Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-30
sUPRENrR COURT DECISIONS.
Interesting Gases from Chatham
County.

interesting cases from Chatham county
which have just been published:
Miller ct al. vs. Guerard, trustee, ct al.
Refusal Of iDiunction-from Chatham.
Railroads. Stock. Estates.
JACKSON, G. j.
l. Where a will left certain railroad stock
in trust, providing that the income should
be paid to life tenant, with remainder
over, divtdends-whether in cash or in GER
tihcates OF Indebt9dness-sre q part of the
income, and go to the life tenant.
2. Dividends, whether in cash or bonds
or certificates Of Indebtedness, are the
natural increase Of stock, and not an sccu-
mutation OF the corpus; nor is this affected
by the fact that no dividends are declared
on the stock for some time, and when they
are declared the amount is unusually large.
Therefore such dividends belong to the life
tenant, and not to the remainder man.
Judgment affirmed
VIM. D. Harden, for plaintiffs in error;
q LaWton, w. s. Basinger, for defendants.
Williams VS.. State. Bigamy-from Chatham.
Criminal law. Witness. Husband and
wife. Public history. Evidence. Newly
discovered evidence. New trial.
JACKSON, G. j.
l. witness having been offered by the
State in bigamy case and objected to by
the defense on the ground that she was the
first wife OF the defendant, it was not error
to rule that this fact must be made to ap-
pear TO the court, and that so soon as il
should appear the testimony Of the witness
would be rejected
g The act of 1866 (Code sec. 1867 was
intended to put an end to the living in con-
cubinage Of persons of color, and 10 estab-
lish those marital relations between them
which their freedom permitted and moral
ity and law required. Therefore, II they
continued to live as man and wife on the
9th OF March, 1866, by virtue of that act
they became so without any formal cere-
mony.
g. The courts will take cognizance of a
public event like Shermsn's march to the
sea. and the time it occurred.
(a). If, however, it was material to prove
this, there was no error In reopening the
case and allowing the Solicitor General as a
witness to state the time Of such occurrence.
4. Newly discovered testimony OF q wit
ness who is incompetent to testify at all
cannot be a ground for new trial.
a. To make newly discovered evidence
ground for new trial, it must appear that
the movant did not know of it at the time
OF the trial and that his ignorance was not
the result of negligence.
.. The evidence supports the verdict.
Judgment affirmed.
j. Llwton Whatley, L. H. de Montmollin,
by brief, for plaintiff in error; W., w. Nc
Call, Solicitor General pro tenn, by brief,
for the State.
Kelly ct al. VS.. jackson. Certiorari-from
Chatham. Courts. Savannah.
JACKSON, G. j.
l. Where trial was had before Justice
under section 1885, 1890 of the Code on
Saturday, and on the following dav the
Judge Of the Superior Court left the county,
and petition for certiorari was at once sent
to him In the county to which he had gone,
and there sanctioned, it will not be dis
missed because not presented and allowed
within twenty four hours.
=. Though on petition for certiorari the
certificate Of the Justice states that all costs
have been paid and is silent as to bond, vet II
the bond itself, duly and properly executed
and approved by the Justice, be incorporated
In the record, the case will not be dismissed.
The courts provided for in sctions 1864,
1865 and 1890 of the Code are special courts
for the trial Of a particular class of cases
affecting seamen 10 the city of Savannah or
county OF Chatham. Whether presided over
by the Judge of the City Court or justice,
they retain their character as special courts
and do not become either a city court or
justice court; nor are the laws fixing the
terms OF those courts applicable thereto.
Judgment reversed.
l. IL. de Montmollln, by n. G. Cunning
ham, for plaintiffs in error; A. P. 81 s. B.
Adams for defendant,
Maekall, Jr., assignee, vs.. West ct al.
EQuity-from Chatham. Bills. Equity.
JACKSON, G. j.
l. Where bill sought to recover the value
OF goods from certain parties, by whom they
were being improperly converted and dis
posed OF, complainant (or his assienorl
b aving held mortgage thereon and assign
ed it TO some OF the defendants for a special
purpose, and also to have the mortgsgors
account to the complainant for the balance
OF the debt over and above the amount of
the mortgaged property, the bill is multi
farious.
2. a mere trespass furnishes no ground
for equitable relief, in the absence of in
solvency or other special reason therefor.
3 That discovery is prayed in a bill will
not give equity jurisdiction, where tq1ita-
bic discovery is in no Wsy necessary 10 an
assertion Of complainant's rights.
Judgment sfl1rmed.
n. c. Collier, W. G. Charlton for plaintiff
in error; Cunningham & Lawton for defend
ants.
Anderson VS.. Keller. Case-.rom McIn-
tosh. Evidence. Interrogatories. Wit
ness. Non suit. Malicious prosecution.
CRAWFORD, ].
l. In a suit fer malicious prosecution the
record OF the arrest, trial and discharge be-
fore the committing court, which form the
basis OF the suit, is admissible; but reasons
given by the magistrate for granting the
discharge are not admissible In evidence.
2. The interrogatories rejected in this case
were Objectionable as being leading, asking
the conclusions OF a witness, and seeking
secondary evidence.
g. Answers of a witness to interrogatories
cannot be used where the plaintiff was pres
ent at their execution.
4. In an action for malicious prosecution,
the absence OF probable cause an existence
OF malice are questions for the decision OF
the jury; the Judge should leave them to
pass upon those questions, and not do so
himself by granting a non-suit.
Judgment reversed.
W. A. Way, TOmpkins & Denmark, by s.
B Adams, for plaintiff in error; Lester &
Ravenel, by Chisholm & Erwin, for de-
PENDANT
Cape Fear Steamboat Company vs.. Barthel-
mess, Sheriff, ct al. Equity-from Chat.
ham. sheritfs. Executions. Levy and
sale. Fees.
CRAWFORD, j.
l. When the Sheriff seizes properly under
a Fl. IA, If he turns 1t over to the defendant
to keep, he does so at his peril; and this
applies as well to mortgage fl ia. as to a
d. ia. founded on general judgment.
2. In such case the Sheriff is not entitled
to fees for watching and guarding the prop
ertY until the sale, and hence cannot trans
fer any right to such fees to defendant in
fl. ia.
3. II the defendant in caring for such
property has incurred necessary expenses,
without making any prcft, equity will al,
low him such actual expenses; but It will
not allow him more on the ground that the
fees OF the Sheriff, had he held possession,
would have been mere.
(s). Even If equity would ordinarily allow
such fees, it will not do so where the prop
erty sells for much less than the amount of |
The f. ia. In that event 1t will apply the
lees so acquired as a credit on the q. IA.
judgment reversed.
Jackson, Lawton and Basiuger, for plain |
Tiff in error; Chisholm & Erwin, A. P. & |
). B. Adams, for defendants.
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An Alarming Spread of Small POx,