Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1880-10-12

per sc. and,s municipal corporation hav-
ing licensed o grocery Is net liable In q |
civil action TO any citixsn who may be an~ |
noyed and Inconvenience by the disors
derby manner in which the same may be |
Kept. g. II
Mcfarland, J.-McCrowsll vs. mayor and
aiderman--same, same.
z. The most that can be said in such
case is, that the police officers of the town
have neglected their duty in suppressing
the diserderly conduct; and for such neg
lect 1t is clear the corporation is not liable.
--Idem.l H9NFNlO fEIl
Profanity -Indictmen defective when.
An Indictment for profanity 10 detective
when it fails to charge that the words
were uttered ITO the common nuisance of
the public. Robinson vs.. atate-Free>
man, j.
ar bitfation court2D decision final. sz3&
This court has no: power TO. amend
judgment of the arbitration, court. .
Cooper, J.-Haynes, admir-, vs.. Hou:er.
Arbitration-Awa.d set sside IN part
when. rT IA
u hen a matter Of controversy is SID.
N itted Tor ar bitration by an e1eentor ana
other parties, claiming against the estate
| the award to be made upon the prlncl-
| pies of equity and justice" it is error for
| the arbltrators to refuse to CONSIDER the
| plea of the statute of limitations PUTIN oy
the executor, and il so fsr as ne ;,i nay oe
ASIDE. -Deaderieks O., j.-Pearce. ex'r' vs..
Roller. aaE FY5flt7faL 8aI 10 awHH1 ~
Client-Power over his case .,,rr ..s,d I
| A client has at all times the right to
control his case even though the dlsposf-
ton be wishes to make OF it may pc against
the interest Of his attorney az aria ian q
E.t,,o oasey Il. nhen f5dt n3di bra ii
/ n An tentry AZ follows, be d. q special
i entry: Abiei u. Parks and Mathew III
Wagner locate and enter four thousand
+ acres of land in said county Beginning
on Andrew Taylor line, northeast corner
of f:ty acre entry, NO o4i, between . as,
81. Tyf and the Rainbow mountain; thence
running various courses for complement by
Il pla ttiug out all former entries Of land To-
Gated and entered, Berry Va Wagner. 81.
Survey-How made, 5,,. am. ain,
i p The law furnished the mode of run
| ming out the land, the beginning corner
beng definitely ascertsiped and required
older entries to be excluded, and these en-
tries served as guide to identify the direc-
ton of the calls of the entry in question.
The policy of the law is earnestly in favor
of securing the lands to the oldest entereri
/ when it can be reasonably .scertained. -.
Idem.-Freeman, D. s-''iS s4h+ 90 1lff @
l Practice Notion to dismiss will not lie
| when. .4U0 88uL,g sg y
1. A motion to dismiss bill for want of
equity on its face will not lie when case
proper for equitable relief Is shown, al
though effectively stated.-Cooper, j.
f Anderson vs. Mullenix. - ..........5. j.
Same-Same ...... F.....r......f ..... All.
2. A bin to enjoin an execution for costs
is good agains. q motion to dismiss for want
. of equity, which states that there had been
two suits. long since terminated, Ia which
the complainant had paid the costs in full
amounting TO 1924, receipts to this effect
being fled. and that the judgment taken
for costs; on which the execution in contro-
very issued, was taken without notice, and
is fraudulent. unjust and illegal.-Idem.
Chaneery NEUTRALITY-SUSPICIOUS. its OWL
!. execution. alIaJ5 a4I 10 l1l8llu
3. A court of chancery will entertair an
} original bill to enjoin It's own execution in
q proper case.-ldem. .I 10 Atil
Surety-Statute of limitation-Contribu-
/ ton. 80 e
: A surety who pays the debt sitter the ba,
of the statute of limitations has attac ed in
his favor is not entitled to receive contri.
, button from co-surety equally protected
: by the statute. Cooper, J.--Cocke, adm
8 Court of Chancery Will not give RELIEF
= when. @ '-"as'2 a"1t ~
5 @ A court of equity win not Interfere
at the instance of the principal in trans
action compromising q felony in the alb
| sence of fraud or Cypress on, to set aside an
absolute conveyance of Land to the surety
: of the principal on note executed in fur.
/ therance of the illegal bargain. when the
facts stated in the bill render it reasonably
certain that the surety has paid the note,
nor will the court, upon bill SO framed,
| take jurisdiction upon an allegation that
5 the conveyance was intended merely to
; secure the note.-1dem. ts9 T."
| n,eorafi1p of nn,1vk
i The active interpositien of equity to SCI
: aside executory. co attracts which are illegal
D rests in the sound discretion of the court
and Is not of right in the parties. and tl
{ invoke that discretion the party seeking it
a nust do so promptly, or clearly shoV
!. by the facts stated in the bill that the cour
5 can safely act without doing Injustice, anl
can restore the parties to the condition they
3 were in at the making of the contract
: Smith VS.. Smith Cooper, j. 10 baE
An indictment found on the 18th O
!. August 1879. and charging tnst the de
: PENDANT committee the offence on the...,...
Q day of......., 1879, is good under the code
!. 26l24-Stete vs.. James Patker.-7Cooper
Husband and wife-reviyor-abate
. Pending suit Ia chancery by .husban,
d | and wife, IN right of the wife, she died
and more than two terms after entry o
Q record to that effect, the court, upon motion
. OF the O0I6HuautSy CrOGfe0 The eQit 70 8O8t
9 as to the wife. The defendants move
+ afterwards for an order that the suit abat
also as to the husband, pending which mo
f ton the husband filed q bill Of reviyor q
/, the personal representative Of the wife
i Held that he was entitled to revive.-
= Brooks and wife VS.. Jones, ct al.-Cooper
~ Judge. ices A'aDin aisA.''i
: Statute of 1imitations-new promise
The maker Of note calling for so mucl
q money in specie, having made payment
4 from time to time in currency, promised
: after the bar of the statute of limitation
r. had attach ed in his favor to pay the bal
4 ance of the note less the payments of tn
= amount thereof. without any deduction 70
: the difference between the currency ant
: specia, whi,h proposition was not accepted
/. Held that the promise revived the debt re-
mainining after allowing the pay ments o
n their nominal amonnt-Hannsh and Nc
4 Cord, adm's VS.. Hawkins. 80 l@ atsA a
u Boundaries-Whst embraced in-Nayi
- gable stream. 5aJ aItyt J-UaaiE s,
: [. Under contract for the sale of LAM
|. at stipulated price per acre, where tn
lines of tract call for q tree on the soutl
10 side of river, .navigable ia the common
- aeceptation of the term, and for the river
% thence with the river IS it meanders, tn
II vsndee is only required to pay for the LAM
bounded by line running with the ordin
e ary low water mark, and any islands be
G 49, n ~ ~ Q AxnA ~ n