Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-02-25

NOJAIA 4OJUlfI.-lu ne VIII OF JOEn Ii.
B. Morgan was admitted 70 probate. j. l..
Hardaway was appointed and qualified as
administrator with the viii annexed,
CRIMINAL CoURT.-D. G. Garrett was
committed to Jail in default Of s., 800 bond
to answer two indictments for assault with
intent to kill, one for assault and battery,
one for carrying dirk and one for carrying
a pistol-in all five indictments. TIE grand
jury were celebrating on sixth bill at a
late hour last evening. Richard Ware was
fined fifty cents and costs for assault and
battery. In default of payment he was
sent to jail. The day was spent in renewing
bonds, taking forfeitures and winding up
the business of the court.
CIRCUIT CoURT.-Johnson VS.. Smith;
dismissed. Corbitt VS.. Byers; forfeiture on
subpoena set aside. Corbitt vs.. Lowell; mo-
ton for new trial overruled. Mays and
wife VS.. Wherry; motion for new trial
continued. McNairy vs.. Hicks; motion for
a new trial overruled. Woolard VS.. De-
ment; judgment set aside. Martha Seaman
VS.. John II. Seaman; decree pro confesso
and final decree for divorce.
LAW CoURT.-Barbara Kuhn VS.. Ferdi-
nand Kuhn, for divorce, was taken up and
is still pending.
MAGISTRATES GoURTs.-The case of
Jack Kannally, charged with larceny was
postponed till Monday. He gave bond in
the sum of $3.50 to appear for trial. John
Myers, charged with malicious mischief,
was admitted to bail.
SUPREME CoURT.-One section of the
court is on the Maury law docket and the
other section is still engaged on the mer-
chants tax question, which was continued
yesterday until Monday on account of the
opinions. Opinions were delivered in the
following cases, many of which are from
the easy docket: By Freeman, Judge. Ha-
gan VS. Smith; affirmed. Aiken, trustee, vs.
Webster; affirmed. PEG, Boyd & Williams
VS. Henderson; affirmed. Chafin VS. Ganth;
affirmed. Polk vs. Cranberry; affirmed.
Cranberry VS. Crosley; affirmed. Hunter VS.
Cliff; d.cr, affirmed, and writ of error dis
missed. By Deaderick, Judge. Gracey vs.
Potts; reversed and remanded. Blackburn
VS. Bone; affirmed. Williams, Executor,
VS. Cheatham; affirmed. Cheatham
VS. Higgins ct al; affirmed.
BY Mcfarland, j, Sax & Bro. VS. Bailey,
Ordway & Co.; affirmed. Whites Creek
Turnpike Company, VS. Wilson, administra-
tor; affirmed. Long vs. Warden; affirmed.
by Sneed Judge. Rountree vs. Turner; af-
frmed. Powers VS. Lewis q On; affirmed
Jackson vs. Ayers; affirmed. Greer VS.
Brunster; affirmed. Cate vs. Jackson; af-
frmed. Ellis vs. Kingsley; affirmed. Hub
bard Us Holder; reversed and injunction
dissolved; by Nicholson. Judge. Cox VS.
Ward dismissed. Simmons VS. Robertson;
report of the clerk affirmed. Justices of
Humphreys county VS. McAdOo. Leroy VS.
Thompson: affirmed. Planters Bank
VS. Hornberger; report set aside and recon-
mitted.
By Judge Nicholson in the following
cases-Affirmed, j. II. Hill VS.. w. c. Nc
Broom; j. P. Hancock VS.. R. c. Scoby; VIM.
Bonner vs.. J. F. Drake; w. J. Nelly VS..
Baxter Smith; Murrill vs.. Dunlap; Bloom
stein VS.. Tenn. Manuf. Company; Miller
VS.. Geary; Carr VS.. Burrly; Mullins VS..
Caldwell; White VS.. Beasly; Bowen VS..
Drake, two cases; McCan VS.. Kerr, Bowen
vs.. Drake; Lester & Murhead VS.. Baird;
Harris VS.. Organ; Lindsey VS.. Barrow;
Sanders vs.. Jones; Edge VS.. Mitchell; Shat
ford VS.. Lester; Sanders VS.. Chester; Hynes
VS.. Martin; Ward VS.. Theyer; White VS..
Beattie; Thomson VS.. Rhea; Schimbler VS..
BehrinS; Adams vs.. Ferguson; Turney vs..
Tyler; Holes VS.. Barrow; Smith VS.. Rabb,
(certiOrari disallowed;) Childress VS.. Nave,
appeal dismissed; Nave vs.. Childress, ap-
peal Dismissed Griffin VS.. Turner, reversed.
The following points in opinions deliv-
| cred yesterday may be Of interest to the
legal profession:
Chaffin VS.. Gauntt was case in which
the court decides that an attempt to supply
lost judgment and papers of Justice of
the Peace was defective for want of the
affidavit of the returning officer, and of the
plaintiff that ''the debt was not paid" The
court held that the refusal of the Circuit
Court to condemn land upon such a ground
was right. Freeman, Judge.
Cranberry VS.. Crosby, on a motion
against an officer for an insufficient return,
stating that the defendant (the officer) had
levied on property, but too late to sell, t
was by the court held proper to allow the
defendant to prove that at the time be made
the levy the plaintiff was present and de-
clared that he only wanted the levy made
to secure the lien.
Hunter VS.. Clife-held that an assignment
of note, secured by vendors lien, for col
lection merely, is not a waiver of the ven
doris lien; also held that, levy and sale on
land, subject to vendors lien, for the debt
of the vendee, made after bill is filed to
assert the lien will be postponed to the lien
Of the vendor.
Long VS.. Warder-it was held that ven
doris lien could not be secured as against
the creditors of the vendee by a stipulation
in the face Of the note. To be good it must
be in the deed.
Powers VS.. LeWis-Sneed, j., delivering
the opinion of the court-held that JUS
tiCe of the peace has jurisdiction of a suit
against the acceptOr of bill to the amount
Of $500 where the acceptance is absolute.
Humphreys county vs.. McAdo-held that
an attachment in Chancery will lie to reach
an installment Of county subscription to a
railroad; that in such suit no judgment
could be rendered against the county, and
that the subscription did not bear interest.
1t was orally held that Chancellor East,
who was administrator of an estate, was
not incompetent, for that reason, to try the
suit to which the heirs were parties.
In the case of the Planters Bank vs..
Hornberger, the Court set aside the report
of Jesse G. Frazier, former Clerk of the
Supreme Court, allowing a very large COM
pensation to Hornberger, and remanded the
cause for a new trial.