Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1872-04-10


partnership embraced all fees, whether re-
ceived by defendant before or after the
partnership. The answer admitted the al
legation to be substantially true. The in
junction was as broad as the allegation in
the bill. Here, then, was the measure
of the duty of defendant. Whenever
he answered that the complainant had put
u wrong construction on the terms of part
nership, and therefore that the injunction
was too wide In its sweep or operation and
he could on that account disregard It, he
set up his judgment in opposition to the
mandates of the law and acted at his peril.
Sometime since, in the case of Craig VS..
Sharp, in this Court, the defendant Sharp
was punished for contempt, In violating
an injunction against committing waste,
IN cutting timber on certain piece of
land, because he undertook to determine
where the line was, and passed over on
forbidden territory.
Now, in the case under consideration,
the injunction was served February 26th,
and sometime in March following the de-
PENDANT collected $4,000 as fee from
John West; and in September followinga
fee of 10000 was. settled, adjusted, and
therefore received from defendant from
Hugh Martin. In reference to the first,
would, If / could, most gladly assume, as
am willing to do in reference to the second
case, that he had forgotten the terms of the
ton was too near the time of its violation
to permit me, however much / may desire
TO do so, to put that charitable construc-
ton on his act.
When defendant alleges that lac had no
idea Of vio'Siing the injunction that If
he violated in terms, he did not in his
heart; he alleges matters in mitigation Of
his offense that, under the circumstances
of this case, appeal most earnestly 10 this
Court in behalf OF MONEY! 'fhe manner Of
the appropflap6n. or use made Of most Of
the Hugh Martin Gee fbeing used in sup
porting aged and INDECENT parents and
| sister,, utterly remove any auppcsision of
sordidness in collecting this fee, but exlIib-
its him, while violating the process OF the
I law, doing an act of benev0ience. Even
/ while We c0ndenl, and mete out punish
mont, the act EFFORTS some measure of
sympathy.
! Time, too, has softened and mitigatcd
the offense, to some extent. 1t is four
I years since the money was collected from
West and yet no motion was made against
defendant until recently. The case has
slumbered on the docket for over three
years. In the meantime, defendant has
passed through many vicisitudes, until, ac-
cording to the testimony, he has ascend
ed from the very lowest depths of misfor-
tune and frailty, TO the elevated plane. of
hope and self-denial. For this, and in this
he deserves and needs the encouragement
of all, that he may stand firm.
Yet my duty is plain. The mandates of
the courts must be observed by all, or they
will fall into contempt.
My decision, therefore, is, following old
presidents, that the attachment against
the body of defendant issue that he pay
inc of fifty dollars and the costs of this
motion that he execute bond with APP
proved security conditioned to return the
West fee and the Martin fee, on the final
trial of the case of e. j. Brooks VS.. him,
pending in this court, or such part thereof
rs may be decreed against him, provided
this court should order such return /; or, in
default of a compliance with these several
things, that he be committed to the jail of
the county until he does comply with
them.
Promptly at the close of the last word OF
the opinion, two of defendants counse
demanded an appeal The Chancellor in
tinlated that it was not q case for an appeal
| Counsel insisted it was, and asked time t.
, produce authorities. The Court remarked
that if they could show him it was case
for AN appeal, he would gladly grant it.
Col. Baxter here interposed and said tina
50 far as he was concerned he would con
: sent to an appeal, if they wanted it. IL
asked if they wanted an appeal from The
; first ruling, and they replied, g Yes, from
the whole case.p
t For additional and full account os thi
matter see third page of this paper.