The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1868-07-17

Decision Of Chancellor shaekleford in the |
Great Medical College Case-Dra. Jen-
nings, Eve and Jones Sustained.
On yesterday morning. Chancellor Shac-
kelford delivered an elaborate WI itten opin-
ion upon the points involved in this case, !
from v Lich We make the following abstract
Alter reviewing the facts Of this case, and
referring to the questions made by the par
ties. lie was of opinion,
l. That 10 contract or agreement made |
between the parties composing the original
faculty, before they procured the lease of
the Medical College from the University of
Nashville, can be looked to in determining
the rights of these parties.
Q. That this lease made by the Uniyer-
sity of Nashville to Drs. Watson, Buchan
an, Bowling. Winston, Porter, Lindsey,
and their successors. on the 18th of OctO-
Der, 1850, is the only thing that can be
looked to, and it does not in law create
partnership in the legal sense Of the term
therefore the court cannot appoint a re-
ceiver, as it might have done, to take charge
of the partnership property aud close up the
firm, but.
3. The lease having been made to those
parties and their successors, it was not the
intention of the University of Nashville to
vest in them any right of property in the
Medical College, but simply the right to
conduct Medical School in the property
leased !; and this right was vested alike in
them and their successors.
T. And therefore, upon the death Of any
one of them his interest in the institution,
did not descend TO his personal or real re-
preventative, nor was it liable to his debts
during his life time, neither did it survive
to the remaining original lessees.
5. For by the terms Of the lease, when
chair became vacant, or new one was Gre
ated, the faculty of the Medical Department
had the right to nominate the party to fill
it, but when nominated, he became So.
cessOr" in the language Of the lease.
embraced in its provisions, drew his pow
ers and priv leges from it, and the univer-
sity which granted it became at once equal
to and independent of the other members
of the faculty as fully as though he had
been named in the lease instead of being
embraced undeFethe term of successor.
6. 10 as much as complainants, Jennings,
Eve%nd Jones, have been regularly consti-
tuted successors" in accordance with
the term of said law, they are entitled to
all the rights, privileges and perquisites
arising from their partnership, and as the
power creating the Medical College has not
provided any mode by which they can be
expelled, no such power exists either on
the part of the University of Nashville
which yielded up all control over the Med
ical College during the existence of the law,
nor on the part of the original lessees be-
cause they did not exercise any such pow
er under the pro visions of the law.
7. Therefore, the act of defendants, Bow
ling, Lindsey, Winston and Briggs, in at
tempting to expel Doctor Jennings, and to
vacate the chairs of Doctors Eve and Jones,
was unauthorized and not waranted by the
provisions of the lease, or the powers,vest-
ed in them. That the compliments, Jen-
nings, Eve and Jones are entitled to fill
the several chairs in the College, 10 which
they have been respectively appointed, and
are entitled to be protected in the enjoy
ment Of their rights and privileges pertain
ing thereto. That the defendants, Bowling.
Lindsey, Winston and Briggs, be enjoin-
ed and restrained from interfering or mo-
testing them, and that they be permitted TO
lecture in the College, enjoying all the
rights and privileges pertaining to their
chairs, and bearing their proportion of the
expenses of the institution.
8. And as a result of the foregoing prin-
ciples the court is further of opinion that
the appointment of Drs. Maddin, Calender,
Nichol, Buchanan, Van S. Lindsey and u.
NJ. Compton was Unauthorized and void ;
that it was done in violation of the iniunc-
ton of this court, and they have acquired
10 rights thereby; that they are iDtruders
and will be enjoined from lectuGing or in
terfering with the compliments, Jennings,
Eve and Jones, in their duties as Professors
in said College, and decree will be snter-
ed in conformity with this opinion.
The Influence of a Good Life.
Our experience and our conflicts with