Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-10-04
the SUPREME COURT.

OFFICE OF TEE CLERK or THE SUPREME
CoURT, NAsHvILLE, September p, ISL
The following riders have been made by
this court, and published for the informa-
ton of clerks and attorneys:
/ The clerks of the superior courts shall
make out and file transcripts within the
time required by law, unless 1t he shown
to have been impracticsble to have
done 30.
2. Hereafter the clerk Of this court shall
not permit any transcript to be carried
out of the town or city in which the court
Is held, upon any pretext whatever, by
any person, unless by order of the court;
and all Transcripts now out that are not
returned by the first of November shall 90
to the heels of the docket.
s. No transcripts shall be taken from
thec clerks office, for any purpose after the
cause has beer finally disposed of, but
they shall be held subject to inspection of
parties in interest,"; and the clerk shall
furnish certified copies thereof, on de-
msnd, to any person applying and paying
lawful fees. +, O. DUNNINGTON,
Clerk.
THE RIGHT OF POSSESSION OF CHURCH
PROPERTY.
The supreme court Of Tennessee at
Knoxville, has had before it q case in
volvinR the right of possession to certain
property belonging to the Methodist
church, in which that tribunal announced
q new principle. On the trial In TIE court
below, counsel objected to any juror sit
ting in the cause who belonged to either
the southern or northern branch of the
church. The court below refused to sus-
tain the objection. The supreme court
reversed the judgment rendered below.
because the CHALLENGE of jurors WIS not
allowed, saving that the members of both
branches had such a beneficiary interest
in the result az made them incompetent
to sit in the cause.
RESPONSIBILITY.
An important opinion was delivered
Wednesday, in the supreme court at
Knoxville, by Judge Freeman, upon q
question of the liability of railroads In 8
class Of cases In which there has been
some conflict between American and
English authorities ana decisions.
A shipper delivered to the East Ten
nessee, Virginia and Georgia railroad
for transportation to Atlanta a
box of dressed poultry. The proof
showed that the articles were de-
liyered by the said road in good order to
the next connecting line, the Western
and Atlantic road, at Dalton. Through
the negligence Of the SCENTS Of the latter
road at Dalton, the poultry was delayed
there some thirteen DAYS and spoiled
The shippers sued the East Tennessee
road for the value of the poultry, on the
ground that their usual skipping receipt
bound them to "forwsrdS the goods In
rood order to the point Of destination, |
sven though that point was beyond the
terminus of their road Judge Freeman,
in his opinion, said there was some
conflict in American States on this point,
but that English decisions were uniform
and positive in holding the roads re-
sponsible beyond their line unless their i
contract of shipping clearly limited their
responsibility. In this case the contract
agreed to forward" to Atlanta. and the
road was liable for the default, even |
though 1t was through no negligence of
It's servants.
The court said It had no disposition to
modify the liabilities of railroads, which
were daily growing more and more pow
erful in this country. The well estsb-
lished principles of the common law
ought to be rigidly enforced for the pro-
lection OF the public. The opinion, though
in fact not defining any new principles in
Tennessee, yet gives new force to old
ones over which there is now more than |
over a growing disposition to contend.
ALL the Leading Standard Styles of
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