Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-03-19


The Circuit, Common Law and cy;mina
Courts Judges of this State, 7 meet IN This citv
to-day for the purpose of re ,oYnnendino To
the Legislature such amend ,mants tn the ex-
isting legislation as will insTre a more
speedy and economical administration of
civil and criminal Justice. The following
Judges are in the city and will be present
to-day:
Fourth Circuit: J.B. Hoyt.
Fourth District: s. M. Fife Cartba oe
Seventh District: w. II, Williamson.
Lebanon.
Eighth District' Nathaniel Baxter, Nash
vile.
Tenth District: James E. Rice, Clarks-
vile.
Twelfth District: l. D. Porter. Paris.
Fourteenth District: Thos. j. Flippin,
SOmerville.
Criminal Court Shelby county; Jno. r.
Flippin, Memphis.
Criminal Court Davidson county; Thos.
n. Frazier, Nashville.
Criminal Court Maury county, ct ais.
Thos. NJ. Jones, Pulaski.
Criminal Court Montgomery county.
Thos. w. King, GAINESVILLE.
Common Law Court Nashville: ]. c..
Guild, Nashville.
Probate Court Shelby county; j. E. R.
Ray, Memphis.
First Circuit Court Shelby county; c.. w.
Heiskell, Memphis.
Second Circuit Court Shelby county: r.
wing Halsey, Memphis.
Circuit Judges from the following dis
tTlcSs were not in the city last night, though
they may arrive to-day:
First Cirpuif. II Z G;llo,~,oto,o D.
ersviIle.
Second Circuit; James Il. Rando lph,
Newport.
Third Circuit; E. t. Hall, Knoxville.
sixth Circuit; w. P. Hickerson, Man
chester.
Ninth Circuit; VIM. P. Martin, Column
bia.
Eleventh Circuit; Elijah Walker, Savan-
nah.
Thirteenth Circuit; Gideon b. Black,
Trenton.
Criminal Court, Knox County; NJ. L.
Hall, Knoxville.
An informal meeting was held at the
Maxwell House last night, and the follow
ing Judges were present: Judges Porter,
King, Fite, Williamson, Heiskell. Raw
Halsey, John K. Flippin and Thomas j.
Fllppln. The meeting was organized by
calling Judge s. NJ. Fite to the chair, who
briefly made known the objects of the
meeting OF Circuit, Criminal and Common
Law Courts to be held to-day. 1t was
agreed that the meeting to-day should con-
vene IN the Supreme Court room at the
capitol, at 10 o'clock A. NJ
On motion of Judge King several gentle
men present interchanged ideas in relation
m Of -
were desirable to be discussed by the Judges
In convention to-day, recommending
! wherever deemed necessary change in the
statutes now in force, and the passage of
statutes curing any defects that may exist
in the present criminal laws, challenge and
! separation of juries, submission of INSIDE
meanors before Magistrates, assaults and
batteries, with intent to commit felonies,
| certihcation as to records, remedies in trial
! by jury where right of defendant is COM
| promised by waiver Of defendant, interest
| on appeals in civil suits, were among the
points mentioned as being proper for dis
! cusSion to-day.
Judge Halsey that Rule VIII. on continu-
| ance as adopted by the chaDcellors in their
manual OF chancery practice and subse-
! quently ratified and made a law by the
| regulating continuances in Circuit Courts.
/ The following is the rule:
"Section l. After cause shall have been
once continued by either party, no other
| continuance shall be granted except upon
payment of all costs then accrued, including
! State and county tax, and execution shall
issue for such costs against the party con-
! tinuing and his sureties."
] ohal1 Ia Il H.,
consent, the presiding Judge shall tax the
costs either upon the defendant or plaintiff,
| unless due diligence he shown by the party
applying to have the cause tried.
/ TthiS he preferred to section 2 of
same rule, which leaves it discretion
airy with the Chancellor to "tax the
costs as he may deem proper, or reserve the
same until final decree" He also mention
ed one or two details in civil law suits 60
ing up to the Supreme Court, making the
law declared by the inferior judge, part of
| the bill of exceptions as inserted, with the
facts on which with the law the case was
! decided, in the records of the case, so that
the Judge of the Supreme Court may look
| to the law as well as the fact by which the
decree or judgment was entered below.
! This would in cases of conflict in the testi-
mony enlighten the Judge as to the
principle of law by which the court of the
! inferior court was governed in the decision
! of the case; this would give reasons of the
! Circuit Judges differences, and show the
validity or falsity of the Circuit Judges con-
illusions as to questions of law.
In the remarks made during the evening,
| it was stated that the actual cost of ad-
ministering the civil law in trying the law
suits of Shelby county was between
$4,000 and $4,000 per annum. Reform
was desired and needed in expediting trial
/ by jury and in lessening the costs in the
! case.
One Of the judges stated that in an &C
ton of repleUin, to decide the title to
! horse worth about $3.50, the costs had al
ready amounted to more than $1,000 and
| the title to the beast was still in litigation.
Beneficial reform could be made in re-
ference to challenge of jurors, new trials,
and taxes and fees resulting from juries.
Various suggestions were made concerning
| jury fees and those professional jurors who
| hunt out for hot house beef and two dollars
a day, which will be discussed in their pro-
per connection at the meeting to-day. On
motion it was agreed to meet at o'clock
this morning to arrange their business and
to meet regularly for business at 10 A. NJ.
Fatal Accident.