Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
LEGAL SUBJECTS
DIgested Decisions of thelSupreme
Court, Jackson, April, 1872.
ERROR.

ERROR.
ERROR AND COMMUNICATIVE a
continuance was asked, upon the ground
that the witness absent would prove items
in an account set off, but was refused and
the verdict negatived the entire ground of
the set-off; held not to be error. Walk
VS. Walsh, No. 16.
CONTINUANCE WHERE FACT IS DIS
PROVED. The refusal of a continuance
asked upon the ground of witness being
absent who would prove an important fact,
which the bill of exceptions shows was dis
proved by such a weight of testimony as
would have overwhelmed any witness, is
not ground of reversal. Idene.
REFUSAL BECAUSE OF ABSENT WIT
NEssEs.-Where an affidavit for continu-
ance shows that the defendants have per-
sonal knowledge of the fact. and are compe-
tent to prove it, and there is no contradicto-
~ proof in the record, the refusal of a con-
tinuance on account of the absence of the
witness who would prove it, is no ground Of
reversal. Ideul.
ERROR AGAINST DEFENDANT IN Err
RoR.-An error against the defendant in
error cannot be counted in the Supreme
Court in a law case. He must prosecute
1orit of error.
ERROR CoRAM NoBIs.-A writ of error
c0rGn nobis may be dismissed if from the
petition it appears that the writ is improp-
erly granted, or that no assignment OF err
rors can be based upon the facts. Gall0a
vs. Landbemer, No. 20.
FAILURE CT CLERK TO MAKE MEMO
RANDUM OF DEFENDANTS ATTORNEYS
NAME ON DoCKET.-The fac. that men,
orandum of defendants attorney was hand
ed to the Clerk, who failed to mark it on
the docket, is no ground for error corGHs
nobis, since if marked, it would not prevent
Judgment by default. If by courtesy it
might have done so, that would not alter
the case. Idem.
WHOLE CAUSE BY WRIT OF ERROR
A writ of error may bring up the whole of
a cause, original and on writ of error eOrd1n
nobis. Carney vs.. Med onald, No. SO.
WHERE VoID JUDGMENT IS AFFIRM
ED.-Where on error cOro1ll n0bts void
Judgment is affirmed, and judgment
against plaintiff in error and surety, on
error to the Supreme Court to bring up
original cause and error coraln n0biS, the
| latter Judgment will be vacated. Ide1n.
WHERE RECORD SHOWS PRESENCE OF
ATToRNEYs.-Where the record shows that
the parties appeared by their Attorneys, it
is not competent on error cOrdm nobts to
deny the presence of Attorneys. IdeR.
DENIAL OF OBLIGATION THROUGH
Co-PARTNERS AND CO-DEFNDANTs.-It
is no sufficient ground for c writ of error
cOrdn R05iS that the plaintiff in the writ re-
| lied upon his co-partners and co-defendants,
to make his defence, denying their author
| ity to bind him Oy note. Memphis Ger
man Saving Institute vs.. Hurgan, No. II.
! EVIDENCE, BOND AND SECURITY.
| ADMISSION, HOW AFFECTING Bonn
AND SECURITY.-The securities on bond
for the good behavior of a book keeper are
not bound by his admissions Of mis-con-
duct, made after the fact, ito a meeting o.
the bank directors convened to enquire into
the fact. White VS.. German Nati0na
Bank, No. so.
| LETTERS AS EVIDENCE WITHOUT d.
RECT PROOF OF GENUINENEsS.-It seems
that letters received in tho course
Of a protracted business correspondence
acted on as genuine and becoming the
foundation of important business transac-
lions are admissible as evidence without
direct proof of genuinepess. Iyers vs..
Harris 30. r.
FRAUD HOW ESTABLIsHED-Fraud mus
be established by full proof. White vs.
Bettes No. II.
CoLoRABLE CONvEYANCEs NOT Con-
Colorado cOnVeyances are ba0geS
of fraud, but not conclusive. hden.
! FRAUDULENT CONVEYANCE "A trust
deed on stock of liquors, etc, which per
mits the owner to use it in trade and sci
and dispose Of it az before, is fraudulent
and void. Gilbert vs.. Tenn. MAJ. Banl
| No. G.
EXISTING AND SUBSEQUENT CREDITORS
"A deed fraudulent as to existing creditors
is void as to subsequent creditors. Idem
DEED OF TRUST, STIPULATION OLA
stipulation in deed of trust for the pay
ment of any excess, over what is sufficient
to pay the creditor's debt, to anos+1er per
son, creditor of the maker, is not objec-
| tionable. Iden.