Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-02-22
THE COURTS.

| OOAAI1 fi4A Ne~o NU1lAAnCu do C4CCueOE VI III
deceased.
CRIMINAL COURT.-In the case Of Altar
Robinson, charged with horse stealing, tht
jury failed to agree. Charles Clarke, &C
cused of arson, was acquitted. ROber
Cunningham, (colored,) accused Of larceny
was tried, convicted and sentenced to three
years Imprisonment in the penitentiary.
The cases standing open on the misde-
meanor docket will be peremptorily called
on Friday morning. All parties on bail
and also parties who have submitted theiI
cases and who have not given security fol
the costs, are notified that they must sp-
pear on Friday morning, or forfeitures will
be taken against them. The court will ad-
jOurn on Saturday.
CIRCUIT COURT.-Corbett vs.. Lowell, ct
ct al, Judgment for $3.50 actual damages,
and $3.50 exemplary damage. Mrs. N.
Mcdonald, Administrative, vs.. A. Morrison,
jury respited. Mays and wife, vs.. Wherry,
jury respited. Marian Patton VS.. Knicker-
booker Life Insurance Company, dismissed.
Ready vs.. Mayor and City Council, judg-
ment for Sl,173 90. Beazley vs.. Overton,
dismissed to E. F. MIlloy, administrator.
MAGISTRATES CoURTs.-Jack Kanally
alias Jack Whyte, was put under bonds in
the sum of $3.50 to keep the peace toward
! Samuel Bennett.
In Justice Baskette's court, the case Of
Strider, charged with abducting his wife's
! daughter, was dismissed, the court having
no jurisdiction. Strider was released from
custody but Immediately re-arrested on a
warrant from Giles county. He was taken
| to Pulaski for trial.
THE SUPREME COURT.-Opinions were
delivered yesterday in the following cases
by Judge Turney: billiard VS.. Davenport,
reversed and remanded. Russell VS.. Bow
en-, affirmed. Gaut VS.. Bryant, reversed
and note cancelled. FOust VS.. Elder, revers-
ed and remanded. LOgston vs.. State, SEN
tence pronounced that he be hung 9Th of
April near Jamestown.
By Judge Sneed-White vs.. Nashville and
Northwestern and Nashville and Chatta-
nooga Railroad Companies, decree here
against the company. Nicely vs.. Harp, af-
firmed. Cearrell ct al. vs.. Nashville and
Northwestern Railroad Company, decree
here against the company. Allen vs.. Lar
kins, affirmed. Peyton vs.. Burton, affirm
ed and decree here for the debt.
By Judge McFarland-Mulverhille vs..
Smith, affirmed. Green vs.. Smith ct al,
reversed and remanded. Mack Bros. vs..
White ct al, reversed and bill dismissed.
Solomon VS.. Fitzgerald, reversed and bill
dismissed. Singleton ct al, vs.. Cotton ct
al, affirmed. Martin vs.. Townsend, af-
firmed.
By Judge Deaderick- Matthews rs. Neil
ct al, Judgment affirmed and motion dis
missed. Powell and wife VS.. Townsend,
affirmed.
By Judge Freeman-Renfro vs.. Hammer,
affirmed. Cannon vs.. Whitthorne, revers-
ed and remanded. Vowel ex parte, re-
versed and remanded. Ballafante, admir-,
vs.. Colburn, reversed and dismissed. Tay-
lor VS.. State, affirmed.
By Judge NichOlson-Burn, ex., vs.. Par
ker, dismissed with cost. Lester VS.. Neety,
dismissed without prejudice. Allen, admir-,
vs.. Head, affirmed. Lane vs.. Cage, ct al,
affirmed in part and reversed in part. Sum-
ners, ex., vs.. Donnell, reversed and decree
here. Foster & McEwen vs.. Mcclure, af-
frmed. McCarty & Trotter VS.. Hust, re-
versed and decree here. Padenhowers VS..
Germania Insurance Company, reversed and
remanded.
The following points decided by the
Court yesterday will prove OF interest to
cur readers and the public generally. 4
White vs.. Nashville and Northwestern Rail- /
road Company, this was a suit for damages
assessed for the value Of the road bed. The
Supreme Court held that railroad after it
is finished and in operation may be enjoin-
ed from running its cars over the condemn
ed land of a person in whose favor damages
have been assessed and not paid. The in
junction in this case will stand until the |
damages Isl ,000) is paid, the railroad COM |
pany being allowed time to comply with |
the same.
Mulverhill vs.'Smith that where a |
repleuin writ was issued on an insufficient |
affidavit the property not being de- |
Iivered to the plaintiff, be proceeded in /
detiaue after trial on the merits without /
objection to form Of the affidavit. The |
affidavit was waived in this case.
Green vs.. Smith-Where a note was given !
and property left in pledge to secure the
payment Of it in another State and the note
was sent here, the maker sued and judg-
ment taken for the whole amount, held
that bill in equity would lie to obtain a
credit for the value Of the article pledged,
the remedy being properly in equity and
not in law.
Solomon VS.. Fitzgerald-held that a con-
of partnership real estate by sur
Viving partners,such conveyance passes title
70 the purchaser.
AN INJUNCTION AND ATTACHMENT.
Singleton vs.. Cotton. This was a bill
fled by several creditors to reach the pro-
,eeds Of land in the hands Of a trustee, to
whom the land had been conveyed to pay
iebts. The trustee had sold the land by the
consent of the owner at a private sale,
md applied so much Of the pro-
leeds as were necessary for that
1nrpose to the payment of the trust debts,
he remainder by direction of the owner he
handed 10 another person as they passed
)ut of the room where the sale was made
md the money paid over. When ne ar
lived at the door the sheriff was waiting
With an Injunction which was Immediately
erved upon the trustee. The bill was filed
,rior to the delivery Of the fund,
tut the service of the iniunc-
ion was a few minutes after. ;
There was nothing to show that the
,arties had knowledge of the filing of the
i'll and the granting of the injunction.
Held that the trustee was not liable to the
creditors for the trust-fund By
i'm paid over.
Cannon vs.. Whitthorne, held that where
be Juror was summoned as a tGIes-man !
nd kept in attendance upon the court for J
en- days, but never upon a jury from one
ay to another, he was entitled to pay for
be time during which he was in attend '
nee.
Vowel and wife ex parte; petition filed Q
y a complainant in Chancery cause pre-
iously pending by bill, which, on motion, =
'as dismissed upon the petitioner falling to
i've security for cost; held that this was
rrOr ny security hpiuO required .
Summers vs.. Council; dover was as 4
gned to widow 10 house and lot in a :
,Wn; the property being Incapable Of :
vision, one-third of the rent was assigned
a dover. A proceeding was instituted
/ the Chancery Court to sell the property