Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-06-24
THE SUPREME COURT.
Points Of Decisions Recently Rendered
at Knoxville.

~ IunaE nRAnRRIcK-

By JUDGE DEADEhlCks
East Tennessee, Virginia and Ge6r-
gia Railroad Company VS.. Henderson,
for the use of Matthews-Henderson's
COW had been killed by the railroad
train. He made out an account against
the company for the value, and assign
ed it to Matthews, who brought suit
thereon. Held-That the claim was
such as could be reduced to account on
the waiver Of the tort; that It was as
signable and that the assignee could
recover.
Dial vs.. State.--Dial started on a
journey out of the State, armed with a
pistol. The high waters deferred him
and ne pursued a circuitOus route
hOmeward, somewhat leis7rely. He
was prosecuted and convicted for car
rying arms. Held in substance that
his failure to return directly home was
not In itself sufficient evidence of go
ing armed" to authorize a conviction
under the statute.
Lawrence, admir-, ETC.. VS.. Thorn
hill.-The statutes of limitation do not
begin to run against Il debt maturing
after the death of the creditor till the
qualification of a personal representa-
tive; but il debt is due at creditor 8
death, and the statute has begun to
run, it will not be stopped by his de tn
even if the heirs be minors or insane.
BY JUDGE M'FARLARD.
Delacy VS.. the Stakeholder an in
dictment for larceny defendant may be
convicted under our statute, of an at
tempt to commit larceny.
Ruohs VS.. Younglove-RuOhs, haY-
ing only a partial estIte IN a tract Of
land, conveyed In fee with covenant of
,eisin and general warranty to Young
love who, on eviction by the lawful
owner from that part of the estate
which Ruohs had no right to convey,
brought his action at law for breach of
warranty. Held Judge Turney dis
senting), that the measure Of damages
was not the full amount Of purchase
money paid, but such a proportion
thereof as the partial estate lost bore
to the whole estate, though it was sug-
gested that it would be otherwise In
bill for RECESSION.
Hodges VS.. Williams ct als-Under
the fact Of 1870 a married woman,
whether the husband Join or not, may
convey by deed under privy examina-
ton her separate estate, unless the
power of disposition is forbidden or
otherwise prescribed In the instrument
creating the estate.
Thompson ct ais. vs.. Tibbs ct ais
The omission of Understandings" is
fatal to a certificate Of priYy examina-
ton.
BY JUDGE TURNKEY.
WOodsOn VS.. State-The failure TO
prove that an assemblage Of persons at
a church was a worshipping eongre-
cation Is fatal omission In a prosecu-
ton for disturbing public worship, and
such as viii not be supplied by pre-
sumption.
BY CHIEF JUSTICE NIc3foLsON.
Glen ct ais. vs.. Pickett, Judge, etc.
"A judge or chairman Of a County
Court is authorized by our statutes to
proceed by motion against a County
Court Court Clerk and his sureties for
clerks failure and refusal TO make set
Elements and pay over public revenue.
Gulley VS.. Western and Atlantic
Railroad Company-Under the stat
utes of Georgia, an employee of a rail.
road company cannot maintain an &C
ton against the company for personal
injury resulting from his own culpable
carelessness unInixed with negligence
on the part Of the agents or other en-
ployees of the company, even where
the company has failed to comply with
certain statutory regulations, the OBJ
serVance of which does not diminish or
increase the liability to accidents or
the class or kind from which he suffers.
Query: Is 1t so under Tennessee |
statutes:)
National Bank Of Chattanooga VS..
Mayor and Aldermen of Chattanooga |
Under the statute declaring banks a
taxable privilege, and the city charter !
authorizing the city to tax all property |
and privileges taxed by the State, the !
corporate authorities Of Chattanooga |
levied privilege tax of one hundred |
dollars upon the National Bank Of that !
city, and on failure and refusal of pay
ment issued a distress warrant, the ex.
ecution of which was enjOined by bill /
IN equity. Held-That the bank being
created by act Of Congress was not liza
bic to taxation either by the city or
State, and that the remedy by iDjunc-
ton was proper.
Gra7es vs.. Fitzgerald-A Confed-
crate soldier recomm, nding a regular
foraging squad of his comrades to take
supplies from citizen is not liable to
the owner in an action for the value of
such property so taken.