Volume 11 — Alabama Reports

Writ of error to the Court of Chancery for the fourteenth district. The case made by the bill is this: About the first of August, 1836, the complainant, Pinkard, sold to the defendant, Ingersol, and one Underwood, twenty-eight slaves, for which the purchasers executed their notes at one, two and three years’ date. The notes were not paid at maturity, and on the one first due, Underwood was sued in Georgia, and all the amount collected except $2362.

The bill was filed by the defendant in error, widow of Benjamin Smith, to obtain dower in certain lands situate in Talladega. The bill alledges the marriage of herself and husband in South Carolina. The removal to this State by her husband, bringing her and the children of the marriage, with him.

Writ of error to the Circuit Court of Tuskaloosa. This was an action of assumpsit at the suit of the plaintiff in error.

Writ of Error to the Orphans’ Court of Madison. The case made by the record is this: Some time in the year 1827, Nancy Graves died in Madison county, having made a will, which was there afterwards admitted to probate, and the defendant, Pettus, named and qualified as executor. By this will, the testatrix gave to the petitioners, by the name of the children and heirs of Susan Lang, certain slaves, which came to the possession of the defendant as executor.

Clair. The will of William Watson being offered for probate by the plaintiff in error, it was contested by the defendants in error, heirs at law of the deceased, who alledged the incapacity of the deceased to make a valid testament, by reason of insanity, and imbecility of mind; and an issue was made up between the parties, and submitted to a jury.

On points reserved, from the Circuit court of Dale. The defendant was indicted at the spring term of the circuit court diolden in the year 1845. for unlawfully and verbally giving a challenge to one J. Hosea Calloway, to fight in single combat with a deadly weapon, &c. The indictment was traversed, and the issue submitted to a jury, who returned a verdict of guilty, whereupon the defendant was sentenced to imprisonment in the penitentiary for the term of two years.

Writ of Error to the Orphans’ Court of Lauderdale. The errors complained of in this cause are supposed to arise out of the decree of the orphans’ court, in the matter of an annual settlement of the estate of Samuel Savage, had before-said court, in 1846, by Benham, the administrator with the-will annexed.

The prisoner was indicted for an attempt to poison, by an indictment as follows: The grand jurors for the State of Alabama, empanneled, sworn and charged, &c., upon their oaths present, that Clarissa, the property of, &c., on, &c., feloniously and wilfully did administer to, and cause to be administered to, and taken, by one Nelson' Parsons, and one Hezekiah Bussey, then and there, being free white persons, a large quantity of a certain noxious, and destructive thing, called…

This was an action of ejectment at the suit of the plaintiff in error, for the recovery of land thus described in the declaration, viz: “ All that certain lot of ground covered with water, together with the wharf thereon erected, and the dock thereupon, with all the water privileges thereto appertaining, situate, lying and being in the city of Mobile, and county of Mobile, in front of, and east of St. Louis street, and between Commerce street and Mobile river, bounded on the…

Assumpsit by Brown against Hale and others, as the administrators of William C. Woods. The declaration counts on a note made by the intestate on the 29th June, 1840, for $2221, payable one day after date to the plaintiff, or bearer, and also to recover $3000, alleged to be due for work and labor, &c. The defendants pleaded non assumpsit, set-off, statute of non-claim, statute of limitations, and other pleas. The suit was commenced the 26th of June, 1842.

Action on the case against the defendant in error, sheriff of Sumter county, for failing to make a sufficient levy, in a suit commenced by attachment, by the plaintiffs in error, against one Caleb B. Greenwood.

Writ of Error to the Circuit Court of Clarke. This was an action of debt at the suit of Portis, Judge of the county court of Clarke, for the use of Henry P. Brown, upon a bond executed by Dean, as administrator of the estate of Richard Hopkins, deceased, and his co-defendants as sureties, for the performance of his duties. The cause was tried by a jury, on an issue which threw upon the plaintiff the burthen of proving the breach of the condition as alledged.

Writ of Error to the Circuit Court of Perry. Cross was sued by Worrall before a justice of the peace, and being cast, appealed to the circuit court, where the cause was tried de novo, but with a similar result. At the trial, it appeared that Cross, about December, 1845, let Worrall have a mule to keep for its feed, until the fall of the next year. The mule was an estray, taken up by one Whitman, for whom Cross was attending a mill.

The bill was originally filed on behalf of the defendant in error, an infant. The case made by the original, amended and supplemental bills, may be thus briefly stated: David Calhoun, the father of complainant, died in Franklin county, Georgia, some time in 1826, leaving a widow, and two sons, the complainant and his brother John C., and a considerable property in land, slaves, and other property, and unembarrassed, or owing but little.

Writ of Error to the Orphans’ Court of Macon. This was a proceeding by notice and motion against the defendant in error for failing to return a writ of fieri facias placed in his hands, as the sheriff of Montgomery.

Writ of Error to the Circuit Court of Tuskaloosa. This is a proceeding by sci. fa. at the suit of Wilkinson against Mary L. Allen as executrix, and J. N. Allen as devi-see, of W. B. Allen, to have execution against the lands devised in satisfaction of a judgment recovered against Allen in his lifetime.

JError to the Circuit Court of Marion. Debt by the plaintiff in error, commenced by process of •attachment. Pleas, nil debit, and the statutes of limitation of three and six years.

Writ of Error to the Circuit Court of Bibb. This was an action for slander at the suit of defendant in error.

Writ of Error to the Orphans’ Court of Limestone. Petty, as the administrator of the estate of Mildred Petty, was cited by the judge of the orphans court of Limestone ■county, at the instance of Wafford, in right of his wife, one of the heirs of said Mildred Petty, to appear and show cause why a final settlement of his administration should not be made. The citation is returnable to the 2d Monday of February, 1845.

Detinue by Elbert H. Thompson, against Molly Tenable, for a female slave named Lucinda.

Writ of Error to the Circuit Court of Pickens. This was a motion for judgment at the suit of the plaintiff in error against Wm. Castles as a justice of the peace, and his co-defendants as his sureties, in an official bond, -for the sum of $32 04, the balance due on a promissory note collected by him in his official character, with ten per cent, damages per month from the 28th February, 1842, the day on which a demand was made.

Writ of Error to the Circuit Court of Greene. William R. Hamlet was summoned by garnishee process-as the debtor of John L. Hatter, in an attachment at the suit of Priscilla Hatter, and at the September term, 1839, appeared and answered that he was indebted to the defendant in attachment, in the sum of $650, by note, due 1st January, 1841.

Clair. Debt on promissory note, by the defendants in error, against Edward L. Givens, Hugh L. Givens, and William T. Givens. An agreement was entered into between the parties, that any matter which, the defendants could jointly or severally plead in bar of the action, should be considered as pleaded, and the proper replications be considered as filed by the plaintiff.

The defendant moved the affirmance of a judgment which it had recovered against the plaintiffs, in the circuit court of Tuscaloosa, and produced a certificate in the form required by the statute, save only that it stated, the writ of error was returnable “ on the first Monday in January next,” succeeding the day when it was sued out.

Writ of Error to the Circuit Court of Perry. Motion made by the clerk of the supreme court, in the name of Glover for his use, against Chandler as the sheriff of Perry county and others as his sureties, for his failing to return a certain execution for costs issued from the supreme court. The parties appeared to the motion, and Chandler pleaded — 1. That he was not guilty of failing to return said 'execution, as alledged in the notice. 2.

