Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1877-11-16
fkSsEssGE sufRfak connr.
Abttfaet 81 0pfuions Delivered on
saturday Last.
Knoxville Tribune. 1lth.I

o"a"F"nJ Atet.
Knoxville Tribune. 1lth.l
VY JUDGE TURSEY.
Nichols vs. the State: The prisoner
forged a poil-tsx receipt and gave il to
the constable collecting taxes in the dis.
trict. when no tax appeared upon the tax
duplicate against him. The indictment
charged that he forged the receipt to de.
fraud the constable. Held: That the
officer was not deirauded.
Harness vs.. the State: 1t is not error
to refuse to allow, on cross-examinatiop.
an answer to the question: Have q
not been indicted several tImes2
Nor TO omit to charge the law upon
the subject Of abb, when the proc 4
offered by the prisoner is not positive to
show that he was not where the crime
was committed at tho time Of its com.
mission; nor to refer to pages of reports
to sustain a proper charge.
Callahan va. School Commissioners:
The wages due a public school teacher in
the hands of the school commissioners
are not the subject Of garhiohment.
Crozier VS., the State: The ccusa
tons OF the prosecutor, who is dead,
made in the presence of the prisoner,
and his responses thereto are admissible
evidence to show the crime.
Blankenship vs.. the State: The pris-
oner started on a journey out OF bis
county, armed with a pistol, but changed
his purpose and went to a log.rolIin0.
where he remained for a portion Of the
day, wearing his pistol. Held: That he
wss guilty, and the circuit Judge COM
mended for his effort to suppress the
practice OF wearing arms by aiixing the
extreme penalty of tae law.
Bacon VS.. Chase: The finding of a
circuit judge on the oral proof Of wit.
nesses has the same weight in this court
as the verdict Of a jury.
Bullen VS.. Rose: The value of Con.
tederate money OF the place of payment
at the maturity Of the note is the proper
measure of damages in an action on a
note for such money.
by JUDGE MARYLAND.
Carson vs.. Moore: The act of the
assembly authorizing the County Court
to open u private way through the land
OF another is unconstitutional.
jackson vs.. Profitt: After previous
notice to the contrary by the creditor to
the debtor, the payment of and receipt
by the clerk, during the war, Of Confed-
crate money, upon q judgment, is not a
satisfaction Of the judgment.
Odell VS.. Mathes; On the petition of
a guardian a void sale of the lend of his
wards was made, and after coming of
age they sue him, his sureties and the
purchaser for the same and rents. Held:
The wards may recover of the purchaser
the lands and rents during bis posses.
sion; aud from the guardian and his
sureties the rents during his guardian
ship; and that the action against the
sureties accrued on the wards coming of
age; and that the purchaser may recover
from the guardian the value of the cur
rent bank notes paid for the land.
BY JUDGE FREEMAN.
Courtney vs.. Dyer: Haun brought an
attachment suit against Courtney and
g%arnisheed Dyer; Courtney was not
served with process, but an authorized
attorney entered his appearance Of rec
ord; Dyer answered that he had notes of
Courtney in his possession and under
the order of the court deposited them
with the clerk.
Courtney aiterward sued Haun and
Dyer for TIE amount thereof; held, that
Ham was liable for the amount received
under his void judgment, but that Dyer
was protected by the order of the court.
The State VS.. Lane: A lost indictment
Tor mlsdemeanor can only be supplied
from the recollection of the presiding
judge.
Slagle VS.. the State: A prisoner in.
dicted for a felony, but convicted of q
m%isdemeanor only, is liable only for
such costs as necessarily accrued on the
prosecution from the offeuse of which he
was convicted.
The State vs, Lindsley: An indictment
against a road overseer, charging him
that the road wal out Of order in various
particulars, any one of which is ipdicta-
BILE, is not multifarious.
Hartman vs.. Hartman: When a de-
PENDANT in ejectment e%Djoins the action
by bill in chancery, the proper practice
is to require him to confess Judgment at
law, and then let the decree OF the Chan
Gerry Court be executed therein.
Nave vs.. Good: A deed thirty years
old, free from suspicion, proves itself.
Under the act therefor a defective GER
tifcate Of acknowledgment is cured by
lapse of time. A bill lies in equity to
remove a cloud from title even when the
defendant is in possession, though the
deed ander which he claims title is net
from the same source as that of the
complainantS, if the deed ia registered.
Nelson VS.. Hess: A set of in an &C.
ton at law is a suit in the meaning of
the statute, and will save the running Of
the statute Of limitations under code, sec.
ton 2755.
A dismissal Of writ of error coram
nobis, is not a decision on the merits
within the meaning of this section.
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