Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-02-11
THE OURrs.


Andrew jackson, colored, for divorce on
the ground of cruel and unhuman treat
ment. Application refused.
CIRCUIT COURT.-Maney & Ransom Us.
Hensley, motion for a new trial oyerruled !;
appealed to the Supreme Court. -
Vaughn, administrator, VS.. Eekel-
kamp, motion for new trial over
ruled; Richardson 81 Bro. VS.. Samuel Hunt,
Jr., and w. Mckee Fox (two casey, iudg-
ment in default and writ of inquiry; Buena
Vista Ferry Company VS.. Treppard, motion
for new trial continued.
MAGISTRATES CoURT.-In Justice Bias
kettles court, GeOrgiana Wilson, a servant
in the employ of G. Yergar, was accused of
stealing four silver dollars. She was COM
mitted for trial in default of bail. In JUS
tice Wiierry's court, Thomas Chilter was
fined S. for assaulting NJ. G. Wrenn, ST.,
and bound over in the SUM of $3.50 To keep
the peace.
! SUPREME COURT.-Opinions were de
liyered in the following cases yesterday
By Tuney, Injury VS.. Adams re-
versed and remanded. Mays VS.. State; re-
versed. By Deaderick, J.-Logan VS.. State;
| judgment arrested and defendant discharged.
| Sneed VS.. Sneed; affirmed. By Freeman,
| J.-Sneed VS.. Crunk; petition refused.
McCrory vs.. Warner & Co.; reversed and
Temanded. Douglas VS.. Neil ct ais: re-
versed. Morgan 81 Co. VS.. Neil ct ais; af-
firmed. Coble VS.. Coble; reversed. Street,
administrator, VS.. Patton ct ais; affirmed.
By Mcfarland, J.-McCown VS.. Drake;
affirmed. Forsee VS.. Matlock reversed.
Fentress VS.. Fentress; decree reversed so
far as declares him an idiot, but affirmed as
| to being of unsound mind. By Sneed, j.
Burk VS.. Louisville and Nashville Railroad
| Company; reversed and remanded. Year
! gin VS.. Parks; affirmed and remanded. Nc
GavOck VS.. Snyder; affirmed. BY
! Nicholson, J.-Donelly VS.. Starlight
& Thornton; reversed and remanded.
! Davidson VS.. Morgan; report modified to
the extent of $1,000. Rowland VS.. Jones
| and Hickman vs.. Raignel; motion dis
| allowed. Estes vs.. Garrettson ct al; mo-
| ton disallowed. Overton vs.. Long; af-
| filmed. Dickerson VS.. Howeston; allowed
Greenfield vs.. Hutton; petition allowed
upon execution of bond according to law,
Hickerson VS.. Blanton; motion disalloWed.
Cooley, tax collector VS.. Young; reversed
and discharged. Randolph VS.. Griffin; af-
firmed. Lucas VS.. Love; reversed. Louis
vile and Nashville Railroad Company vs..
Stone; reversed. Freddie ct al VS.. Rees ct
al; affirmed. Jones VS.. State; affirmed.
The court is still engaged on the Marshall
and Humphreys dockets. There were
several points ofinterest ruled on yesterday,
and we present our readers with the follow
ing:
In the case of Logan VS.. the State, the
Court decided that an act of the Legislature
takes effect forty days after the date of the
Governors signature. Logan was indicted |
under the law of 1871 for carrying conceal |
ed weapons, and the plea ofthe laws being |
&c post fdctO in its operation within the |
above time from the date of its passage was |
sustained.
In the case of Overton vs.. Long, the
Court held that levy Of an execution on
homestead after registration under the
sold homestead law, was not good.
In the case of Douglas rs. Neil the
Court held that the payment to an officer,
constable or sheriff, of an execution, IN
Confederate money, was good payment.
In the case of Lucas as. Love, the Court
below held that where COW is exempt
from execution, but is sold by the owner,
was not good sale in payment of a debt.
The Supreme Court reversed the judgment
Of the court below, and held that such
sale was good, thereby overruling the die
tlm in DOnohue Us. White.-2d COldwell.
In the case Of the Louisville and Nash
vile Railroad Company VS.. Stone, an action
to recover damages for the killing of stock,
the court held that if the engineer was on
the lookout at the time of the killing this
was sufficient under the Code. The old
law required that some one whose especial
and sole duty it was should be on the look
out.
In the case of Frede VS.. Reeves, the
court held that a levy on land not specify
ing defendants therein will pass whatever
estate he may have as an estate in remain
der. This ruling affects Keller VS.. Nelson,
IL Heiskel.
Jones VS.. State. The defendant, who is
about sixty years of age, was indicted and
convicted in the DeKalb Circuit Court for
attempting to rape little girl. The pris-
oner appealed to the Supreme Court asking
the judgment of the court below to be set
aside on the grounds that the Indictment
did not aver that the assault and battery
was 'JelOniOuS." The Supreme Court,
however, held that in an Indictment for an
assault with attempt to commit a rape, it is
not necessary to charge that the act was done
feioniously, and if the Indictment fail to allege
that the assault was done "felODiously" the
defendant can be tried for the ofiense. This
opinion Overrules that of John G. Gaut,
Special Judge, in the case of Neville vs.. the
State, Caldwell, p. IS, where it was held
that an Indictment under section 1915 of the
Code should charge that the prisoner .felO-
niOuSIy did make an assault and battery
upon the body of female. with the intent,
fOrcibly and against her will, ETC., inasmuch
as it was not felony at common law to
make such an assault and battery, and with
out this allegation the Indictment would be
bad, and the prisoner could not be tried for
a felony