Trespass vi et arniis by the plaintiff, against the defendant in error, for taking and carrying away a yoke of oxen, an ox cart, bed and furniture, and other household utensils. The defendant by plea, justified under certain writs of attachment which came to his hands as an officer, and which he levied upon the property.

Writ of Error to the Circuit Court of Monroe. The defendant in error recovered a judgment against the plaintiff before a justice of the peace, for $26 42, from which the latter appealed to the circuit court. A short time previous to the sitting of the court to which the appeal was returnable, the appellant paid the amount of the judgment to the justice, who at the same time claimed fifteen per cent. ' damages thereon, but the appellant refused to pay it.

Writ of Error to the Court of Chancery for the thirty-second District. The bill in this cause is filed by Catherine Kavenaugh, by-her next friend, against the administrators of John Connally, deceased, and its object is, to have her portion, as one of the distributees of the estate, settled to her sole and separate use, and protected against the apparent right of her husband, who with the other distributees of the estate, are made parties defendant to the bill.

Trespass vi et armis by the defendant, against the plaintiff in error, for forcibly taking six slaves out of his possession; viz., Mike, Candice, Leah, Adeline, Harriet and Margaret. The declaration charges, the forcible taking of the slaves from the possession of one Miller, to whom they had been hired as the property of the estate of John C. Calhoun, of which the plaintiff was administrator. The defendant pleaded — 1. Not guilty. 2.

Writ of Error to the Circuit Court of Tuscaloosa. This was a suit instituted by notice and motion under the act incorporating the bank to recover the amount of a bill of exchange for $5,000, with damages and interest.

Writ of Error to the Court of Chancery for the thirty-second district. Martin is the complainant in this bill, and by it he alledges that on the 17th December, 1841, he sold and delivered to the defendant, Clopton, a certain slave, for the price of $700. That the sale and delivery was made without any warranty as to the health and soundness of the slave, and so accepted by the purchaser. Some years previous to the sale, the slave had been afflicted with spasms or fits.

Action on the case by the defendant against the plaintiff in error. The declaration contains two counts— 1. After the formal part, “ For that whereas, heretofore, to wit, &c. on, &c., the said plaintiff, was lawfully possessed of a large amount of funds, and effects, consisting of gold and silver coin, bank bills, &c., of great value, to wit, of the value of $2,000,000, as, and for, the capital stock of said plaintiff, as a body corporate, duly created.

<p>1. The commencement and continued prosecution of a suit, within eighteen months from the grant of letters testamentary, is a presentation of a claim against the estate of the deceased, within the meaning of the statute.</p>

Writ of Error to the Circuit Court of Lawrence. Detinue, by Dealing against Windham, to recover certain slaves. At the trial, the plaintiff made title to the slaves sued for, through a mortgage executed to him by one Jackson, on the 24th October, 1840.

The bill was filed by the plaintiffs in error, judgment creditors of John S. Green. It charges that whilst the suits were pending in Hancock county, Georgia, in the year 1828, John S. Green left Hancock county clandestinely, and came to Alabama, bringing with him a number of slaves and other personal property then belonging to him.

This was an action commenced by attachment, on which the sheriff returned, c insisted that the plea presented no issuable fact, that it was no answer to the action to say. that the property levied on by the attachment belonged to a stranger. The plea is further defective in its conclusion. [Storyüs PI. 75, 76; 1 Chit. PI. 386 to 402; 3 Id. 895, and notes; 2 Hen. & Munf. Rep. 308.] 1.

Writ of Error to the Circuit Court of Tuskaloosa. Assumpsit by Clements as the indorsee of a bill of exchange against Wooley as the second indorser. The bill is described as dated the 23d of February, 1844, payable twelve months after date, and negotiable and payable at the Bank of the State of Alabama. At the trial, it appeared in evidence that the 23d day of February, 1845, was Sunday, and the bill was protested for non-payment on the 26th of the same month.

This suit was commenced by motion. On the 14th July 1841, a notice was issued by the President of the Bank, as follows : To Edward B. Colgin, William R. Colgin, and John Col-gin — You are hereby notified, that the President and Directors of the Bank of the State of Alabama, will, by their attorney, move the circuit court to be held for the county of Tuscaloosa, at the court house of said county, on the third Monday of September next, for judgment against you on a note due…

Writ of Error to the Circuit Court of Mobile. This was an action of assumpsit, by the defendant in error) as executor, &c. of Catherine Swanson, deceased.

Writ of Error to the Circuit Court of Tuscaloosa. TROVER, by Gray against Kyle, to recover damages for the conversion of a horse. At the trial, it was proved that the horse was sold by the plaintiff to one Keziah, on the condition that the latter should pay $40, part in iron and part in money. Keziah took the horse in possession under this contract, and paid $18 in iron but the plaintiff reserved to himself a lien until the purchase money should be paid.

The bill was filed by the plaintiff in error, and alledges, that in the year 1837, having three slaves, a woman and two children, conveyed in trust to secure a debt to one Pruitt, and which were about being sold, the defendant in error advanced the sum for which the slaves were conveyed, and agreed to receive the services of the slaves as an equivalent for the use of the money.

Writ of Error to the Circuit Court of Autauga. This was an action of trespass to try titles to, and to. recover damages for the detention of a tract of land particularly described in the indorsement on the writ and in the declaration.

Writ of Error to the Circuit Court of Madison. These proceedings originated in the court of the commissioners of roads and revenue for Madison county, in which Hancock petitioned to change the road known as Wade and Powell’s. The court acted on the petition, and made an order to change the road.

The defendants in error produced a paper, which they al-ledge to be the last will of Philip Noland, which they petitioned the court to admit to probate. This was contested by the plaintiff in error, and an issue being made, and submitted to a jury, they found in favor of the petitioners, and thereupon the will was admitted to probate.

Writ of Error to the Circuit Court of St. Clair. This was an action of trespass to try titles, &c. to certain tracts of land, particularly described in the indorsement on the writ' and in the declaration.

Assumpsit, by Jeter against Gilder, on a promissory jiote made by him and McHenry & Co. dated 1st June, 1838, and payable on the 1st January, 1839. At the trial, there was evidence conducing to show, that McHenry & Co. were the principal debtors, and Gilder their surety.

Assumpsit by the defendant, against the plaintiff in error. The declaration alledges, that the testator of defendant, was indebted to the plaintiff, in his lifetime, in the sum of $832, for money had and received before that time by him, for the plaintiff’s use, and being so indebted, undertook, and promised, &c., and concluding with'the common breach, without alledging any promise by the executor. The defendant pleaded — 1. Non-assumpsit. 2.

<p>1. Where an administrator has paid to the guardian of a distributee of the intestate’s estate, an amount of money beyond the distributive share, the former, although he has made a final settlement of his accounts with the orphans’ court, may maintain an action in his own name against the guardian for the excess paid him; and the latter may retain from the funds of the ward, for his reimbursement — the orphans’ court not being authorized to allow the administrator a credit for the overpayment, he is personally chargeable with it: and may therefore recover it back.</p> <p>2. The distinction in a judgment against a guardian, that it be levied of the goods and chattels, &c. of the ward in his hands, &c., is a mere clerical misprision, amendable on motion in the primary court, or in the supreme court at the costs of the plaintiff in error.</p>

Writ of Error to the Circuit Court of Pickens. Debt, by Robinson against Curry & Haynee. The de-fence relied on at the trial was, the plaintiff had ratified certain proceedings of an attorney at law, intrusted with the note sued on, by which these defendants were discharged.

