Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-11-26
supreme Court Decisions.

supreme Court DectslOnss
The fun bench of the Supreme Court
met Saturday morning in the room of the
lst section and delivered opinions in the
following cases. Among the points deei-
ded, we note the following of interest to
the bar and public generally.
In case of Bales VS.. Harmon, from the
First Circuit, the Court construed the new
statute-Secton 1878 of the Code. which
provides that in cases of forcble entry and
detainer, where judgment before the mag
istrate is for the plaintiff, a writ of possess
sion shall be awarded for the property, up
on the plaintitfgiving good bond for re-
turn of property with rents and profits in
case defendant gains the suit on appeal.
The Court decides in the above case that
where judgment and writ of possession is
awarded the plaintiff, the defendant may
obtain suspension of the judgment upon
application to a Judge of the Circuit
Court for certiorari and supercedeas pro-
vided that the Judge in his fiat certities
that in his opinion the defendant has
"merits" in the case. In the application
for certiorari the defendant need not give
reasons for not appealing within two days
as in other certiorari applications. But IN
all such cases the party securing stay Of
judgment must give good security for rents
and damages reversed and remanded. rs
Blackwell as. Mcintosh: In general is
sues of facts set down for trial at term OF
Court subsequent to issue term, the alb
sence of a co-defendant is good ground for
continuance of cause on application of a
defendant; reversed and remanded' s.
Caldwell as. POlUeU: Taking the pauper
oath is compliance with the rule to give
bond or otherwise comply with the law
within the time fixed by the Court for an
appeal; motion to dismiss appeal disal-
lowed. . ..
AfdLOneyUs L1tster The measure of dam
ages in cases of Confederate money is the
value in greenbacks; reversed and re-
manded. .t.'
llcCall,tD1 as. WooLsey: No title obtained
at sheritf's sale is defense to action for pur-
chase money reversed.
Chestnut as. Frazier: A dismissal of
bill in Chancery for want of steps does not
abrogate or annul previous decree in the
cause. The parties rights in the suit stand
as declared; reversed and Temanded. ...
Johnson, Brecer d Co. as. llcCQnlp5elL
d Co.: y factors promise is good to for
warding merchants ; reversed and renlan-
ded. ..... .-
Nancy Smith VS.. J. p. OFT, deceased; af-
firmed. .... 'r....
Barsheba Mcclure VS.. A. NJ. Doak re.
versed and dismissed. .......' ....
Lee Fugate VS.. Wiley Stapleton revers-
ed and judgment rendered here. .r.
".
| alias writ of possession to issue. ...--
Rufus Courtney VS.. Geo. r.. Powell; de.
cree modified.
Tarwater d Bearden VS.. Jas. A. Swain ::
| affirmed ...
J. NJ. Daley VS.. A. S. Hudiburg; af-
! firmed .... ..... ..... .. rr.r
]. NJ. Stanley VS.. Draper & Stanley; re-
versed and Judgment rendered here,
| III. b. Thompson VS.. James West; af-
! firmed. 3D. -H.... .... ....H.. .....,r-. .
Justices Greene countyvs Geo. Graham !;
affirmed. .... ...I..E. .r.. .'
Geo. H. Vared ct al VS.. II. NJ. Kerbaugh
! ct nj reversed. ... ..... ..r.. -'-..
I'M Tate VS. Jos Cambell affirmed
II NJ Folsom, Esq, was sworn as an attor-
| ney. . ..... .... ...... ..
Robt Owens ct al in error VS. Wheelock &,
Sharp diminunition of record suggested
and certiorarl awarded.
b Mcclure by next friend VS. A II Doall
ct al decree of Chanchellr reversed and
bill dismissed. .s" .H.r.-. E ..uu.
b Mcfarland ct al va A G Watkins ct
| al execution ordered for the sum of 81,
! 50607 on bond for purchase money in favor
of j + Deadericll, clerk, &c. -L"'.| '.
| Nancy Smith, adm'rx, VS. j h q e j
Mckinney ct al affirmed. 4..I. Ha"
l. Howard Ys j ID Riley motion dis
charged. r..r....-fa. f.uF4-... .r..
| The second section is still hearing causes
from Knox county. The case of Alex.
Kennedy VS. the Hartford Insurance Com
pany, for the policy due on goods lost by
him in the fire on Main street about four
years ago, was argued. .- ID.
! Tho first section is still on the causes OF
the first Circuit.
ON THE BIINUrEs OF THE SUPREME COURT.
| Yesterday Attorney General Heislell
presented the resolutions published in Sun
days issue, relative To the death of the
late Hon. II! A. Il. Nelson, before the Su-
preme Court, asking that they be spread
upon the minutes of the Court He ac-
companied the presentation of the resolu-
lions with brief eulogy OF the dead, To
which Judge Sneed responded. The reso-
lutions were ordered TO be spread on the
minutes rs requested.