Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1880-10-19
COURT OPINIONS:


Reported for the Chronicle by L. Tillman, Jr.
Judgment Ground for setting aside must
be Gle rly proven.
!. A party who seeks to set aside judg-
ment against him uponthe ground that be
was not served with process must clearly
make out his case
fraudulent conveyance-Granto, estopped
How.
2. Upon bill fled to set aside dee
to convey land in absolute sale. |
upon the ground that it was made to hinder
the complainant in the collection of his
debt, the grantor and grantee insisted
upon the validity of the sale, and swore |
in his deposition that the sale, was bona
Jide and the consideration tully paid 10
him; held, that the antor had no inter- |
est in the land to authorize him, DV ap-
peal. to impeach the decree sunJectih
the land to the satisfaction OF the com
plainants debt.-Cooper, J.-Hurst vs.
Childers.
Public road-County court--Jurisdiction.
The jurisdiction Of the county court over
public roads is plenary, and Its action IN
opening public road cannot De attackeo
collaterally for mere irregularities IN the
proceedings, nor upon the ground that the
road is of no benefit to the public Inc
remedy is by an application to the court to
close the road.-Cooper, J.--diison vs..
state. t.5.
Same-Non-user not Abandonment, when,
Mere non. user of a.public road for three
years will not work an abandonment of the
easement, nor authorize the owner OF the
land to obstruct the road.-1dem.
Same What necessary to establishment.
1t is not necessary to the establishment
and existence of public road that the
county court should, in addition to confirms
ing the report of a jury of view lay ing1t
otf, appoint an overseer or assign hands to
| work on the road, if in fact The road be
actually opened in con forr1lty with the or
der of the court and used by the public
Idem.
| Charge of court-N Of erroneous when.
l. When the whole of a calm CT the
judges charge, on a particulas point, Is
correct. error can not be assigned on a line
or two of that claim, which would be in
correct if separated from its context
| Cooper, J.-Roler VS.. Bachman.
| Same-Same.
2. Nor is the inaccurate use of language
| a ground of error, when the context plain
| ly discloses a correct meaning, especially if
| the supposed error turns upon doubtful
| chirography -ldem.
| New promise When sufficient to revive
debt.
8. The new promise, which will revive q
debt, may be made to third person, pro-
tended that it should reach the ears and in
fuence the course of the creditor.-Idem.
| c. arge of court-Not erroneous, when.
| 4, 1t is not error, after charging that the
| plea of the statute of limitations is, if made
| out, a valid, complete and lawful defence
| to an action; to add, without more: with
| the moral aspect of the plea, the court aid
| tn n p-THc
| Observation-Disclosures asked.
8. Although party may at the COM
mencement of the trial, after asking the
| Judge to charge the jury in writing. hand
to the Judge specific Instructions which he
desires to have embodied n the charge, be
| can not assign as ror the omission OF the
Judge to include some of those Instructions
in the charge, unless his attention be
called to the omissions after the charge has
been delivered. and he then be requested to
| give them in the charge-Idem.
New triaI->AffidaYits of jurors inadnissi
BILE.
g. Upon a motion for new trial the
afidavits of jurors that they m sunder"
stood the charge and mistook the facts in-
| troduced in evidence, are inadmisslble, as
where they say, contrary to the truth, that
the court instructed them that the sole
question before the jury was whether the
cause of action was barred by the statute CT
limitations and upon a calculation of the
time by one of the jurors he announced
that the time had not run, when, in fact, II
| had.-1dem.
Indictment-Va riance.
An indictment charging sthe, prisoners
with stealing the money, and receiving tbs
money of Elijah Rodgers, knowing it had
been stolen, is not supported By proof thai
the money stolen was the money Of
Eliza Rodgers. Mcfarland, J.--Sartin
Va. State.
Railway ompany-Regulation requiring
| tickets, valid.
The regulation of railroad company
requiring its passengers on freight Trains
to nave tickets procured of the depot
agent is reasonable and the company have
a right to adopt it.-McFarland, J.--Lane
VS.. E. T., Va. 81 q, r. r. Co. ....f
Practiee-Discretion of chancellor.
l. The application to set aside q judg
ment pro confesso is matter within the
discretion of the chancellor, and this csur
would perhaps not be authorized to distub.
his action, the facts being that the defend.
ant did not understand that any decree
was being sought against m.
Same.
2. But the bill must set out state o.
facts authorizing the decree. Mcfarland
j J.-Chandler VS.. lobe.
Chancery court-Relief against judgment
a. law, when. 1s
When a suit pending is compromised
\ and a written agreement drawn up to b'
made the judgment of the court and is sat,
isfactory to both parties but for good req
, sons is not signed by both: Held. error *
refuse relief, when judgment has been pro
nounced against the defendant in the cir
cult court, upon bill fled for that pur-
pose.-MeFarland J.-Stokes VS.. Keebler
Road overseer-Estoppel to question ap
pointments 7si@isi--
A road overseer having accepted ant
| acted upon the order appointing HIM, cal
j.. not question the validity of his appoint
I ment.-McF arland, J.-Martin VS.. State.
State and county tax-Not costs.
State and county tax being tax imposed
by the legislature upon unsuccessful It'll
giants, for the purpose of raising revenu,
: for the state, cannot be taxed against The
, defendant under an agreement with the at
! torney general to enter nolle presequi
upon his paying the costs.-Freeman, =
State VS.. Hartman. -sgo
, Contribution = Co>surity - Ratable shsr
only recoverable on motion. es
In proceeding by motion of one surit1
against his co-surity for contribution, b.
can have judgement only for the ratabl
, share of each, as it appears from the fac
of the MISUNDERSTANDING, J.-Rule.
, vs. Rhea.
HORSE NOTES. ''For Collie AM