An execution having issued in favor of the defendant in error, against Moses K. Speight, and others, which was levied on sundry slaves, and amongst others on one by the name of Bob, the plaintiff in error, who was not a party to the execution, moved the court for leave to the sheriff to amend his return, so as to show that Bob was not levied on as the property of any defendant in the execution, but of the plaintiff in error, and moved the court to set aside the levy, as…

Writ of Error to the Circuit Court of Barbour. This was an action of assumpsit at the suit of the defendant in error as indorsee, against the plaintiff in error as indor-ser of a promissory note dated at Macon, 27th March, 1838, “ payable at either of the banks in Macon,” eight months after date. A judgment by default was rendered against the defendant below. cited Minor’s Rep. b, 77, 125; 1 Stew. Rep. 412; 1 Stew. & Por.

Writ of Error to the Circuit Court of Perry. McGehee was summoned as garnishee, as the debtor of one Falls, at the suit of Walke, and having denied any indebtedness, the plaintiff made the requisite oath to contest this fact, and afterwards an issue was made between these parties, in which the plaintiff asserted that McGehee, at the time of the service of garnishment was indebted to Falls.

Writ of Error to the Circuit Court of Talladega. Assumpsit by 'the defendant, against the plaintiff in error. After the return of the writ, the plaintiff, by his agent, made oath, that the defendant was about to remove his property out of the State, and prayed an ancillary attachment, which issued and was levied on some slaves.

Writ of Error to the Circuit Court of Morgan. This was a proceeding by notice and motion under the statute, at the suit of the plaintiff, against the defendant as the second indorser of a bill drawn in this State and payable in New Orleans. The cause was tried upon the plea of non assumpsit, a verdict returned for the defendant, and judgment rendered thereon.

The prisoner was indicted for the crime of incest, and convicted at the spring term, 1846.

Debt by the defendant, against the plaintiff in error, on his official bond, as executor of Yincent Jones, for the use of Joseph Ellison.

The defendants in error, who are some ten or fifteen individuals, and four corporations or their assignees, filed their bill, setting forth that the Orange or Poplar Grove tract of land in the city of Mobile, which originally contained about two hundred and sixty-three acres, was in the spring of 1835, conveyed by its then proprietors to Thomas W. McCoy, James Magee and Calvin Norris in trust.

Writ of Error from the Circuit Court of Jefferson. The action is trespass qu. fre. to try titles to a tract of land described in the declaration. At the trial, both parties deduced title from the same source, one Tannehill. The plaintiff, Powell, showed a judgment in the circuit court of Blount, rendered in 1839 against Tannehill, and a sale by virtue of an execution thereon, as well as the sheriff’s deed, executed 5th November, 1845.

Detinue for a deed, conveying land. The declaration states, the plaintiffs, as deacons of the Baptist church, established, at Bethel meeting house, and successors, as such deacons, of Castleton Lyon, John Yerby, and Wiley McGee, formerly deacons and trustees of said church, complain of John Yerby, &c. — for that the said plaintiffs, on the 24th April, 1845, at, &c., delivered to the defendant, a certain deed, to wit, &c. (describing the land therein conveyed,) which…

Writ of Error to the Court of Chancery sitting at Mont-, gomery.

Writ of Error to the Circuit Court of Sumter. Assumpsit, by McClure against Litchfield, on promissory notes.

Suit commenced by attachment, against the intestate of the defendant in error. Held: on account of the absence of the judge, and that the plea was filed at the next court held for the county, the court overruled the objection to the plea, and permitted it to be filed,' The plaintiff then replied, setting out the facts shown upon the minutes of the court, of the appearance by attorney of the parties, and the refusal…

Writ of Error to the County Court of Randolph. This was an action at the suit of the ward by her guardians, Ann D. Williamson and Robert M. Williamson. The first count in the declaration is upon a note payable to Ann D. Bryan, guardian of the ward ; the second upon a note of the same date, and amount, payable to A. D. W. and R. M. W.; the third a common count for money had and received by the defendant, alledging a liability to the plaintiff.

Writ of Error to the Circuit Court of Talladega. TROvee by Mahone against Reeves, for the coversion of a horse. At the trial, the following state of facts was proved by the plaintiff, to wit: On the 14th October, 1845, the plaintiff was at the house of one Jackson, in Talladega county, and was there detained several days by indisposition.

Assumpsit by plaintiff on promissory note for $700, due 1st March, 1839. Upon the trial, as appears from a bill of exceptions, the defendants introduced an affidavit and interrogatories, propounded to the plaintiff, with his answers thereto.

The facts of this case are these: At the term of the county court of Tuscaloosa, holden in July 1841, the plaintiff in error, by notice and motion, recovered a judgment against the defendant, upon the allegation that he had paid money for him as a surety; an execution was issued upon this judgment, and placed in the hands .of the sheriff of Tuscaloosa, which, on the 29th September, 1841, was levied on a negro boy, as the property of the defendant, to whom Moses Hendrix…

Writ of Error to the Circuit Court of Talladega. Trespass de bonis aspertatis, by Cox, against Easley, J. A. and E. A. Givens. The defendants pleaded not guilty, and by agreement were to be allowed to give any matter in evidence which could be specially pleaded.

Assumpsit by the defendant in error, as indorsee, against the plaintiff as acceptor of a bill of exchange. Upon the trial, the plaintiff produced the bill described in the declaration, accepted by Child, Hibler & Pearson, and proved, that the latter was a member of the firm, doing business in Mobile as commission merchants, at the time of the acceptance, and that some commission merchants were there in the habit of accepting bills for their customers.

Writ of Error to the Circuit Court of Perry. This was an action of assumpsit at the suit of the defendant in error. The cause was tried by a jury, who returned a verdict for the plaintifF, on which judgment was rendered.

Writ of Error to the County Court of Butler. Assumpsit in the name of Snell, for the use of Watkins Salter. The defendant pleaded — 1. Non assumpsit; and 2. A special plea; asserting the actual ownership and interest in the note sued on to be in John G. Salter, and alledging his indebtedness to the defendant, by means of a note made to Caley and Stewart, and by them indorsed.

Assumpsit by the plaintiff, against the defendant in error, on a promissory note for $225, dated 25th April, 1837, and due nine months after date.

Writ of Error to the Court of Chancery for Dallas county. The plaintiff, Mrs. Catherine Hoot, by her next friend, Julius Sneed, filed her bill, setting forth that her husband sold to John Shields, in February, 1838, certain lands situated in Dallas, in which she was entitled to a right of dower, and which she was unwilling to relinquish, unless an equiválent was given her therefor; that it was thereupon agreed between Shields, her husband, and herself, if she would…

Writ of Error to the Circuit Court of Montgomery. Supersedeas sued out by Boyd upon a petition asserting that a certain execution issued at the suit of the Bank against Gilchrist and others, was irregular, inasmuch as the judgment had been fully paid and satisfied to the Bank, and that a former execution issued thereon had been returned by the sheriff of Macon in these words: “ Case arranged in Bank as per instructions.

