Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-11-08
SUPREME COURT OPINIONS.
Reported for the CHRONICLE by L. Till.
man, Jr, September Term, 1891.

SUPREME COURT OPINIONS.
Reported for the CHRONICLE by L. Till
man, Jr., September Term, 1881
Ejectment in Chancery.-The complain.
ants III an ejectment bill in Chancery are
not entitled to pry into the title of the ad-
verse party and consequently cannot have
discovery from that party as to the charac-
ter and chain of his title. Johnston ct al
VS.. Martin ct al. Cooper, j.
Mandamus = Abatement Rsyivor- In
mandamus proceedings to compel county
judge to issue a warrant for the bill of costs
Of a Witness the object of the suit is to as
sert right against the county, through its
financial agent, and the expiration of the
! term of office of the defendant pending the
proceedings will not abate the suit, and no
revIyor against the successors in Office is
necessary. The county judge has no au-
thority to revise bill of costs properly ad-
Judged against the county, taxed, examined
and certified according to law. Stata 60
RET. Sharpe VS.. Puckett. Cooper, j.
! County judge-Salary. county judge
is an inferior judge, within the meaning of
the constitution, so far as he is clothed with
! judicial power, and his salary can neither
| be increased nor diminished during the time
! for which he is elected; but he is also the
accounting officer and general agent of the
county, and compensation may be made him
| therefor under the authority vested in the
Quarterly Court by statute, and their judg
ment when exercised cannot be controlled
by any other tribunal. State er rel Puckett
VS.. Mckee and others. Cooper, j.
Infant-next friend.--An infant can
not sue in .forno paupe,Ts, nor by =
naxt f,-Ta IN, e.
personal injury, either by the common
law of this State, or under the Code, s2SO4
Cargle, by next friend vs.. n c. and ST.
Louis r. r. Cooper, j.
! Rents-purchaser entitled to-when-
The purchaser of land at execution SALE
which is not redeemed, is entitled 10 the
rents during the two years allowed for re-
demption, as against the debtor in possess
sion, although the purchaser fail to obtain
the sheritfs deed until after the expiration
of the two years. Wright vs. Williams
Cooper, j.
! Payment-banks- between.-A
bank at Nashville discounted note on which
a Knoxville bank was an endorser, and sent
the note to the latter bank, its regular cor
respondent, (the two banks having running
accounts with each other settled monthly
with instructions to collect and put proceeds
TO its credit, and the Knoxville bank, at tho
maturity of the paper, entered the sum du.
to the credit of the Nashville bank, having
at the time money on hand sufficient to pay
the debt, although it was in fact insolvent,
and made an assignment two days there
after. Held.-A payment of the note. First
Nat. Blk. of Nashville vs. MeClung and
others (Freeman j. dtssentiente.) Coope,
J.
Insurance Policy-C Construction A pol
icy Of insurance against fire ON the boiler,
engine, machinery, tools, &c of manufac
turing company, in a particular building i'll
which they were making furniture, provided
that it should become void if the premises
became unoccupied and so remain for more
than thirty days without the assent of the
company endorsed thereon: or if it be ,
manufacturing establishment = anC
shall cease to be operated without specia
agreement endorsed thereon.-Held, tina
the latter clause meant permanent cessa
ton of operations not temporary eeasine
occasioned by the prevalence of an epi
demic. Poss VS.. Western Assurance Co
Cooper J.
Taxes-when not a personal charge
Taxes assessed upon land cannot be recov eret
as a personal debt from one who subsequen
to the time the taxes became lien, purchas
burdened. Phnos VS.. Conner Freeman J.
Damages Breach of contrack.-An EN-
ploye who has been discharged without caus
before the expiration of his contract, ma,
sue upon the breach for damages even be
, fore the expiration of the time for whicl
the contract was made. Hawkins, Butt
Smith Co.. in error, vs.. Lea Freeman, J
Case cited and approved. e. T., Y. & Ga
Il. r., in error, VS.. Staub, Mss.
1. Taxation-Special levy by County
Under 1910 of the Code counties have the
right to levy, for the purpose of building
public bridges and causeways, special tar
greater than the State tax. N. & C. & St
Louis r. r. vs. Hodges, Trustee. 5 Lea
I'll, Modified.
2. Taxation-Exempt:on. the Ian.
guage in charter under which exemption
from taxation is claimed. is doubtful, the
benefit of the doubt must be given the
State. Tenn, Legal Rep. 26. approved
Idem. Turney, J.
Ilegitmate child-Binding Proceeding,
in the County Court to bind out an illegiti
mate childare invalid if taken without notice
to the parties having custody of the ch Id
Carter VS.. Hogan. Mcfarland j.
Contract Construction. particular
words or terms have meaning in any bust
ness different from their ordinary meaning
the fact may be proven by experts; bu.
where there are no such terms it is the duty
of the judge to construe the contract, and
it is error to admit parties 10 give opinions
as to its meaning. Morris d Hyatt VS.. Har
ris. Mcfarland, J.
Deed Construction Tenancy by cour
tery.-A deed to ''Leah NJ Thompson and
her children forever in fee simple for he,
and their use, and empowering her to con-
vey the same by deed, will or otherwise,
and her husband, Jesse Thompson, for hel
has the right to possess in her ma me during
his natural life," cuts off the marital right Of
the husband Thompson vs.. Tibbs. Nc
Farland, j.