Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-11-08
THE TNJUNoaTOR CASE.
Decree of the Chancery Court.
An Appea, 60 the supreme Court.
Defendants aud COmplAiuants 10 Give
Bond.

An Appeal 20 the Supreme Court
aud COmplaiuants 10 GIVE
Bond.
State of Tennessee Us. the relation OF H.
/. Thornburg ct ais Us. A. E. Alden ct ais
This cause came on to be heard this day |
II November 1868, before His Hon j. o.
Shackleford Chancellor.
The complalnanls having previously
presented the bill at Chambers and out oil
Term time for an Injunction but the Chan
celor in view of the importance OF the bill
ordered notice to be given to the deien-
dents, and that the case be brought up IN
court. The notice having been given, The
appeared in open court and
having filed the bill moved for an injunc-
ton, whereupon the court allowed the de-
PENDANTS time to file answers, which they
declined doing and filed demurrer, and
thereupon the court proceeded to hear the
case by consent of parties upon the bill OF
complainanls and the demurrer OF deien-
dants. The court is Of opinion and SO
DEGREES that the demurrer 80 far as 1t
relates to that part of the bill which
seeks to attack the validity of thu election
of defendants is well taken and is hereby
sustained. The Court being of opinion
that the two houses of Aldermen and
Councilmen are the sole AMI ultimate
Judges of all qualifications, election and
returns of their members, and therefore,
that this Court cannot inquire into the
legality of their election, and that this
branch of the bill must be dismissed.
But the Court is further of the opinion
that the act of February IS, 1858, requir
ing certain property qualifications for tbs
Mayor, Aldermen and Councilmen, was not
repealed by the act of March p, 1860
but is still in force, and that by virtue o
| its provisions those officers should be .h,
owners of real estate in the city, anC
iuasmuch as the charge in the bill, tina
certain defendants do not own an!
real estate, is admitted by the de
| murrer, the Court must take it 10 b.
true, and under the provisions Of tn
act aforesaid, they are not entitled to hol'
their offices. The court being further o
opinion that the relators under section
S4I1 of the Code had the right to file tn
bill; it is furthermore ordered, aaiudget
and decreed BY the Court, that the de
murrer so far as it relates to that part Q
the bill which seeks to declare the Office
of said defendants vacant for want Of tn
property qualifications required, be di:
allowed and overruled.
And the Court is further of opinion, tina
though it has the power TO declare tn
offices of said defendants vacant for want {
the qualifications aforesaid and to enjoi
them, being mere usurPerS from receivin
the perquisites and dischargiDg the dutie
of their offices, yet it has no power to plac
any one of the compliments in office
vacated.
1t is therefore ordered, adjudged and de
vised by the Court, thatupon complainant:
executing bond in the sum of five thou
sand dollars (S5OOO) conditioned for th
successful prosecution of the suit, and pay
ment of costs and damages to the defend
auts in the event of failure so to do, an in
junction will issue to restrain the defenc
ants, Alden, as Mayor, and the defendant:
w. c. Kinney, John McGavOck, P. I
Coyle and II D. Grant, as Aldermen, an
the defendants W. ]. Murphy, W. Wrigh
| n. G. Thayer, R. S. Gaines, J. H. Sumne
Henry Jolly, Wiley Ddke, B. ". Kelle,,
/ VIM. Bonner, Squire Fain, VIM. Lont
VIM. Gray, Randall Brown and J. "
| johnson az Councilmen, being the parti
1 charged in the bill TO have no real estal
from receiving the emoluments and pei
| quisites of their respective Offices until Il
] coming Of their answers. From which d
cree the said defendants pray an appeal t
the next term of the Supreme Cont, 10
held at Nashville, on the first Monday
December, 1868, which appeal the Chat
cellor is pleased to allow, upon defendant
executing a bond for costs and damage
conditioned, aud payable as the law d
recls, and defendants are allowed tw
weeks from this date to give the bonds.