Writ of Error to the County Court of Lowndes. Suit by the plaintiff in error, against the defendant on a stray bond. Upon the trial, as appears from the bill of exceptions, it was in evidence, that three steers had been taken up by the defendant, as strays, about the 8th November, 1838, which were appraised to $20 each, and that the bond in suit was .taken from the defendant by a justice of the peace, and returned to the office of the clerk of the county court.

Writ of Error to the Court of Chancery sitting at Livings’ ton.

Writ of Error to the Circuit Court of St. Clair. This is stated in the agreed case, submitted for the decision of the circuit court, to be an application for directions, &c. as to the application of moneys in the hands of the sheriff. The judgment entry recites the appearance of the parties by their attorneys, and their submission to the court of an agreed state of facts, on which they prayed the judgment of the court.

Tbespass vi et armis, by the defendant in error, against the plaintiffs in error, and one McKain, a constable, as to whom the cause was discontinued. Upon the trial of the cause, as appears by a bill of exceptions, it was proved that the property described in the declaration was levied upon and sold by McKain, a constable, by virtue of an execution from a justice’s court, by order of the defendants, upon a judgment obtained against plaintiff’s intestate, in his life.

insisted, that the statutes requiring a non-resident plaintiff to give security for the costs of suit, did not apply to the plaintiff in execution in a proceeding under the statute for the trial of the right of property; that such a proceeding is neither a suit at law, or in equity, but intended to render unnecessary a resort to an action.

Writ of Error to the Court of Chancery for the Eleventh District.

Writ of Error to the Circuit Court of Tallapoosa. This proceeding was commenced before a justice of the peace by the defendant in error, when he obtained judgment, and the cause was carried by appeal to the county court, and afterwards transferred to the circuit court.

Writ of Error to the Circuit Court of Perry. This was an action of detinue at the suit of the defendant in error. The cause was tried on the general issue and a Verdict and judgment rendered for the plaintiff.

Writ of Error to the Orphans’ Court of Henry. „ The proceedings of the orphans’ court connected with the questions raised by the assignments of error, may be thus stated: On the 3d March, 1845, the court made an order appointing Knight guardian of Josiah A. Cawthorne, reciting as the cause for doing so, that Speight, the former guardian, had removed out of the State.

This proceeding commenced by notice against one May, a constable, and Joseph Coker, Thomas L. Best, and Solomon Spence, his sureties, for failing to return an execution in favor of the plaintiff in error, against one Elliott, and judgment being rendered thereon, in favor of the plaintiff against the sureties, they prosecuted an appeal to the circuit court. The sureties appeared in the circuit court, and pleaded— 1.Taking issue upon the allegations of the notice. 2.

Writ of Error from the Circuit Court of Sumter. The plaintiff in error having recovered a judgment against the Gainesville and Narkeetah Rail Road Company, a corporation, made the affidavit required by the statute, and caused the defendant to be summoned as a garnishee.

Writ of Error to the Circuit Court of Barbour. Assumpsit by Bigelow & Co. as the payees of a bill of exchange drawn by DeWitt on, and accepted by McCullum& Dorsey, and protested for non-payment. The cause was once continued by the plaintiff, on payment of costs of the term. Afterwards a general judgment for costs was rendered against the defendant on the verdict.

Teial of right of property, between the defendant in error as claimant, and the plaintiff in error as plaintiff, in an execution against John A. Wicker, which was levied on a negro man named Bob.

Writ of Error to the County Court of Pike. This was an action of assumpsit on a promissory note of the following tenor: “ One day after date, I promise to pay Philip Herrington, or bearer, two hundred and thirty-one dollars and fifty-seven cents, for work done on a saw and grist mill, and waste way. Oct. 13th, 1845.” The cause was tried on the pleas of non assumpsit and “ failure of consideration;” a verdict was returned for the plaintiff, and judgment was thereon rendered.

Writ of Error to the Circuit Court of Macon. Debt by Walton on an ancillary attachment bond executed' by the defendants, McCullough, Knox and Welsh.

1. The court erred in taking the ground that the plaintiff in error must look to the administrator for the tuition of Mrs. Russell’s son. An administrator is not bound for the support or education of the infant children of his intestate. [Kent v. Stiles, 1 Penn. 358; Brewster v. Brewster, 8 Mass. 131.] 2.

Writ of Error to the Court of Chancery sitting The case stated in the original and amended b| thus condensed: The defendant, Harrison, intern* the daughter of the complainant in 1831, in Kf county, Virginia — all the parties at that time residikgjn that State.

Writ of Error to the Circuit Court of Montgomery. Armstíiong was summoned by garnishee process as the debtor of one Abercrombie, against whom Dargan & Mays, for the use of one Earle, had recovered a judgment, and failing to appear and answer in accordance with the summons, a judgment ni si was rendered against him for the amount of the judgment debt.

Clair. Motion for judgmant nunc pro tunc. From the record it appears, that on the 13th March, 1839, a writ issued to take the bodies of Jesse A. Collins, and John Collins, merchants and partners, using the style J. °A. Collins & Co., to answer Robert Hyslop, and William Irving Hyslop, merchants and partners, using the name and style of Robert Hyslop & Son, in a plea of trespass on the case, &c. Indorsed on the writ is an acknowledgment by both defendants, of service of the…

Writ of Error to the Court of Chancery sitting in Barbour county.

Writ of Error to the Circuit Court of Sumter. Tbespass by Colgin against Gary for taking and converting several slaves. At the trial of this cause in the county court, (it being there brought,) the plaintiff made title to the slaves in controversy under a deed in trust executed by Edward B. Colgin to the plaintiff, for the benefit of certain creditors therein named. The defendant endeavored to justify under a fi. fa. in favor of Kissam & Co. v. Allen P. Binns.

Upon the- final settlement of the estate, the administrator presented as a credit, a claim against the estate of $400, for board and provisions furnished the widow and her family, an account for money paid for, pork, corn and bacon, and an account for $35, articles purchased by the widow at the sale.

Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit at the suit of the defendant in error, as the assignee of a promissory note, made by the intestate and one Drury Sawyer, (who is not sued,) on the 25th April, 1838, for the payment of the sum of $800 to Robert C. Wilson on the 25th December, 1838. The cause was tried on the pleas of non-assumpsit, payment, and set-oif.

Writ of Error to the Circuit Court of Tallapoosa. Assumpsit, by Ragan, against Ulrick, Scott, Hopper, and Reidler, as partners, under the firm of G. N. Ulrick & Co. One count of the declaration sets out that the defendants by a certain contract in writing, agreed with the plaintiff, that if he should execute certain work in a certain manner, they would pay him a certain price.

The bill was filed by the plaintiff in error, and states, itn substance, that T. & W. Dothard recovered before a justice' of the peace of Randolph county, four judgments for $50 each, against one Weir, and one Adrian, from which an appeal was prayed by Weir, to the next county court of Randolph, and a bond executed in the penal sum of $455, conditioned to prosecute an appeal on the judgments so obtained, to which the name of the plaintiff in error was signed, without his…

Writ of Error to the Circuit Court of Lowndes. The plaintiff declared against the defendant in assumpsit^ for money had and received, &c. • The cause was tried by a jury, and the plaintiff excepted to the ruling of the court.

Writ of Error to the Circuit Court of Perry. Weissinger and JohnsoN were indicted in the circuit court of Perry for charging and receiving tolls unlawfully on the Cahawba river. Weissinger entered into recognizance with A. B. Moore as surety, binding himself and surety each in the sum of $100 for his appearance, and Johnson in the same manner, with H. Davis as his' surety.

