Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-10-16

ton. We know nothing about the
facts, but if any of our friends have
any they wish to sell, they may prob
ably find purchaser, if they will
write to r. J. Moses, 81 Wall street.,
New York.
SUPREME COURT OPINIONS.
man, Jr., September Term, 1851.
Costs-iShoIrJ ytees--Code, sec. 1864, sub
sec. IL. Construed.
Code, sec. 1864, sec. II, allowing sheriffs
'For special venire by order of court each
juror 15c" does not apply to PANELS of ju-
| ner w. State. Mcfarland, J.
Case oUesrU2ed+Smith Vs. State, 6 BaX.,
537.
Contract to pay or deliver erty-Actton
0n-Where a contract provides for the pay
nent or delivery of property, and the time
and place or either be not fixed
by the contract, and the payor
reside in the county where the contract is
made, the payee may maintain an action
without having given the notice required by
| section 1870 of the Code, if demand has
been made as provided by the following
section. Riggs VS.. Riggs Mcfarland, J.
| Common canterbury Of. The duty
of railroad company is to carry freight to
the place directed, and to deliver to the
party entitled. if there ready to receive it,
and if not to store it for him.
2. Sanae-Liabiity. The liability of the
l n vhnn
the freight is deposited in warehouse, and
is not extended by the act Of 1870, chapter
II, Code 1898 j. } requiring the company
to give prescribed notice to the consignee.
Butlerv E. T., Va. 4 GA. r. r. Cooper, J..
Practice Account Masters Report
4 Exceptions to-. Where a case comes up
on exceptions to the Masters report of an
4 account, the rule of this court il only to
| notice the exceptions of the appellant; and
such exceptions of the adverse party as
! may have been sustained to the prejudice
| of the appellant.
l O. Sanae-Sale aohere master and chancellor
concur on the tacts.-It is also the rule that
| where the master and chancellor concur on
the facts, this court will not disturb the find
4 ings except where there is a strong pre-
ponderance of evidence against them. Bre-
/ nan and wife VS.. Roy and others. Coo
per, J.
Practice -Garnishment-P Proceedings In
4 tervening.-1. Where q garnishee appeals
from Justices judgment against him, 1t ii
| error in the Circuit Court to allow the judg
| ment debtor to intervene, on his motion, Al
1 q defendant in the garnishment proceedings
His remedy was to appeal from the judg
ment.
J Condemnation proceedings What coa,sti
t,stes record-2. The affidavit upon which
an execution is obtained on a Justices judg
: ment within the time allowed by law for ar
appeal, constitutes no part of the papers re
! CURED to be returned into the Circuit Cour
for the condemnation of land levied upon BY
the execution.
Confession Judgment of-What IS not
, %. A judgment of justice rendered upoI
! q warrant, the service of which is acknowl
edged by the defendant by confession o.
; his liability for the cause of action, is not
. | judgment by confession under Code S2977-
2979.
Il Garnisace-Detsase not ouaila61.-4. 4
= garnishee cannot contest the validity of tn
Judgment on which the garnishment is based
D because of the failure to comply with all tn
: provisions OF the Code in relation to judg
ments by confession.
4 Justices Judgment When svfscient.-5
A Justices Judgment which recites that tn
l uC1CAuhut utsb COulo6ocu y bpc
CITED sum, and which awards an execution
: therefor, is good, although the word mote
be written instead of 'tnotes," and the wors
. Judgment be omitted by clerical error.
dt Garnishee-Defense not auailable.-6.
garnishee cannot object to the execution OF
, which the garnishment notice was based
q that it was issued upon an insufficient affida
Wit. Cowan, McClung & Co. vs. Lowery
Cooper, j.
r Corporation When assets become trats
fund. The assets of a corporation ar
= not turned into trust fund for the benef
d of creditors by the mere knowledge b,
n its officers of its insolvency, but only b.
= some positive act of insolvency, such as tn
Ie making of general assignment, the film
No of bill to administer its assets. or the pei
manent cessation Of business and it
], only what remains due from custome
- after the settlement of mutual debts, whic
y would constitute the trust fund.
r. Same-Transdction after knowledge 0
n Iasoloency-2 Where, therefore, afte
y knowledge of its insolvency, but two day
before it ceased to transact business
r the officers of a bank entered s,
n credit on the account of on
:, of its customers, which was justified
a the dealings between the parties, it wa
O. held that the assignee of the bank, under
general assignment for the benefit OF cred
9. itors subsequently made, was bound by th
ar transaction.
~ Chancery Proctice-7'h party iste'
ID psning.-3. As a general rule, no practice
q known in equity as the making the person
!. defendant upon his own application, ov'
10 the objection Of complainant.
1T Cross-bill-WiN not be aohen.-. A eros
J. bill is mode of defense or an auxiliary sui
Z. and constitutes one cause with the origin
le bill, and . eross-bin will not, therefore, l
whore there is q connection between the d.
40 mands or the parties. Comfort, trustee, v
OF McTeer Cooper, j.
- Aarrisd aoonaan-Pricy acknowledgment
% Officers taking acknowledgement Of ma
o. RED woman should be careful to see that b.
Ia is in fact separate and apart" from Il
AZ husband. Mcfarland, j., in Hommen v
ae HommelL a s5t.
AZ l. Naster-Sesraut- Contractor II
y obligations existing between master an
lis servant do not exist between employer ~