The Hickman courier., 1868-07-18

This court, Judge Grassland preSid
ing. has been IN session during the past
! week, aud viii probably sta week longer.
The. dispatch of business has been
prompt sud satisfactory, and tie learned
and able Judge has won golden opinions
from our people, for his prompt and ar
/ duous attention to his duties in this very
unpleasant weather, not less than for hjs
Wise and impartial administration Of the
/ law.
: The. dpcketsis heavy and several eases
/ Of itnpo rta rSce are pending, beth on ac
count of the large amount at issue aud
tue interesting legal questions inEeiyed-
THE SHERIFF CASE.
a ease that exeites con nslderable inter
est throughout the county, Is motion
made by Maj Lauderdaie, to quash the
retarns Of Il +. Millet acting sheriff,
on the ground that the removal ei Wm
Herrin. sheriff elect, by the County CaCrt,
aud the appointment Of Miliet as his
successor, are. absolutely pull aud void
Several hours We're CONSUMED in the dis
cussion, Judge Kiugman aud Senator
Lindsay, assisting Major L., sustaining
the motion, and Meisrs. Tyler, Goalder,
anu y " OoWgstt4 opfOsff1fs TIE -ar-
galEeats were able and elaborate.
It will be remembered that some weeks
ago, Mra Herrin having neglected 10 ex-
ecute his bond as collector OF the reve
uue. the County Court acting under the
peTemptofy Instruction OF the State .Au-
ditor, summoned him to show cause why
his Office should not be declared vacant.
The question was ably argued b. Messrs
Lauderdale and kingman for Herrin at
the time, but Judge Walker declared the
office vacant, and the result was the ap-
poinfment of Il 4. Milet, Esq. Mr.
aliiiet did not seek the Office, and only
accepted 1t through the earnest solieita-
aoH.of friends, after Mr.. Herrin had de
Glued the appointment by the County
Court
The present motion is made mainly to
test the jurisdiction OF the County Court,
and the cons titutionaIity Of the acts upon
which he based his proceedings in the
case. Herrin's counsel contend that
even if there be acts of the Legislature,
authorizing the County Court to remove
sheriff aud appoint another, that they
are in conflict with the constitution, and
therefore null and void, and that while
there is lawful inc,Sie,en of the office,
such appointment d~rippother by the
County Court cannot eyeu make the APP
pointee a de fsoto sheriff, and therefore
all acts in that capacity by him are null
aud void
The particular case selected for the
motion is Gardner, Miller & Co. VS.. X
h. Finch & 60.
This morning (Friday) the Court de-
liyered his opinion on tlis motion, deci-
ding that the action Of the County Court
in removing Nun. Herrin was unauthor-
lied sy law, unconstitutional aud void.
and that in such case The County Court
had no right to appoint successor, but
inasmneh as r. II Millet had been ap
pointed under color Of authority and
,hrd acted as Sheriff by virtue of such
appointment, he was Sheriff. de facfo
and that as to third parties his acts were
legal and valid.
CAUSES TO BE TRIED.
The following important cases invoiv-
ing large amounts stand for trial this
term but are not yet reached r. T. Mil
let vs. John MilIet; We'll & Bro, VS.. j.
Silverstoue; aud Keith vs. Wilson.
CASES DECIDED.
: The following cases have been decided
or called. Jacob Cauman VS. b L Thonl |
assop, Judgment per demand Lauder
dale for plaiutif, hipgman for defendant !
A. s. Anderson for use, DC, VS.. g. c. /
Haliet's Admr'x., Judgment for plaintiff
on account, s201 50. Lauderdale for
pisiutif, Tyler for defendant.
Miles Greenwood VS. w NJ. Wilson, /
Judgment for plaintiff, Tyler for plain- I
tid, kingman for defendant.
John Barnes VS.. VIM. Heron Sheriff
and sareiies on Official Bond. Action
by surety in-sn execution for damage, /
that Sheriff failed to make money out OF /
principal when he .fned have done 80,
surety had, d,to pay. Demur-
er to petition elabofateiy argued, and
overruled; Kingman for plaintiff and
Lauderdale for defendant.
AN AMUSING INCIDENT IN COURT.
A rather amusing incident occurred
Thursday morning ia the case of Darling
VS. Hubbard. This action was brought
before the war when darkies were worth
a couple were attached in the
suit, and forthcoming bond executed
for them. The questions arising under
the attachment were not settled until
lately, when the sttschment wa sustain