Writ of Error to the Circuit Court of Talladega.. The suit was commenced before a justice, by the plaintiff in error, on five bonds for $44 each, by which the defendant in error promised to pay the plaintiff $44 when James K. Polk should be elected President of the United States, over Henry Clay, in 1844. The justice rendered judgment in each case in favor of the plaintiff, from which an appeal was taken to' the circuit court, where the cases were consolidated.

Writ of Error to the Circuit Court of Monroe. This was ail action of assumpsit at the suit of the defendant in erroi-.

Writ of Error to the Orphans’ Court of' Piekens. This is an application by Sarah Hooper, to the judge of the county court of Pickens county to assign dower in certain lands described in the petition. After the filing of the petition, James Nance appeared before the court, and having suggested he was the owner of one of the tracts described therein, prayed to be permitted to contest her right to dower in the same.

Motion by the defendant in error, against Spence, sheriff of Talladega, for failing to pay over on demand, money collected by execution.

<p>1. Upon an order in chancery overruling a demurrer to a bill, leaving the cause to be proceeded in to a hearing, according to the practice, a writ of error will not lie under the third section of the act of 1846, “ relating to judicial, proceedings,” or any other enactment; hut the defendant must await the rendition of the final decree before he can thus bring up for revision the decision of the demurrer.</p>

Hughes was cited by the orphans’ court, as the guardian of Flora Ann Ringstaff, to appear and show cause why he should not make a final settlement of said ward’s estate. The citation issued 16th February, 1844, and is returned executed. In the judgment entry it is recited, the proceedings were had at the instance of one Mitchell, guardian ad litem for the minor, as well as that the parties appeared by their attornies.

Bill filed by the defendants, against the plaintiffs in error, and a judgment pro confesso rendered against them for failing to answer. When the cause was called in its order, the complainants moved for a decree on the bill, which had been previously taken as confessed. The defendant moved to set aside the order pro confesso, and offered to file what he supposed to be a full and complete answer.

Writ of Error to the County Court of Sumter. This was an action of assumpsit at the suit of the plaintiff against the defendant?. On the trial, the plaintiff offered to read to the jury a written contract between the parties, which is described in the declaration. This contract concludes and is subscribed as follows, viz: “ In testimony of which, we have hereunto annexed our respective signatures, this 30th day of April, A. D. 1841.

Writ of Error to the Circuit Court of Benton. Supersedeas, by Hughes against Burt, suing for the use of one Findley. The petition sets forth that Burt, at the fall term of the circuit court of Benton county, for the year 1843, recovered a judgment by default against Hughes, for $160, besides costs.

Assumpsit by the defendant, against the plaintiff in error. The declaration is in the usual form, upon a physician’s account.

Writ of Error to the Orphans’ Court of Henry. The facts of this case may be thus condensed. On the 17th October, 1845, a writ of fieri facias tested of the preceding day, was issued from the orphans’ court in favor of the appellee against Moses K. Speight, Stephen 'Cawthorn, Wm. Cawthorn, Wm. Armstrong, executor of John Jones, who was executor of Geo. Jones, deceased, for the sum of $1,453 .58, besides costs, which was levied on property in the possession of Stephen Cawthorn.

Writ of Error to the Circuit Court of Marion. This is a proceeding by motion on behalf of Terrell, as treasurer of the county of Marion, against Douglass, as clerk of the circuit court, and others as his sureties, for his failure in ,that capacity, to return on oath, in writing, an account of monies received by him as clerk, to the county treasurer. The defendants appeared to the motion, and pleaded — 1. That said Terrell was not county treasurer. 2. Not guilty.

Assumpsit by the defendant, against the plaintiff in error, for money had and received. Upon the trial, as appears from a bill of exceptions, it was proved that on the 1st July, 1823, the town council of Montgomery, executed a lease of a site for a wharf to Goodhall & McGehee, which by a subsequent agreement was extended to the 1st January, 1845. This lease was afterwards conveyed by them to John Gindrat and others.

Writ of Error to the Circuit Court of Talladega. This was an action on a bill single, at the suit of the defendant in error, payable to “ Margaret Hall and Samuel Mc-Clerkin, executrix and executor of the estate of James Hall, deceased.” The plaintiff describes himself in the declaration as “ administrator cle bonis non with the Will annexed of the goods and chattels, rights and credits of James Hall, deceased, unadministered by Margaret Hall and Samuel Mc-Clerkinalledges,…

Writ of Error to the Circuit Court of Sumter. Indictment against Swan for retailing spirituous liquors in quantities less than one gallon, and permitting the same to be- drank on his premises.

The plaintiffs in error petitioned the orphans’ court, to admit to probate, a paper which they alledged to be the last will and testament of Walter McBeth. That he being of sound mind, and disposing memory, executed his last will, which was duly attested by the witnesses whose names are signed thereto, but the same has been lost or mislaid, so that they are unable to produce the original will for probate.

Writ of Error to the County Court of Sumter. This was an action of assumpsit, at the suit of the¡plaintiíf in error, which was tried by a jury, and a verdict and judgment rendered for the defendant. The plaintiff excepted to the charge given to the jury, and the facts, so far as material to be stated, may be thus condensed.

Writ of Error to the Circuit Court of Conecuh. Assumpsit, for work and labor, &c. by Kolisenski against Jones. The defendant pleaded non-assumpsit, set off, and a former adjudication in short. At the trial, the defendant produced the record of a suit in the county court of said county, in which he, as the garnishee of the plaintiff, at the suit of one Davidson, appealed from a judgment of a justice of the peace.

Detinue for four slaves, by the defendant in error, against the plaintiff in error.

Writ of Error to the Circuit Court of Dallas. This was an action of trespass at the suit of the plaintiff in error, brought to try titles to, and recover the possession of a tract of land particularly described in the indorsement on the writ, and in the declaration, &c. The cause was tried by a jury, who returned a verdict for the plaintiff, and judgment was thereon rendered.

Writ of Error to the Orphans’ Court of Henry. At the return of a supet-sedeas sued out by Bowdon and Smith to stay proceedings on a certain execution against them and one Stephen Cawthorn, they moved the court to quash the forthcoming bond and previous writs of fi. fa. on which the execution superseded was founded.

The bill was filed by the plaintiff in error, for a divorce a vinculo, upon the ground of cruel, barbarous, and inhuman treatment on the part of the husband,- this the bill charges in general terms to have commenced soon after the marriage, and to have been continued until the separation.

Writ of Error to the Circuit Court of Henry. This was an action of assumpsit on a promissory note at the suit of the defendant in error against the plaintiffs. It appears from the record that a judgment was recovered against the defendants below; and that subsequently all the papers and proceedings in the cause were destroyed by fire.

Assumpsit by Ellzy, against Oliver, to recover a sum of money due by promissory note. The defence is payment and set off. At the trial, the defendant offered evidence conducing to prove, that he had purchased from the plaintiff a certain claim held by him against one Williams. It appears that this claim was reduced to judgment, in South Carolina, in the name of Ellzy, and that the money was paid by Williams to the sheriff.

Assumpsit by the plaintiff, against the defendant in error. The action is founded on the indorsement of a note, made by one May to Forrest & Mullikin, for $110, dated 29th January, 1838, and due ten days after date. The indorsement is.in these words: “ I sign the within note over to William N. Hines, for value received of him, with said William N. Hines to try the insolvency of the said P. H. May. November 21,1839.

