Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-11-02

reported for the Chronicle. by L. Till
man, Jr.3

Practice.-InjWnction.-If a bill
brought to enjoin the collection OF a
note at law is dismissed upon the
hearing, it is proper to give judgment
in favor of the defendant against the
complainant and the sureties on the
Injunction bond for the amount of tie
claim eDjoined.
Byrd vs. Betterton.
EUidence.-Ffeight 6U.-In a suit
for the conversion of corn q witness
was permitted to testify as to the
quantity from Information derived
from the freight bills in his possession.
Held: That this was error.
Neal vs.. Taylor.
Sherff'S sole.-Bidding for another.
1t ia legal, and not improper, for a
Sheriff, at his own sale, to cry a
bid for and to strike off the property
to a third person, who had given him
authority SO to do, provided a fair an
nouncement be made Of the facts.
Templeton We. Moore.
Constitutional LaW-LegislatiUe Bill.
l. The act of 1879 (chap. 127) entitled
"An act to establish a Chancery and
Law court at Bristol, in the county of
SaNivsn," is not obnoxious to Sec, II,
Art. II, of the Constitution, which
provides that "no bill shall become a
law which embraces more than one
subject :" and is therefore ConstitU-
tional.
2. Same. Rule Of Constructi0n,-
Constitutional provisions will be con-
strued literally, rather than stric,ly,
and the true rule in cases of the nature
of this one is that any provision of The
act directly OR indirectly relating to
the subject expressed in the title, and
having a natural connection thereto,
and not foreign thereto, should be held
to be embraced in it.
Morrell vs.. Pickle, Chairman.
Tag3hon-Laad Sales-Privl gges.-
l. \ tax can not be collected by the
County Court Clerk for the county On
c~onveyances of land sold where the
| county court has failed to levy a tax on
'land sales" The term "Pfivilegei
can not be made to embrace such
Gales.
Same.-COunty COurt-P0Wer Of
Question reSerUed.-2. Whether the
land sales is a question of Importance,
and this case not calling for it, decision
is reversed.
Clark vs.. Montague & Case.
State Sovereignty - Waiver 1t is
we'll settled that a sovereign State is
not liable to suit in its own or in the
co urts of a foreign State, if ohjectiou
is entered on the ground of its SOY
ereignty; but if appearance is v0luu-
1arily entered to an original bill, the
OH ecti0n based On the ground af0Te-
SAID can not be afterwards made ~ al
amended bill, property defEed.
Tappan vs.. Western aud Atlantic
Railroad.
Election Contest A5Go ton.
i. To a suit, contrasting as to The
Office of Sheriff. the contestant is at
liberty to show any disqualification ia
the cOntestee, but the contestant can
not be declared entitled to the office
upon the disqualification appearing,
The proper judgment is to order q new
ell ctiOn.
Costs.-Practice.-2. IF q plaintiff
join in one suit two Independent
auses of action, and fail in establish.
ing one of them, he should be made to
pay the costs accrued upon that
ground.
Lewis vs. Watkins.
Ta1.-Fdrnaer.-- Wagon.-A farmer
who uses his wagon to haul Wood fol
hire is not liable to pay a license tax.
Gardner vs. Lewis, Clerk, &c.
Practice. Demurrer. Renanding
If a demurrer is sustained in tht
court below, and the complainant re
fuses to amend his bill and appeals tt
this court, he risks his whole case
and upon affirmation of this court, il
is too late to ask to have the cause
remanded that amendment may bG
made.
McEwen VS.. Gillespie.
County Warrsnt-do not bear inter-
est. l. A county warrant made paya'
BILE to 81 designated person, is not a ne
gotiable instrument and does not bea,
Interest.
S4ne-Sut upon,-Such a warrant i
merely a draft on the County Treas
ury, and intended IS a voucher to tn
trustee, and it is doubted whether
suit may be maintained upon it.
Partnership. -Accouat.-Practice.-
l. In cases brought for settlement o
partnership accounts. it is the duty o
the parties TO furnish their respectivt
statements of the account, or TO EN-
ploy an expert to draw out the sam
for the help of the Clerk of the Court
Same.-Same.-2. In such case tn
books of the partnership can no
be made parts of the record, an
neither the Clerk nor the Court can b
compelled to look TO them to ascertain
} the condition of the accounts.
THE North Pole and Ycuas0~