Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1878-11-10
SUPREME COURT OPINIONS.
Reported for the Chronicle By f. A
Reeve, ESQ.,
PER COOPER, j.

PER COOPER, J.
| Carrigcr as. Mayor and aldermen
| of llOrTistOaUn-BOnds issued by q
| municipal corporation, under an act OF
the Legislature which authorizes theil
issuance, if upon au ordinance OF the
qualified voters at an election held
under the direction of the Board, q
majority of those voting should not
decide against the proposition, are
| valid, if an ordinance, although loose
ly worded, is passed in favor Of the
| Issuance, and the Board fiLd that an
election was held and a majority OF
the votes cast was in favor of the Issu-
ance, and their validity will not be
| affected by irregularities in the cleo
! ton, or the mode OF issuance.
Turney, j.. diSSCntiCat.
PER FREEMAN, J.
/ Parker as. StcC6.-1. On failure to
! build q dwelling house according to
contract, and a recovery on count for
value of the building as built, on the
ground of acceptance in its defective
| form by defendant, the plaintiff re-
covers the value OF the house as re-
ceived, at the time received, and not
the value of the materials, as such, put
into the building, nor Of the work
house built, as received, in other
words, is the measure OF recovery.
>. Suit OH a contract of q woman
dam sofa " no married during the pen
dency of the suit, and suit revived
against the husband, who afterwards
died, aud the suit allowed to abate as
to him. He'd, that the suit might
proceed against the surviving wife
the debt as to her not having been eX-
tinguished by the marriage.
NcReyaOldS as. 1fcCdLLie. Under
the act Of 1905 the change of name of
an illegIImate child, on application Of
the putstive father, is to be done only
on the party proposing TO make the
child his heir or joint heir, which must
be entered as The opinion or decree of
the court; therefore, when it is shown
the name of the child was so changed,
and the record has been destroyed, it
would follow that the Child was made
an heir aud entitled to inherit the es-
tate of the fainter.
Jackson as. Sligo Manufacturing
and njIliGg Company Stock holders,
or holders of shares, in a pauy iu-
corporated, can mot 10 held liable to
pay calls on stock 10 discharge debts Of
the corporation incurred 10y new or
ganiZatiOn of the company, after they
had bona fde sold and disposed of their
stock aud interest in the corporation.
PER INGERsOLL, 9. J.
B0uldiR rs. LOckhort-1. The en-
abling act of 1873, providing that a
county seat may be removed to any
place in the county by vote equal TO
twO-tbirds Of the votes cast in the neat
preceding Governors election, is 10
conflict with /, art. Y, Constitution
Of 1870 which provides, among other
Things that 1.-The seat of justice OF any
county shall not be removed without
the concurrence Of two-thirds of the
qualified voters of the county" and is,
therefore, unconstitutional and void.
The case Of Cooke as GOOch, ) Heis.,
294 appreciated and re.affirmed, in
which the word consent" is held to
mean 'the active concurrence of two
thirds of the qualified voters, aud can
not be substituted for a passive acqui-
escence.n
,. The legislative action Of County
Court Is subject to revision or cOrrec-
ton by the courts, a. we'll Is that OF
the General Assembly.
Shea as, Ma6Ty. !. Section $3.50 OF
the Code, providing that in all cases
where more than one person is plain
tiff, the court or clerk may determine
whether notice shall be given TO each
person, and if not, 10 whom, men,
OFandum of the order to be kept with
the papers; and Section 4423 also pro-
viding that the Master shall give
notice to the adverse party or bis
solicitor, of any rule, order or proceed |
ing taken at his aftfce, are directory |
merely, and the neglect of the Master |
would only entitle the defendants to |
an order to crOss-eXamine, and would |
not operate to vitiale or exclude the |
deposition.
,. An order auac pro tune reciling !
many facts, ought TO DE grounded upon |
the clearest evidence, such as the recol- !
lection of the presiding Judge, or
some memorandum kept by him or
the clerk, or the agreement of oppOs-
ing counsel.
3. 1t is too late TO except to a deposit /
ton referring to and adopting a former
on the trial of the cause,
under the provisions of Section 3S6S |
OF The Code.
4. Where objection to a dep |
osition is placed upon untenable |
ground, although The evidence |
Is clearly incompetent, this |
court can not consider the objection |
if urged for the first time here.
d lie particular Charge III the Dill (
relied upon to hold defendants liable |
is, that they had used SIS, 800 of the |
money of a railroad company, either
in an attempt to procure other and |
further appropriations from the State,
or had permitted the president of the
to use the same for his own
purposes-the complainant
being a Judgment creditor of the road
and seeking TO reach the funds so
misapplied-HeLd, under the facts and
of the case, that the
could recover against the
president and directors of the road.
6. Good faith wilt not protect even
the trustees in bad acts, nor is ignOr-
ance any excuse for not knowing
what they should take the pains to
learn. Directors are not mere figure
heads OF a corporations. They are
trustees for the company, for the stock
for the creditors, and for the
State, and are required to exercise
constant vigilance and the utmost
good faith, or they must answer for il