Writ of Error to the Circuit Court of Macon. This was an action of assumpsit at the suit of the defendants in error, to recover the amount of a promissory note made on the 7th October, 1843, by which the plaintiff promised to pay to their testator, $1,065 on the first day of January, 1846. The cause was tried by a jury, a verdict returned for the plaintiffs, and judgment thereon rendered.

Writ of Error to the County Court of Perry. Garnishee suit by Child as the judgment creditor of William and Frederick Hartley against Locket. The affidavit asserts that Locket is indebted to William Hartley and Frederick Hartley. The answer of the garnishee asserts that he does not consider himself indebted to William Hartley, and proceeds with the statement of the transaction by reason of which the indebtedness is alledged on the other hand.

Writ of Error to the Circuit Court of Lowndes. The action was commenced by attachment, by the plaintiff in error, who made affidavit that he was a resident of the State of Mississippi, and that Andrew Hutchinson, deceased, of South Carolina, was in his lifetime indebted to him in the sum of $1,653 15, that John S. Moore and Ephraim A. Crenshaw are his administrators, and reside in South Carolina, and have not sufficient property of the estate of their in-testate in the State…

Writ of Error to the County Court of Benton. This was an action of assumpsit at thé suit of the plaintiff in error.

Writ of Error to the Court of Chancery for the forty-first District. The bill is filed by Watson and others, claiming to be heirs at law and next of kin of William Watson, deceased.

Assumpsit by the defendant in error, against the plaintiffs in error, and one Simmons, on two promissory notes of the following tenor: $920. When James K. Polk is elected President of the United States, we, or either of us, promise to pay Alexander C. Gordon, the sum of nine hundred and twenty dollars, for value received, this 9th October, 1844. M. C. Trammel, Philip McCarty, E. H. Simmons. The writ was not executed upon Simmons, and as to him the suit was discontinued.

Writ of Error to the Circuit Court of Tuskaloosa. This was an action of trespass, at the suit of the plaintiff in error, for the taking and carrying away certain goods and chattels. The defendant Jones pleaded not guilty, and his co-defendant pleaded not guilty and justification, as a constable, under executions. A verdict was returned for the defendants, and judgment was thereon rendered.

Writ of Error to the Court of Chancery for the thirty-ninth district. ' This bill is filed by Logan as the executor of T. A. Powell, (who died in Georgia, and there the letters testamentary were granted,) against Rowland and one Hague and his wife Mildred. The case made by it is this: On the 26th Dec’r, 1840, Powell loaned Rowland $2500, for which the latter executed his note to Mildred Hague,who then was the wife of John Hague.

The bill was filed by W. J. Butler, the defendant in error, against James A. Butler, the plaintiff in error, a resident of the State of Mississippi, and one Randal Duckworth, a resident of Dallas county, to enjoin the further prosecution of a suit, commenced by the latter against the defendant in error, in the county court of Lowndes, on a promissory note, which the bill alledges was the property of J. A. Butler, and praying also the' allowance of an account against him, he…

Writ of Error to the Circuit Court of Tallapoosa. insisted, that it must be intended that the appeal was quashed at the instance of the appellee.

Writ of Error to the Circuit Court of Mobile. Sci. fa. on a recognizance. The judgment is one of nil idicit, after the return of -two nihils against Knapp, and after personal service on Shreeve.

Debt, for the use of the Branch Bank at Montgomery, by the plaintiff in error, against the defendant in error, one of the •sureties of Jones Weatherford, sheriff of Conecuh county, on his official bond.

Writ of Error to the Circuit Court of Baldwin. This was a proceeding instituted by the defendant in error before a justice of the peace for a forcible entry and detainer.

<p>1. A deed reciting that the grantor is unable to pay all his debts, and conveying certain slaves to a trustee to pay a preferred creditor, at the expiration of two months from the date of the deed, and also providing the slaves shall remain with the trustee, is not void per se, because it also provides, that the residue remaining after paying the preferred debt shall be paid to the grantor.</p>

Richard Hall was appointed administrator of the estate of William A. Hall, deceased, in October, 1844; and some time after obtained an order for the sale of the personal property, which sale was returned as made, on the 18th January, 1845. In May, 1846, he reported the estate insolvent, and the court so declared it.

Writ of Error to the Circuit Court of Jefferson. The plaintiff in error declared against the defendant for money had and received, to which the defendant pleaded “ non assumpsitthereupon the cause was submitted to a jury, who returned a verdict for the defendant, and judgment was rendered accordingly.

.Writ of Error to the Circuit Court of Montgomery. Assumpsit by Bradford against Haggerthy as the indorser of a note made by one Pou. The declaration alledges that suit was brought on the note by Bradford against Pou to the county court of Tallapoosa county, that being the first court to which the suit could be brought after the note fell due, and Pou being there a resident.

This cause was transferred to the chancery court, from the orphans’ court of Montgomery, on the 10th March, 1842; the estate was declared insolvent, and an order made to file claims by the first Monday in June, 1843. The claim of the defendant in error was filed.

Writ of Error to the County Court of Tuscaloosa. This was a proceeding under the statute, at the suit of the defendant in error as the sheriff of Greene, against Baldwin, his deputy, and the sureties of the latter in a bond executed for the performance of his duties as such.

Writ of Error to the Circuit Court of Greene. Trover, by Strother, et al. against White, for the conversion of certain slaves.

This was a motion to enter satisfaction of a judgment, made by the defendant in error. He sets forth in his petition, that on the 20th October, 1842, W. G. Faulkner, for the use of E; Faulkner, recovered a judgment against him for $228 66. That on the 25th October, 1842, he was summoned as a garnishee by the Montgomery Bank, to answer what he was indebted to the said Faulkners.

In July, 1845, the estate of the plaintiff’s intestate was duly declared insolvent, and the settlement thereof continued until January, 1846.

Writ of Error to the Circuit Court of Mobile. A notice was given to the plaintiff in error as sheriff, and others as’ his sureties, that a motion would be made against him and his sureties, for costs and damages, “ in the following cases, being on executions put in your hands, as sheriff of said county of Clarke, which issued from the circuit court of Mobile county, and which you have failed to return, viz Here follows a list of cases of different plaintiffs, arid…

Writ of Error to the Circuit Court of Randolph. This was a suit commenced before a justice of the peace, by the plaintiff in error against the defendant, and a judgment being there rendered against the plaintiff for costs, he removed the case by certiorari to the circuit-court.

Writ of Error to the Circuit Court of Talladega. Debt, by Mrs. Thompson, against Spence.

Writ of Error to the Circuit Court of Washington. Assumpsit in the county court of Washington, by the defendant in error, as indorsee, against the plaintiff in error as drawer of a bill of exchange for $ 1,000, on the 6th February, 1844, upon Austin, Marshall & Co., Mobile, payable nine months after sight, to David A. Love.

Writ of Error to the County Court of Butler. This cause was instituted before a justice of the peace, and removed by appeal to the county court, where a judgment was rendered in favor of the plaintiff below. The case on which the court below acted, and now here for revision, is stated at length in the record, and may be thus condensed. A paper subscribed by the defendant, with the mark and figures indicating ten dollars placed opposite his name, was given in evidence.

