Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-11-01
SUPREME COURT OPINIONS.
Reported for the CHRONICLE by L. TIL
man, Jr., September Term, 1851.


two days Sunday excepted) from the rendi-
ton of judgment, and then only upon bond
and surety being given, or the law being
otherwise complied with, and consequently,
| he has no power to extend the time for
granting the appeal or giving bond. Simp-
son VS.. Anderson-Mc Farland, J. Cases ar
proved Legal Reporter, 205-3 Lea, 2O7.
! Common Carrier oads-Regulations
as to Tickets Railroads have the right to
make regulation requiring passengers to
| purchase tickets before they could travel on
their trains, but before they can enforce the
same they must furnish the public with OPP
portunity of obtaining tickets by having an
office for the purpose and an agent to sell
them.
| Case arproved-5 Lea 124. e. r., Va. 4
Ca r. r. in error V. Weir. Mcfarland, J.
| Municipal corporations-Liability Of
A municipal corporation cannot lawfully cut
bitches and canals SO as to empty the water
from ponds in such a manner as to flood
private property without being liable in
damages. Burton vs. mayor and alderman
of Chattanooga. Freeman, J.
Railroad Companies-W will not ex-
cuse-Although collision might be avoided
by reversal of the engine, yet the en-
gineer is not bound to reverse, if by
so doing the lives of persons on the
train are endangered: but the fact that
reversal would be injurious or hurtful to the
machinery is no excuse for a non-compI-
ance with the statute e. T., Va. & GA. r.
r., in error, VS.. Selcer. Freeman, J.
l. Agreement for delay of action-when
binding.-f a creditor expressly agree,
upon sufficient consideration, to take no
step to collect his debt within given time,
he cannot maintain an attachment bill
thereon fled within the time.
2. Rents-Lien-Lease Of
Where, in lease of land for two years,
at stipulated rent for each year, lien for
the payment of the rent is given son the
present years crop, and lien on all the
crops grown on the place." the rent of the
first year as well as of the second year, will
be lien on the second years crop, and
may be enforced by attachment of the crop.
3. Attachment-Grounds for-Allega-
tion.-A charge that debtor hastily re-
moved his live stock to another State for
the purpose of hindering and delaying COM
plainant in the collection of his debts, is not
equivalent to the requirement of the statute
that he has removed, or is removing himself
or his property from the State.
| i. Practice--Relief under general prayer
"A Judgment creditor, who seeks primarily
to set aside a trust assignment by his debtor
as fraudulent, may upon the general prayer
for relief, have a foreclosure of the trust as
signment SO as to reach the surplus, if any
after the payment of the trust expenses and
debts Craigmiles VS.. Hays. Cooper, j.
Deed-ALortgage, when-A debtor with
two mortgages on his land to different cred
itors, conveyed the land to the junior lien
creditor, taking from him written agree
ment to reeonvey upon the payment of the
entire lien debts in two years, and a
lease of the land for those years at
an annual rent OF exactly the
interest called for by those debts, the consid-
Grafton recited in the absolute deed being
about one-half of the mortgage Indebtedness
at the expiration of the two years, and 8
part of that debt, no credits being entered
receipts given, or securities surrendered al
the time. Held-that the transaction con
stituted a mortgage, but mortgage for tn,
security of the entire lien debts. Blizzard
; u Gaut VS.. Craigmiles. Cooper, J.
Practice-Discontinuan discon
tlnuance of an action as to one or more o
l several defendants, by the failure to con
: tlnue the issuance of process from tern
to term until served upon them, does no
operate of itself to discontinue the &C
:. ton as to other parties properly summoned
and if the plaintiff declare alone agains
: the latter defendants it would be treated q
: as informal 7aolle 2oroseqai, and the VAR
) ance disregarded. Pollard VS.. Houston an
, others. Cooper, j.
L. Insolvent estate-Prior lien on assets
An agreement by the intestate in his ifetim
:, with an accommodation endorser that h
l. will, in consideration of the endorsement
l. pay the debt out of the proceeds of pa,
'. ticular note when collected, although in ps
t,.o1 o,o1 f11,ffn =
|, testate in writing, would be binding, an
h operate as an equitable appropriation of th
3. specific fund, which would not be affecte
IS by the death of the intestate and the inso
vency of his estate. McGuffey, admir- v
Johnson. Cooper, J.
Damages-Suit for-What plaintiff mu
Il, show.-In an action to recover damages fl
> the wrongful prosecution of an attachmel
Z. suit, the plaintiff must show that the su
y was decided in his favor, or at any rate th
o. . the attachment was dismissed. Sloan v
!, - MeCracken. Cooper, J.
D. D. Decree sustaining bill to set aside pr,
v. ceedings for fraud and Irregularities Fife
IL of.-Where the DEGREES and proceeding
> hereunder in an attachment suit have bee
IL set aside upon a bill filed for the purpos
charging fraud in suing out the attachmen
as well as irregularity in the proceeding
a and the property attached, has been restore
N. by a decree which makes no reservation
e.; favor of the attaching creditors, a bill W
P. not lie by those creditors to take up Il
hn original attachment suit at some point in
id progress, upon the theory that the procee
tt lngs up to that point were not express
" commanded by the decree.-Day, Griswo
S 4 Co. vs.. Walser.-Cooper, J.
n. Municipal Corporations. Expense of Ia
ing pavements may be recovered.-A M
nicipal corporation having provided by {
dinance that the owners of property shou
Lth lay down pavements along the same on t
di- streets, the corporation itself may, up'
rv- failure of the owner to comply, build t
pavement, and recover the expense there
3D. in an action of debt from the owno
ny White and others in error VS.. Mayor a
lse Aldermen of Chattanooga. Turney,
be Judgment-Statdte of limitations-Prs
~ tice.-If an execution issue upon a jud
'ei ment more than ten years after its rem
Ter ton, the same may be superseded a
DIV quashed, and the plaintiff in the executi
will not be allowed, upon the motion
quash, to present an issue for the purpc
Of showing the case taken out of the statr
of limitations. The issuance of an exec
rS' ton is not an dction to revive judgmel
at Cannon vs.. Layman-Turney, J.
on "
q Get Out Doors.
all The close confinement of all factory wol
Ter gives the operatives pallid faces, poor apl
RS. tite languid, miserable feelings, poor bloc
an inactive liver, kidneys and urinary troubl