the same by Judge Trigg.
AT the last term of the Supreme Court
held at Knoxville, Sneed presented his
petition, praying that the causes, under the
act Of Congress in such cases (he being a
non.resident), be certified from that court
to the United States Court. This petition
the Supreme Court allowed, and the causes
we're accordingly 30 certified.
In the meantime Sneed had filed his
bills in the United States Court, setting
forth, in fall, the records in both causes
from the State. Court, charging that sale
judgments were null and void, and that sC
were all sales under them, and praying
that all molestation of complainant unde
and by virtue of said proceedings be re
strained, and that his title be disembar
raised, etc. To these bills the respondent
demurred, and upon these demurrers thi
last application was had. ..... ..-
The argument of the question was verl
elaborate, consuming some six or eigh
days of the court, and called forth as mucl
professional ability as any cause that ha
engaged the attention of our courts 70
the jurisdiction Of the court.
As before stated, Judge Trigg, on yester
day rendered his decision. We did no
have the pleasure Of hearing his Opinion
(which was an oral one, but have learne
its points from our brethren of the bal
The demurrers were overruled, and, upon
review of the records from the State Cour
the Judgments, above mentioned were dc
clared null and void, and all title acquire
hereunder was for nothing held. We car
not now undertake TO set forth the va-iou
yiiiating defects in said proceedings upo
which the Judge based his opinion.
would not be prudent 10 do so without
written statement of the same from tn
court itself We understand, howeye
that the decisions Of the Supreme Court {
Tennessee, in the recent and leading case
of Foster as. Cox, et al, Ogg rs Carter ct al
and Henry as Clark, et at were the one
chiefly relied upon by Judge Trigg in h
review Of the State proceedings.
In the matter of the transfer of the cause
from the Supreme Court of the State to th
United States Court, Judge Trigg hel
that the provisions of the act of Conger
did not contemplate the removal of eauI
from a court of exclusive appellate juri
diciion, and consequently declined to eI
tertaia the writs of error in that view
the case.
What steps will.be taken by the respon,
ents Brownlow and Pickens remain TO
seen. Whether the transfer Of the caus
from the Supreme Court Of the State TO
court that has no jurisdiction Of the subjeC
is not such an abandonment of the writs
error as leaves the judgments in full for
in the court below and whether the Unite
States Court, in such case, has the right
review and set aside, on collateral hea
ing, the Judgment of State Court, a
questions which will probably yet call
further argument before the courts.
There has been no lack Of counsel in {
progress Of these causes. For Brownie
and the Pickens' were Messrs. Nelson, L
= gan Il Logan, Baxter & Fleming, Champi
4 4 Kicks, Temple & Andrews. For Sne'
Messrs. CroEier, Sneed, Brown and Jenkii
: The argument on the demurrers was &C
| dncted hy Messra Nelson Champion q