Writ of Error to the Court of Chancery for the twelfth District. This bill is filed by Myer and McQueen and wife against Rives. Its object is the settlement of the several estates of William Myer and Frederick Myer. The former died testate in South Carolina about the year 1820. By his will he left specific legacies to the children of Frederick Myer, his son, as well to those who should be born after his death as to those then living.

The plaintiff in error filed his bill, and obtained a decree divorcing him from his wife, because of her voluntary abandonment of him. In her answer, the wife suggested that the complainant • was the owner of a number of slaves, and other property, -and that she was destitute of the means of support in her old age, and by her counsel moved the court for a division of the estate, that she might no longer be dependant on the friendship and charity of others for a support.

Writ of Error to the Circuit Court of Tuscaloosa. This was a proceeding under the statute of 1326, at the suit of the defendant in error suggesting that the plaintiff, Gary, could with due diligence have made the money on a writ of fieri facias in favor of the bank against J. B. Bunn, and S. D. Hooks, which was placed in his hands as the sheriff of Sumter county.

Writ of Error to the Circuit Court of Perry. DetiNue, by Billingsley against Harrell, to recover certain slaves. Held: as a security, and assume Becton’s place. This was agreed to, and the defendant, in March, 1840, paid the sum to Becton and took from him a transfer of the note and bill of sale.

Debt, by the plaintiff in error, on a penal bond of the following tenor: We hereby bind ourselves in the penal sum of one thousand dollars, to convey to Joseph Fitzpatrick, son of Bird Fitzpatrick, a half section of land, situate in Macon county, Alabama, worth five hundred dollars, on a patent issued to William Walker, or to Edward Hanrick, as executor of William Walker’s estate, to the N. 1-2, 31, 15, 23, situate in Macon county, Ala.

Writ of Error to the Circuit Court of Marion. This was an action of debt at the suit of the plaintiff in error, on a bill single, for the sum of $ 163 63, dated the 26th January, 1843, and payable to the plaintiff or bearer, on the 1st March, 1844, in the notes of the Bank of the State of Alabama, or any of its branches. The defendant pleaded several pleas, with leave to give any matter in evidence that would be a defence to the action.

Writ of Error to the Circuit Court of Clarke. - Motion by Herrin against Woodward, as coroner of Clarke co.unty, for failing to collect money on an execution issued at his suit, against the sheriff of said county and his sureties.

Clair. The bill was filed by the defendant in error. The material allegations are, that on the 8th June, 1836, one 'Abney being seized in fee of a tract of land, which is described, sold and executed to the plaintiff in error a deed in fee simple for the same.

Writ of Error to the Circuit Court of Lowndes. This was an action of debt, at the suit of the defendant in error, on a bond executed by the plaintiffs in error, with three other persons on whom the process was not served.

Debt by Garrett, as the administrator of Edward Gunter, on a bill single made by Ricketts and others, dated 6th January, 1840, payable the 1st of July then next. The defence was failure of consideration.

The bill was filed by the plaintiff in error, and alledges that some time in the year 1838, one L ton Sanders sued out an attachment against James Fisher, who had been a citizen of Perry county, but had left the State, and summoned him as garnishee. That he appeared and answered, that he was indebted to Fisher in the sum of $612 50, for which sum, besides costs, a judgment was rendered against him at the-February term, 1839, of said court.

Writ of Error to the Circuit Court of Lawrence. This was an action of debt, at the suit of the plaintiff in error, on a promissory note made by the defendant and another person, on whom process was served. On the trial, the plaintiff read to the jury the note declared on, and the defendant then introduced a witness, who stated there was no consideration passing from the plaintiff, the payee, to the makers for making the same, and that he was unknown to them.

Writ of Error to the County Court of Dallas. Assumpsit by Starke & Moore on the common counts, against Mrs. Kenan, as- the executrix of the estate of M. J. Kenan, deceased. The defendant pleaded non-assumpsit, payment, and non-claim. At the trial, the plaintiffs put in evidence tending to establish their demand, and then closed their evidence.

Writ of Error to the Circuit Court of Macon. Assumpsit by the defendant in error, as indorsee of a note, made by the plaintiffs in error, on the 18th February, 1841, for the payment, on the first February 1843, to Geo. Gold-thwaite, of $400, negotiable and payable at the Branch Bank of Montgomery. The defendants pleaded non-assumpsit, payment, and set off.

Writ of Error to the Circuit Court of Sumter. The defendant in error declared against the plaintiff in as-sumpsit on a promissory note, dated the 18th October, 1837, by which she promised to pay him on or before the first day of January next thereafter, $133 75. The defendant pleaded —1. Non-assumpsit. 2.

Writ of Error to the Court of Chancery for the fourth District.

Writ of Error to the Circuit. Court of Dallas. Assumpsit by the defendants, in error, as indorsers of a bill of exchange, drawn by the plaintiff in error. The declaration contains counts for the non-acceptance, and, non-payment, and alledges notice. The defendant pleaded non-assumpsit, payment, and set, off. Upon the- trial, as, we learn from a. bill of exceptions, the plaintiff proposed- tp read; a deposition taken on the authority of an affidavit,, made before one.

Writ of Error to the Circuit Court of Greene. The plaintiffs in error were indicted for selling s'pirituous liquors in less quantities than one quart, without a license, and having pleaded “ not guilty,” the cause was submitted to a jury, who returned a verdict of guilty, and assessed the fine of each of the defendants at $20; judgment was thereon rendered.

Writ of Error to the Circuit Court’of Monroe. SuggestxoN by Crawford, suing for the use of Atkinson against Andress as sheriff, for making a false return to a certain fi. fa. at his suit, against one English, et al. The suggestion sets out that the fi. fa. issued the 30th May, 1846, and was the same day received by the sheriff, who falsely returned it “ stayed by the plaintiff till further orders.” The suggestion appears dated 6th November, 1846, and describes the execution…

Writ of Error to the Circuit Court of Monroe. Trial of the right of property. The bank jhaving levied an execution on certain slaves, as the property of Charles T. McConico, and Julius A. Wood, a claim was interposed to try the right, and bond executed by the plaintiff in error. Upon the trial, as appears from a bill of exceptions, the plaintiff introduced the deposition of one Wm. A. Campbell.

Writ of Error to the Circuit Court of Marion. This was an action of trover at the suit of the plaintiff in error. The declaration contains several counts..

Writ of Error to the Court of Chancery for the first district. Held: that the statute prohibiting suits against administrators for six months after the grant of administration suspends for that time the statute of limitations. [Hutchinsonv.

■- On the 17th October, 1842, the plaintiff in error was appointed administrator of the estate of Henry Snelgrove with the will annexed, and being subsequently cited to give additional security, he appeared on the 4th March, 1844, and presented his account with the estate, and on the 16th April, 1844, resigned his trust, and the defendant in error was appointed administrator de bonis non of the estate, and at the same time the plaintiff in error filed his accounts and…

Writ of Error to the Circuit Court of Perry. The defendant in error was summoned as a garnishee in February, 1844, to answer upon oath what he was indebted to Samuel G. Stewart, Ac. against whose estate an attachment had been issued at the suit of the plaintiff.

Writ of Error to the Circuit Court of Dallas. Claim of property interposed by Frow and Ferguson to certain slaves levied on at the suit of Downman, as an execution creditor of one Treadwell.

