Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-31
surnRarR cOuRT OE0tsfoNs.
Interesting Gases from Chatham
County.

Torrent vs. Suffer. Motion to establish E.
fa-from City Court Of Savannah. Juris-
dletion. Executions. Judgments. Pre-
symptoms.
SPEER, J.
l. The City Court Of Savannah may ef-
tablish a COPY of lost Il. fa. issuing there
from upon proceedings similar to those had
IN the Superior Court for like purpose.
2 No time for service of a proceeding to
establish a lost f. ia. is prescribed, no ser
vice at ali being specifically provided for by
the Code.
Ia The service in this case having been
one day before the hearing, the court hav-
ing stated that If the respondent was not
prepared he would grant further time, and
no lime having been asked for, motion to
dismiss for want of sufficient service was
properly overruled.
3. Where suit was brought prior 10 the
constitution OF 1877 on an open account, a
judgment by default entered by the court In
the following terms was sufficient "Judg-
ment Of plaintiff VS. defendants for $167 %,
with interest from July l, 1871, and costs OF
suit" signed by the Judge. While not
strictly regular, such an award was not IL
valid
Judgment affirmed.
Garrard Il Meldrim for plaintiff in error;
r. R. Richards for defendant.
Johnston ct al. VS.. Duncan. Equiiy-from
Chatham. Administrators ana executors.
Bills. Dover. Parties.
SPEER, j.
l. The allegations of this bill make
proper case for equitable relief.
(a) Courts Of equity have concurrent
jurisdiction with courts OF law over the set
Element OF the accounts of an sdministra or.
2. Where s widow IS put upon her cleo
ton between dover and certain legacies in
lieu thereof, a suit for the legacies is a sub
stantial election to take them.
(a) Where there had been no inventory
Of the estate, and the executors refused 10
give the widow inform ton concerning II,
so that she was ignorant Of its condition,
| she could file her bill to recover the lege-
cies, eec'iDg to take them In lieu % dover
on condition that she received them, but
| otherwise reserving her right to dover.
| She would not be forced to make an absO-
| lutte election IN ignorance.
When a surviving partner was also one
| Of the executors OF the estate of his de-
| ceased partner, aud as such misapplied
| funds OF the estate, paving off firm debts
with assets OF the decendent, aud other
| wise mismaEaging the estate aud where he
resigned his trus-, and another one Of the
executors named in the VIII took charge Of
| the estate (taking out letters OF administra-
tion), and the two combined to prevent the
widow from receiving certain legacies left
to her in lieu of dover, or from acquiring
such Information as to guide her in electing
| between such legacies and dover, a bill
would lie to compel an accounting between
the former executor and his successor, and
! between the later and her; and uch bill
would not be demurrable as multifaFious
or for his misi0inder OF parties.
| Judgment affirmed.
| Garrard q Meldrim, by s. B. Adams,
! Chisholm 81 Erwin, for plaintiffs In error;
W. s. B4sirger, A. r. L2wton, Henry R.
Jackson, for defendant
Pausch VS.. Guerard ct 81. Trespass. from
City Court of Savannah. Practice in Su-
preme Court. Damages. Officers, con-
| stables, landlord and tenant laws, Savan-
nah.
| JACKSON, c. j.
l. Where in an action OF trespass yer
| diet was rendered for the defendants, and
| pending a motion for new trial one OF them
| died. but the action could proceed against
| the others without the decedent, it was not
necessary to delay the cause and have rep
| resentati0n on her estate; and bill Of ex
! ceptlon to the overriding OF the motion for
a new trial will not be dismissed because
| the living defendants only were served.
2 In an action of trespass if the plaintiff
makes out case for recovery except the
! proving Of actual damages, he will be enti-
! led to nominal damages.
3 A constable Of the county of Chatham
residing and having his place of business
within the city Of Savannah, is q cOnstsb BILE
! Of that city, aud may execute warrant to
! Gispossess a tenant holding over directed to
"the Sheriff of the City Court OF Savannah
or anv lawful constable OF said city"
4 A ground Of error abandoned in this
count will not De considered
s. II the tenant agreed to make no opp0-
sition to a lease by his landlord Of the
premises which he occupied to another ten
ant for term OF years, and the landlord
| acted on that agreement, the tenant is
| estOppsd from suing the landlord or his
agent Tor dispOssessing him more than
month thereafter, In order to put the new
! tenant In possession.
Where an officer executing q warrant
| to dispossess tenant refuses to receive a
bond 'endered to him in support Of coun-
! ter affidavit, the presumption is in his favor.
| and to render him liable for such refusal It
| must appear that the bond was in substan-
! tial compliance with the law. aud that the
surety was solvent and responsible.
! E. II the bond was not good, Il Is imma-
! terial whether it was rendered In time or
! not.
/. II 8 constable executing a warrant to
| dispossess a tenant holding over turned him
| out Of possession before the expiration Of
! the time allowed by law, he was liable as a
trespasser, and the principle or superior
agent under whose instructions he acted was
! likewise liable.
g. While ordinarily general law does rot
repeal prior local law, unless the latter be
| specially named or necessarily embraced IN
the terms used, yet where it is apparent
! from the act itself and the constitution Of
the State that It was intended to embrace
the local law, the latter will be held to be
modified or repealed thereby.
! (a.) The old law providing for immediate
| disposs ssion of a tenant holding over In the
| city OF Savannah, and having been construed
so as to allow twenty four hours as re9-
| sOnable time to prepare a counter affidavit
and bond the act Of 1873 providing for the
! allowance OF three days for a like purpose
| in proceedings 10 dispossess tenants "under
| existing laws :" and the constitution having
| declared that there shall be uniformity of
procedure in courts OF the same grade, the
! local law is therefore held to be repealed by
| the subsequent general law.
| judgment reversed.
H. Everitt, r r Richards for plaintiff
in error; A. P & s. B. Adams for defend
| ants.
Annoyance Avoided.
Gray hairs are honorable, but their pre-