Volume 23 — Tennessee Reports

This is an action on the case for libel and slander, instituted in the Circuit Court of Gibson county by Williams against Karnes. The declaration contained two counts, one for libel and the other for slander. The defendant filed a general demurrer to the declaration; the demurrer was sustained and judgment rendered for the defendant at March term, 1843.

<p>A presentment was made by'twelve jurymen under oath and by one acting' with them not under oath*. Held, that the presentment was void, for it may have been founded on the information of him who was unsworn; sccus, with regard to an indictment, for it is founded upon proof.</p>

Woodfin made an affidavit before the Clerk of the Circuit Court of Fayette county, on the 7th day of September, 1842, which set forth, that affiant had a good cause of action against G. W. Hooper, and that said Hooper had or was about to remove his property beyond the jurisdiction of the court. Upon this affidavit the clerk issued a capias ad respondendum against Hooper; he was arrested and executed a bail bond with surety for his appearance.

This is an action of assumpsit which was instituted in the Circuit Court of Fayette county, by Brown & Herndon, partners, against H. B. L. Williams. The defendant pleaded non-assumpsit and set-off. And the case was submitted to a jury at the September term, 1842, Dunlap, Judge, presiding. The trial involved the adjustment of mutual complicated accounts between the parties, and resulted in a verdict of $202 for the plaintiffs.

Caldwell sued Harris, administrator of McCollum, before a Justice of the Peace of Dyer county, and recovered a judgment against him. The Justice, however, allowed an setoff, with which the plaintiff was dissatisfied and appealed to the Circuit Court. The judgment was there (Harris, Judge, presiding) affirmed. The plaintiff appealed in error.

Greenlow was indicted in the Circuit Court of Shelby county, and the case was submitted to a jury at the February term, 1843, Dunlap, Judge, presiding. The Jury returned a verdict of guilty. The defendant moved in arrest of judgment. The motion was overruled, and judgment rendered, and the defendant 'appealed. This indictment contains but one count, and that count chargés two distinct offences. 1st. Not repairing the road; and 2d. Not mile-marking it.

At tbe June term, 1842, of the circuit court of Obion county, the grand jury indicted Stone for the murder of Mitchell. Stone pleaded not guilty, and the cause was submitted to a jury at the same term; Harris, judge, presiding. It appeared that Mitchell was shot in his house in Obion county, in the night, by some unseen person, through a crack in the house. He died instantly, and the assassin fled.

The Planters’ Bank instituted an action of debt in the-circuit court of Madison county, against A. B. Bradford. The declaration avers, that W. B. Miller executed bis bill single to P. M. Miller on the 18th day of March, 1839, promising to pay him the sum of $4000 four months after date, at the Planters’ Bank at Nashville, Tennessee; that P. M. Miller endorsed and delivered the note to A. B. Bradford, and that Bradford endorsed and delivered it to the Planters’ Bank.

This action of ejectment was brought by Toel’s heirs against Hopkins, in the circuit court of Weakley county, in February, 1842. Plea, not guilty. It was submitted to a jury at the February term, 1843: Harris, judge, presiding. Howard located seven hundred and fifty acres of land for Peter Toel, in Toel’s name; and sold his undivided locative interest (182f acres) to Billingsly and executed to him a bond for title, and Billingsly took possession for himself and Toel.

Judgment was rendered at the March term, 1843, of the circuit court of Dyer county in favor of Fizer against Hart and his sureties, on a ca. sa. bond: Harris, judge, presiding, The defendants appealed.

On the 19th day of December, 1840, M. B. Winchester drew a bill of exchange on Handy, of New Orleans, for $1500, payable four months after date, to W. Winchester. It was protested for non-acceptance, and an action of assumpsit was instituted in the Circuit Court of Shelby county, by W. Winchester against the drawer, M. B. Winchester. The defendant pleaded non-assumpsit, and the case was submitted to a jury, Dunlap, Judge, presiding, at the February term, 1843.

Davis instituted an action of assumpsit against Beckham in the Circuit Court of Obion county, on the endorsement of a promissory note payable at the branch of the State Bank at Trenton. Defendant pleaded non-assumpsit, and the case was submitted to a jury at the October term, 1841, who returned a verdict for defendant.

Daily, in the name of the Governor, instituted an action of covenant against Stanly and Harris, the sureties of Stilborn, a constable, in the Circuit Court of Perry county, on the 3d day of January, 1842. They pleaded the statute of limitations, (act of 1823, ch. 10, sec. 1,) and the case was submitted to a jury, Totten, Judge, presiding, at the January term, 1843.

A judgment was recovered before a Justice of the Peace against Rucker and Payne. Frost stayed the execution, and at the expiration of the stay, paid the money; and thereupon made a motion for judgment against Rucker and Payne in the Circuit Court of Dyer county. Harris, the presiding Judge, being of the opinion that the court had no jurisdiction to render judgment, overruled the motion and dismissed the' case. The plaintiff appealed.

