Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-02-18
THE COURTS.

CRIMINAL COURT-In the case Of Charles
Henderson, colOred, the jury rendered a YER
dict of guilty and fixed the term of impris-
onment in the Penitentiary at one year. In
the case of Cad Perkins, colored, charged
with malicious shooting, motions for new
trial and in arrest of judgment we've over
ruled. He was sentenced to five years in
the Penitentiary. Appealed to the Supreme
Court. In the case of Nelson, alias Ray
mond Young, cOlored, convicted Of mali
cious stabbing, motions for new trial and in
arrest of judgment were OVerruled. He
was sentenced to two years in the Peniten-
tiary. An appeal was taken. In the case
of Buck Reese, colored, accused of horse
stealing, motions for new trial and in arrest
of judgment overruled. Sentence Of ten
years Imprisonment was passed upon him.
Doc Pierce, colOred, convicted of burglary
and larceny, was sentenced to twelve years
Imprisonment in the Penitentiary.
The Scire fGciGs docket was called, and
number of cases disposed of. The Court
will take up the remainder tomorrow. The
misdemeanor docket will also be called.
LAW COURT.-The Court was occupied
in hearing motions for new trials, and in
signing bills of exception. The case of
NOTQOl vs. DdIlltS lCSLutCu III d l4toLAAa4s
CIRCUIT COURT.-Judgment was reyers-
ed against the Nashville and Northwestern
Railroad Company for S4,777.14, in the
name Of Edward Mcclure, executor Of Te-
renee Mcclure. Payne VS.. Williams, ap-
pealed to the Supreme Court. McCTea vs..
Gillice ct. al, new trial granted. TUFTS vs..
Bassett, motion for new trial overruled.
Halsteen vs.. johnson, dismissed.
COUNTY COURT.-Judge Z. Z. Smiley
fled his commission and Oaths Of Office,and
entered upon the discharge Of his duties.
CHANCERY COURT.-SeYeral cases were
disposed of, but there remains a good deal
of business yet to be transacted.
SUPREME COUGT.-One section Of this
court yesterday finished the Marshall docket,
though three or four cases may be submit
ted on briefs, but not argued. The Naury
docket will be taken up tomorrow by this
section, the other devoting Monday to the
Sumner docket, on which there still re-
mains three causes to be heard. 1t is
thought the court viii be able to reach the
Davidson criminal docket by the 2lst.
Though the merchants tax question was
set for tomorrow, it may be the court will
have to defer its consideration a day or
two. One section of the court will, in a
few days, remove to the Senate Hall, in or
der to give the Federal Count room to that
court, which holds an adjourned term.
OPINIONS.
The following points of law have been
by the court. Green Turner
VS. the State, sentenced to be hanged for
larceny of a mule; reversed by Supreme
court, the indictment charged the sex of the
mule which was not proved by the testi-
mony. This variance was held to be fatal
10 the indictment.
State for use of Cooley VS. Shelton, Nc
Farland, Judge, delivering the opinion. The
court held that railroad tax collector who
a constable to collect railroad tax,
cannot recover against the sureties Of the
failing to pay over collections.
The constable is only individually liable,
he tax collector not being authorized by !
he law to deputize a constable to collect .
railroad tax.
Sammons vs.. LCver-held that five head ]
IF sheep in the hands of butcher, are not !
exempt from execution.
The principal discussion was, if small |
garden in a town did not create the owner |
hereof farmer within the meaning Ofthe |
law. The principle settled was
he difference and distinction between a
armer and a hOrticuIturist.
Nelly vs.. WOodward-held that a pay |
nent in Confederate notes and bonds TO an
officer who had returned the warrant, but
who never had possession of the note sued |
IN, and who had No execution, was not good; |
otherwise, if an execution had been in his |
hands, thus distinguishing between officer
md agent.
Chafiin vs.. Savings Bank; held that the |
discount of note at fifteen per cent. by
savings bank' avoids the note only as to
he excess over legal interest.
Stone vs.. State-Tnis was an application
or writ of error, the prisoner being in the
upon conviction of killing
lOrse. The evidence showed that the pris-
'ner was indicted and convicted for killing
horse and at the time of committing the
Iced, the malice was against the person rid
ng the horse, but who was not the owner
# the horse. The technical point Of ''ma-
ice towards the owner of the animal being
to convict" was involved, but the
curt refused the application.