Assumpsit by the plaintiff, against the defendant in error. The following facts were agreed to by the parties: In 1842, the plaintiff and defendant made a joint purchase of a section of land, and took from their vendor a bond conditioned to make title, when the purchase money should be paid, and entered into possession. An agreement was then entered into orally, to divide the lands into two equal parts, but the lines were not run at that time.

Writ of Error to the Circuit Court of Lauderdale. This was aa action of assumpsit, which was tried on the general issue, a verdict returned for the plaintiff, and judgment rendered accordingly. On the trial, the defendant excepted to the ruling of the court.

Writ of Error to the Court of Chancery for the Thirteenth Chancery District.

Assumpsit by the plaintiff in error, on a promissory note, made by the defendant to him, on the 7.th September, 1843, for the payment on the first January, 1846, of $200. The defendant pleaded — 1. Non-assumpsit, 2. Payment, 3. Failure of consideration. 4. Partial failure of consideration ; and nine other pleas which are not necessary to be here set out, as the same questions arise upon the evidence. The plaintiff demurred to the last ten pleas.

Writ of Error to the Circuit Court of Randolph. This was an action at the suit of the plaintiff in error, to recover damages of the defendants for maliciously, and without any reasonable and probable cause, procuring the plaintiff to be indicted for a felony, &c. The cause was tried on the plea of “ not guilty,” with leave to give any special matter in evidence, which might be pleaded in bar — a verdict was returned for the defendants, and thereupon judgment was rendered.

Writ of Error to the Circuit Court of Monroe. Motion by Robinson, against Nathaniel Broughton as a co-surety. Held: &c. at which time I shall move for judgment against you as a co-surety on said bond.” This is dated 5th October, 1846, and was served the 20th of the same month. The- defendant pleaded in short by consent — 1. Non-as-sumpsit. 2. Payment. 3. Set off. 4. Statute of limitations applicable to sureties of sheriffs.

Detinue for two receipts, given by one Thomas Barlow, to one John T. Beckley, for certain promissory notes by the plaintiff in error, assignee in bankruptcy, against the defendant in error.

Writ of Error to the County Court of Lawrence. This was an action of assumpsit at the suit of the defendant in error, against the plaintiffs, as the drawers of -a bill of exchange. The first count of the declaration is on the bill, to which are added the common counts. On the trial, the plaintiff offered in evidence the bill declared on, which is as follows: “Leighton, 1 March, 1843 — #1171 78.

Suit commenced by attachment by the plaintiff in error. The two first counts of the declaration, are upon a warranty of soundness of a slave, sold by the defendants to the plaintiff, at the price of seven hundred dollars, to which are added the money counts.

Writ of Error to the Court of Chancery at Huntsville. The plaintiff, a resident of Jackson county, filed his bill setting forth, that the defendant, McBroom, as the assignee of his co-defendant, Wilder, recovered a verdict and judgment against him in the county court of that county, on a bill single for one hundred and twenty-five dollars.

Writ of Error to the Chancery Court of Perry. The bill filed by the plaintiffs in error, charges, that Samuel Robinson, late of Shelby county, Tennessee, died, leaving a widow, Mary Robinson, who was his second wife, and by whom he had no children. That complainants are his children, and heirs by a former marriage. That their father died seized and possessed of a large amount of property, real and personal, and among the rest, of certain slaves, which are described.

Writ of Error to the Circuit Court of Macon. This was a proceeding under the statute, for the trial of the right of property. On the 15th November, 1842, a writ of fieri facias was issued from the circuit court of Macon, on a judgment previously recovered by the plaintiff against Peter C. Harris, which was levied on sundry slaves by the sheriff of that county, and which, on the 2d January, 1843, he returned superseded by an injunction.

The bill was filed by the defendant’s in error, and alledges-that James Mosely died in South Carolina, possessed of a’ large estate in land, slaves, &c., and that Mary Mosely, the widow, and John Mosely, one of the distributees, became his administrators.

Writ of Error to the Circuit Court of Sumter. This was an action of detinue at the suit of the defendant in error, for the recovery of a female slave named Clara, and other property. The cause was tried by a jury, who returned a verdict in favor of the plaintiff below in respect to the slave, assessed her value at $500, and damages for her detention at $192, and judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the court.

The bill was filed by the defendants in error, and alledges that Josiah'Du Bose, of South Carolina, engaged in the business of plainting, in Marengo county, was indebted to them in the sum of $3,366 22, due on the 1st January, 1843, by promissory note, indorsed by one James H. Du Bose, and dated the 26th April, 1842 ; that on the day of the date of the note, Isaiah Du Bose, by James H. Du Bose, his attorney in fact, to secure the payment thereof, executed a deed of trust to…

The appellant filed his petition, stating that on the 28th December, 1840, Sylvester L. Fowler, Charles Fowler and Wm. Prout recovered a judgment in the circuit court of the United States for the southern district of Alabama, against John Ticknor, for the sum of $4991, besides costs ; and on the 31st of the same month and year, Thomas Crouch, Richard Crouch and Jesse Sneed recovered a judgment in the same court against the same defendant for the sum of $7176 25, and costs.

Writ of Error to the Circuit Court of Montgomery. The defendant in error declared against the plaintiff inm-debitatus assumpsit, for money had and received, &c., and the cause was tried by a jury, who returned a verdict in favor of the plaintiff below, for $1,490 52, damages, on which judgment was rendered.

Writ of Error to the County Court of Jefferson. The plaintiffs in error declared against the defendant on a bill of exchange for $400, of which he was both the drawer and indorser. The bill was addressed to, and accepted by T. W. Rockett, dated at Elyton, 25th January, 1842, and payable at ninety days after date. The defendant pleaded — 1. Non-assumpsit. 2. The “bankruptcy of the plaintiffs.” 3.

Writ of Error to the Circuit Court of Talladega. This action was commenced by original attachment at the suit of the defendant in error, against the plaintiff as a nonresident debtor, which was levied on a wagon and gear. Afterwards an ancillary attachment was issued and levied on three slaves, particularly described in the return.

Writ of Error to the Orphan’s Court of Coosa. This was a proceeding in the court below for the distribution and final settlement of the estate of the intestate of the plaintiffs in error. The facts of the case are sufficiently shown in the opinion of the court. made the following points: 1.

This was an action of ejectment for the recovery of real estate, situated in the city of Mobile, and particularly described in the declaration. The defendant entered into the usual consent rule, and the cause was tried upon the plea of “not guilty,” a verdict returned for the defendant, and judgment rendered accordingly. On the trial, the plaintiffs excepted to the ruling of the court.

Writ of Error to the Court of Chancery sitting in Benton. The defendant in error filed his bill against John M. El-dridge, Henry B. Turner and .Tames W. Camp, in which a case is stated substantially as follows : About the third day of November, 1840, the defendant, Turner, executed a note by which he promised to pay to the defendant, Camp, for the benefit of the complainant, the sum of five hundred dollars for value received, which was accepted and received by the payee for…

Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit on a promissory note, tried by a jury who returned a verdict for the defendant, on which judgment was rendered.

Writ of Error to the Court of Chancery sitting at Mobile. The defendants in error alledge in their bill that on or about the 16th. of December, 1845, one Adams sold to Robert L. Walker a steamboat called the Dallas, for the sum of $ 15,000 ; one half of which sum has been paid, and for the remainder of the purchase money, Walker, together with Hamilton R. Johnston, gave four notes of the date aforesaid; the first of which is for the sum of $1500, due the 1st of January,…