Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-03
THE COURTS.

LAW CoURT-H s.. Lee. JUdge.-In
this Court, yesterday, tire trial Of the
case of State, use, etc b. Z. Thomas,
admir-, ct al, We. J. r. Moseley ct al. was
concluded and the case given to the Jury
n few moments before Court adjourned.
This is q very old esse-Ons which has
been pending for q number Of years. In
1851 q bill was filed in the chaneery side
of the Common Law snd ChsncsrY
Court Of Memphis by B r, Thomas, ad-
ministratcr Of Wade H. Turner, de-
ceased, against q ]. f. Turner, asking
and praying for a writ Of attachment
against the property Of said Turner, CON-
sisting OF lands, negrUes, ETC., which the
plaintiff alleged was the property Of his
lntestate also for q writ Of injunction TO
eDiGin the said defendant from selling or
making away with the same. Upon the
execution of proper bonds, as required by
law, the wTits were issued and delivered
to J. r. MOseley, then holding the Office
of Sheriff, who placed them in the hands
of one w. D. Gilmore, his deputy, who
Immediately proceeded to levy upon the
said property. Il is alleged that Gill;
more only half did his duty in executing
said writs, in this, that sfter attaching
the land and the slaves, he permitted the
latter to be run off and carried beyond
the confines Of the State. On account of
this alleged negligence, the representa-
tive and heirs OF Wade II. Turner claim
to have bseH damaged to the extent of
fifteen thousand dollars. Sometime after
this, at a Anal hearing of said cause, q
decree was rendered in favor Of complain
ants for the property so attached, but
it lie alleged that the slaves who were
run OF were never recovered, nor was
there any settlement ever made Ia re-
gard to them. At the March term OF
the Law Court, 1853, the plaintiffs insti-
tuted the above action against the said
Sheriff ]. r. Mosely and two of his sscu-
rites, H. L. Guion and w. A. BickfOrd,
to recover the amount OF damages which
they claim to have sustained on account
Of the alleged misfeasance of the deputy,
for whose act the Sheriff 10 bound. Tnis
makes the fourth time that this suit has
been tried. At a of the trials the case
was decided, but was appealed TO the Su-
preme Court, who reversed the decision
sDd remsnded the cause for another
hearing.
Owing to the late hour at which the
oaae was given to the jury they did not
agree, and were discharged to report this
morning.
To-day will be motion day. The mo-
ton docket will be called as usual.
MUNICIPAL CoURT-Geo. ". RoLdron,
JsGdge.-Tbe time of this Court was de-
voted yesterday, to hearing and deter.
mining various motions, and executing
writs of inquiry, etc.
The judgments and orders entered are
as follows
Yerger ct 81. vs. Grace; Judgment by
default, S1100%
Bullock vs. Same; Judgment by de-
fault, $1,000.
Miller vs. Kennel Judgment by de-
Bond VS. jackson; Judgment by de-
fault, $50.
Plain q Co, vs BealI, ct al; Judgment
by default, S245 20
~Sehloppich vs. Heinrich new trial
granted.
To-day the Court viii convene, and
make a fnal disposition of all the re-
manning business Of the term, sign the
minutes, and adjourn until Tuesday
next, the first day Of the April term.
CRIMINAL COURT. Wm. Hunter,
Judge. This Court succeeded yesterday
Ia empapneling q jury in the cass of
To-day the Testimony for the State will
open. All witnesses summoned in this
Court are notified that they must be In
prompt attendance other wise, attach
menis will issue for their immediate ar
rest.
A noUe pToSequi was entered yester-
day in the case Of State VS.. OpHern,
charged with larceny.