Richland beacon., 1882-06-24

'c'o'ey VI IoSsess'o
plaintiff
Judgment amended by fe'Ill
vious payment, and as thus amended
affirmed.
A. We'll vs. 2odiag.-Where the parties
claim to have leased certain premises from
different agents Of the owner for The same
period Of time, il is incumbent on the one who
prets nds to hold the lease first made to prove
the agent, whom he dealt with, had authority
TO lease for the term that lie did lease: that
the lease was duly recorded, possibly even if
the other party had Knowledge Of the lease.
aud acted fraudu'ently with the owner or hi.
representative. The plaintiff herei, having
shown valid written lease. the judgment of
the lower court in his favor is affirmed.
State. ex. rel Boyd vs.. A. Green, clerk
The clerk Of a district court has no power, in
the absence o. the judge, to make decree
accepting the cession of an insolvcnt debtor
for the benefit c his creditors, and staying
proceedings against his person and property.
IL is power-a Judicial act equivalent to a
Judsment-which can be exercised by tie
Judge only. The Constitution did not authors
ize the legislature to confer on snch clerks the
power of rendering Judgments, and the lesis
lature has not done 90. Prohibition issued
and made perpetual.
A. W. Forbes VS.. NJ Layton and hus>
band.-Where q sale is made on credi, to a
married woman. Ui real estate for price ex-
ceeding by $4,000 the value of the properly,
and it is not shown that she administered her
separate estate and had means to invest,
ample enough to enable her to make the pur>
chase with a reasonable prospect Of paying
the price, the purchase must be considered a
-pecrl ,tian, and made for the benefit of the
com nuniiy, and the pecuniary liability for the
debt cannot be fastened upon her. Where, in
such case, the payment of the purchased
price was secured by mor!gsgs Q. p.cr...z e e
a ike -.i,- -s-ssss''s - 2 = y uy6
s-xs j. sns%ss .lEsn in con,rS yc-.
- f.:'ii0ilory law, TO secure deb, sr
which the husband or the commuGi'y
sponsible. Judgment affirmed.
ASSOCIATE JUSTICE pocHE.
State VS. Miles Taylor-The State has the
constitutional right 10 appeal in criminal cases
where the indictment ha been quashed be,
fore "A trial or held back " ION ,lernurre-, and
when it purpor,s to charge All u....--,>se pnnisi.
able with death or imprisonment at hard
labor. la such cases the Sta e is not ieGuired
TO furnish an appeal bond, as she canno, be
condemned to pay cOs,s.
A judgment Gnashing an Indictment on the
ground of the unconstitutionality OF the statute
under which the charge is brought when the
accused has not been tried as to his guilt or
innocence under the charge, will not he a bar
to subsequent prosecution Of the accused
under the same charge. Act No. 8 of the
extra session of 1870, entitled an net relative
10 crimes and ofienses, is not unc institutional.
Motion to quash Overrued anu formation
State VS.. Alec McNeely y-In..a trial on
charge Of murder the accused has the right to
show and prove threats of the deceased
against him, and the dangerous character of
the deceased, as evidence tending to rebut the
presumption of malice aud to mitigate the
Offense charged. Held: that after such evi-
dence had been introduced, the district judge
erred in givirg the following special charge :
That II you find the accused made the first
assault at the time Of the killing, then you
should disregard the evidence of previous
threats and of the dangerous character of the
deceased" Case remanded.
Heirs of Thos. Nesom VS.. JuliIs Wcis ei
ala sale Of suct ession properly, prayed for
| in order to pay the debts and to settle the
various claims against the estate, by the al.
ministra,or of a succession in which there are
minors, and ordered by the cour, for the pur-
pose Of paying the debts for the settlement OF
which the administrator has no available
funds. is sac to pay debts and is valid as
such.
Ii a, such sale the tutrix, being instructed =
a family meeting to purchase for the minors
properly to The extent of their interes:, buys
property which is adjudicaed to her personally
without reference to her capacity, the property
will be regarded as not to have been pur.
chased Tor the minors, even il the auctioneer's
return is signed by the tutrix in her capacity.
As the process verbal is evidence of the sale
its recitals must control, and not the signatures
Of parties, which are unnecessary in law, and
will in such a case be considered as surplus
age. Judgment reversed; plaintiffs demand
rejected, and action dismissed at plaintiffs
cost in both courts.
J. T. Kelly vs.. NJ Bernstein appeal
taken in a case. where plaintiff seeks to en-.
join retail merchant from selling drugs and
medicines within certain prescribed limit.
from plaintiff drug store and for damage.
in ,be sum of Sl75, does not involve an
amount sufficient to give jurisdiction to the
Supreme Court, and will be dismissed, il the
defendant WHO claims he has been dsnaee,
by plaintiff injunction does not allcse, ash
for and show damages exceeding $1,000.
ASSOCIATE JUSTICE TODD.
State vs. WEIGH and Webster -JuIgmen
affirmed.
State VS. Salone Bfannon Where the SEN
,ence Of the Judge quo condemned the sc