Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-11-16
supreme Court Proceeding.
[REPoRrKp FOR THE cHRoNlcLEl

| file q bill and COMPEL the executor or admins
TRAITOR, TO settle up, within the two years, when
! The bill shows there is no indebtedness upon the
! part of the deceased. The two years allowed by
law TO administrators is to protect the heirs and
| for the benefit of the administrator The deed
! of gift of nine slaves conveyed no title, rs he
| had no authority to convey. The title at the
time of the emancipation was in the heirs con-
sequenty the executors could not be charged
with the value of the slaves. But is chargable
with the hire ofthem up to the date Of enamel
patton. Reversed and modified, &c. NGcHoL-
soy, Chief Justice.
Galloway VS. Sturm. Motion to dismiss By
article g, see. Z, Constitution Of Tennessee,
when member of Congress accepts the posi-
ton of supreme Judge, 1t vacHtes his scat in
Congress but Congress is the Judge of its own
members and who are such members. The Gov
rneor of the State can only appoint q Judge for
the time between the vacancy, and the time
prescribed by law for advertising an election.
Therefore, the person commissioned to fill the
uneXpired term of the former Judge is void.
but tuhe actions of the party so commissioned
are valid and binding. Motion disallowed.
NICHOLSON. Chief Justice.
d. II. Cummings vs.. r. Digs; Trcspass.
Preas, general issue, Statute of limitation of one
year, uemmurrer, &c Where an officer Of
either party i'm the late war took the property Of
the citizen, he was not responsible TO the citizen,
but to his government for the trespass. Both
armies We're entitled to belligerent rights during
the late war, The party has right to prove
that he was an officer. Reversed. NICHOLSON,
ChiefJustice
Newland, ct. ais, VS.. Gaines. ct al Chan
Gerry sale. a party has a right to assign his
bid, but when the sale is set aside by the Chan
cellor, the assignment is null and void. The
contract having failed by the reopening of the
biddings, the assignee has no standing in Court
and consequently had no right TO an appeal, the
reasons assigned for opening the bidding are
sufficient and satisfactory. Dismiss the appeal,
&c. MCFARLAND, Special Judge.
Rankins VS.. Allen, ct. ais Chancery. The
1T.
demurrer in his.answer-the answering valves
the demurrer. When the complainant files his
bill, and alleges that he has the same money
that he received from respondent, he must bring
the identical money into Court and file the same
wit his bill Affirmed MCFARLAND, Special
Judge.
Southern Express Company VS.. L. A. Wanad;
law cause: pleas and demurrer, &c. The fact
that the Agent received Confederate money was
not Illegal. In order to read as evidence,
printed receipt of the Company they must first
show it to be q copy or the original. The fact
OF the coucealment of bonds and notes, in the
goods, does not prevent the, plaintiff from re-
covering the value of the other goods shipped.
Public enemy" has a legal technical mean
ing. As an abstract proposition, the United
States troops were enemies of the inhabitants
residing in the Confederate States. Therefore,
the capture of the goods by the United States
troops was the capture by the public enemy, and
was sufficient for the defendants TO prove. Re-
versed MCFARLAND, Special Judge.
Robert Conley, admir-, vs.. Z. l.. Bonsars, ct.
al. The fact Of n war between the States re-
yokes power of attorney. While it is fact
that Confederate money had value, as between
citizens Of the Confederate States; but as to
citizens Of what is known as - Loyal States, it
does not apply Affirmed TURNEY, Judge.
Buren, vs.. Foster; Chancery. bill and
cross-bil \ party wishing to revive
suit, can revive either by bill of revivor OF by
publication in some newspaper for four success
siye weeks before the revivor is to be made
The Supreme Court has authority to say how a
suit shall be revived that is pending In that
court SHIELDS. Special Judge
jos. Muthes vs.Sol. Mathes; Chaucery. " here
the parties enter into "a written Contractto submit
the matters in dispute TO arbitration, the party
is bound by the award of the arbitrators, and il
| is binding on all who sign the agreement But
when there has been any fraud or threats on the
part %! one of the parties, court of Chaucery
will set aside the award and grant the party the
proper relief Affirmed. SHIELDS, Special
| Judge.
The State VS.. Quartemus; Indictment, pro-
! family. The indictment need not allepc in what
county the otfense was committed. 1t is enough
if the proof show this fact though it were better
to be stated in the indictment. Reversed DEAD
! ERICK, Judge
r. H. Defreese We the State: Robbery.
! Where goods are obtained by artfce or trick
it is larceny and it is proper in this character Of
cases to admit proof Of the prisoner having tried
| 10 practice the same trick on others. The in
teutipn TO commit the crime is the essence of the
Chense, and may be given in proof 1t is the
/ duty Of the court below to watch over the inter-
/ ests of the prisoner and Of the State. and to
| guard them equally, and he is not allowed TO
! express either by word or look as to the merits
| or dement's of the proof. Reversed. SNEED,
! Judge
G. Lyons, ct al, v. Y. Wyricl, Chancery.
! petition for rehearing. The assignment Of a bid
/ on the docket is evidence sufficient Of the sum.
! a verbal agreement for the sale Of land is void
| and cannot be enforced, and where there has
/ been money paid on such assignment the party
can bring his action of assumpsit for its recove-
/ ny. Where the vendor takes other security it
/ vacate= his lein on the land When the equities
are equal the case falls within the law. Affirm
! ed. NELSON, Judge.
! Jos. 4. Nabry vs. Geo. w. Ross ct al. (;
! Chancery, pctieon for a supersedeas. The writ
Of supcrscdeas j. % stop an execution where there
/ is some great wrong about to be done. This
| court cannot reiustatc an Injunction dissolved
| by an inferior court, whore there is no cXecu-
/ ton issued. This l. not one Of the cases in
/ which thi. court can grant IL supcrseGeas. APP
! piication dssa.lOWcd. SNEED, Judge.
! Lyons, ct al., IS. Warteubury Tre-pa,-. the
/ ud mis- jon Of the statements made by third par
ties, In the absence Of the defendant, is errone-
| Ou-, for which this court vii! reverse. Re
| versed. DEADERICK, Judge.
! MOTall, ct al, vs.. Reynolds Chancory. The
! should enter the Confederate army as u substi-
! tute, &c. This was an illegal contract and
/ against public policy, and the courts will not
enforce. Affirm the decree DEADERICk,
| Judge.
Anderson, by next friend, shepherd, VS..
Este. =. Trespass. pleas justification. \ soldier
of the late (Dnfad crate army j. mons b H.