Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-11-19
A true copy.
Test: J. F. DEADERIcK, Clerk.


No.42
The State VS.. Jesse Alder, John Couch and
others.
Where courts were created for Judicial
Crimi ial District" buE 'having exclusive
jurisdiction TO all cases to which the State
is party, or which by the laws now in force
require the services of an Attorney General, >
held that this does not confer jurisdiction OF 4
bill in the name of the State to set aside fraud
ulent cOnveyances made to defeat judgments
obtained by the State.
Court is not disposed. By construction to ex-
tend the equitable jurisdiction of courts, o Their
than the Chancsry Court.
In view of the subj sctmstter, leases to which
the State is party means criminal cases.
Query. What are the powers of District
Attorney; to file bills in the name Of the
state without express authority?
From the Circuit Court of Hancock
county.
Demurrer to bill foE,want of jurisdic-
ton.
E. Z. Gilenwaters, J., allowed the de-
murrer, and the Attorney General ap-
pealed.
r. N. Barton, for defendants.
OPINION.
BY the Act of November 90, 1867,
chapter 90, Acts of 1S67-S, p. $50, the
thirteenth Chancery division, the nine
teenth judicial circuit and Judicial cri-
minal district were established; the latter
crea'ed by sections to II, both inclu-
siye, and composed of johnson, Granger,
Cooke and Claiborne, by the Act of Feb.
%, 1868, Oh. 40, Acts of 1868, p. go,
aud the circuit was composed of Johnson,
Carter, Washington, Sullivan, Hawkins,
Hancock and Greene counties, though
the county of Hancock is not men
TONED 10 the first section or the
repeating Act. Section 10 of the
Act just recited provided for het
election of Judge of the Criminal Court,
on the first Thursday of February, 1868,
which was changed to the third Thurs
day of April, 1868, by S of the last
named act, which embraces Hancock as
one of the counties. On the ID of Sep
TENDER, 1869, bill was filed in the Grim
inal Court of Hancock county, in the
case Of the State of Tennessee, by A II.
Pettibone, her Attorney General, against
the d, PENDANTS, for the purpose of set
ting aside various fraudulent cOnveyances
alleged to have been made by each of
them, and of obtaining satisfaction of a
judgment recovered, on motion, in the
name of the State, in said Criminal Court,
on the 22d Decemblr, 1868, against
Jesse Alder, formerly tax collector, aud
John Couch and others, his securities,
for 81 DOL 50 and costs. On the 26th
August, 1869, a fiat, directed to the Clerk
of the Criminal Court of Hancock coun-
~, was granted by ga. w. Howard,
Judge" etc, in which it was directed that
process should issue as prayed for in the
foregoing hill Gin the nature of an equity
prOceeding and without security" De-
murrers for want of jurisdiction were
fed TO the bill, on the 18Th January,
1870, which seems to have been allowed,
on the next day, in the Circuit Court of
Hancock county, and the bill was dis
missed with costs; and from this decree
the A torney General prayed an appeal,
20 this court, which was grained. How
the case was transferred from the Crimi-
nal to the Circuit Court, or who presided
10 the later, does not appear from the
transcript; but it may be inferred that the
case was transferred to the Circuit Court
under the Act of sta November, 1869, C
40, S167, by which the Act creating the
Criminal c urt was repealed and the
causes ptuuluS III Iue OIliulndl SOuIIs
transferred to the Circuit Courts of the
counties, respectively, for trial and by
which it was declared that the records of
said Criminal Court shall constitute a
Fart of the records of said Circuit
Court.
The matter to be determined, upon the
demuTers, is whether the Criminal or Cir
cult Couts could entertain jurisdiction of
the cause; and we are clearly Of opinion
that they could not. However vague and
indefinite the act of Nov. 26, 1867, may
be in other respects, it is manifest that
the intention was to establish Criminal
Court with exclusive criminal jurisdiction.
Ii is true that by 5, it is directed that
courts shall be held ''having exclusive
jurisdiction of all cases to which the
State is party, or which, by the laws in
force require the services of an Attorney
General, but, in that section, the district
is styled "a judicial criminal district"
and in ) {, it is made the duty of the At
torasy SsIsral Vi ths sirsuit in which