On the 8th day of April, 1842, Story’s heirs filed their petition in the office of the Clerk of the Circuit Court of Madison county, against Vanhook. This petition states, that they are the owners of a certain tract of land, which is described by metes and bounds, lying in Madison county, 10th district, range 1, section 10.

Trover for a horse by Lowe against Williams, in the Circuit 'Court of Obion. Plea not guilty, and issue. It was submitted to a jury at the June term, 1842, Harris, Judge, presiding. Verdict for the plaintiff for $40. There was a motion for a new trial overruled. Judgment rendered on the verdict, and the defendant appealed. All the material facts and the charge of the Judge are set out in the opinion of the court.

This is an appeal in error from the Circuit Court of Perry county, where judgment was rendered by motion, (Totten, Judge,) presiding, against Patterson, deputy sheriff- and his surety.

This bill was filed in the Chancery Court at Sommerville, by Ingram against H. & J. H. Morgan and Garrett, to obtain a perpetual injunction against the enforcement of a judgment. One Rivers, as administrator of Tyree Rhodes, deceased, sold a tract of land to H. & J. H. Morgan, and gave- them a bond for title when the purchase money should be paid. The Morgans paid a portion, leaving the sum of $1000 unpaid.

This is an action of debt brought by Mary A. Browning, au infant, by her next friend L. Browning, in the Circuit Court of Haywood county, on the 30th day of May, 1840, against Jones, sheriff of Play wood county. Plea nil debet, and issue. It was submitted to a jury at the October term, 1840, Read, Judge, presiding.

Saunders & Martin, partners, instituted an action on the case against Harris, sheriff of Hardeman county, for a false return. The defendant pleaded not guilty, and the case was submitted to a jury at the May term, 1842, Dunlap, Judge, presiding. Martin & Saunders recovered a judgment against Gallaher, King and others in the Circuit Court of Wayne county; fi. fa. issued, and was placed in the hands of Harris, sheriff of Har-deman, in which county King resided.

This bill was filed in the Chancery Court at Huntingdon, in March, 1842, by the Planters’ Bank, a judgment creditor of Pleasant Henderson, against Pleasánt Henderson,' Norman, sheriff of Carroll county, and against Bullard and others, judgment creditors of J. M. Henderson.

At the September term, 1842, of tbe County Court of Dyer county, Pleasant Feltz presented his petition, verified by affidavit, praying to be… Held: that although an executor of an executor is the executor of the will of the first testator, yet if he do not enter into bond, with sureties, to administer the estate of the first testator also, under his will, he is not his executor, but will be deemed to have renounced that office. See also Baldwin v. Buford, 4 Yer. 20. 3.

At the October term, 1840, of the Circuit Court of Dyer county, the grand jury presented N. W- Anthony for the offence of gaming.

The Farmers’ and Merchants’ Bank instituted this action'of assumpsit in the Circuit Court of Shelby county, against Battle & Massey, on the 12th of May, 1842. The plaintiff declared against the defendants as endorsers of a promissory note, payable to plaintiff, at the Union Bank of Memphis,. for $200. The defendants pleaded non-assumpsit, and an issue on this plea was submitted to a jury of Shelby county, W. C. Dunlap, Judge, presiding.

A. T. Shaw drew a bill of exchange in favor of Applewhite, on Kirkman, Hanna & Co. Applewhite endorsed the bill for the accommodation of the drawer, and then E. Shaw, the broker of the drawer, endorsed it, taking a deed of trust on the estate of his brother for his indemnity. E. Shaw took up the bill, and prosecuted his suit in the Circuit Court of Tipton county against Applewhite, and recovered judgment the sum of $546. Applewhite filed this bill against A. T. &!

Kimbro instituted an action of debt against Webb, the maker of a note, and Lamb, the endorser thereof. A nolle pi-osequi was subsequently entered as to Webb, in the Circuit Court of Henry county. The plaintiff averred and made profert- of an assignment of the note, with a waiver of demand and notice. The defendant pleaded, that he made no such assignment, and nil debet; and verified these pleas by affidavit.

This bill was filed in the Chancery Court at Sommerville by Elliott against Thompson, administrator of Hopkins, for the purpose of obtaining an injunction against the enforcement of part of a judgment obtained by Thompson, as administrator, against him. Hopkins sold to Elliott a tract of land, which was subject to a deduction of locative claim. Hopkins promised to buy in this claim from time to time, but died without doing so.

Jennings instituted an action of covenant in the Circuit Court of Gibson county, against Mays.

Burton was indebted to one Edmonson $51; Carraway was requested by Burton to let Edmonson have $51 worth of bacon which, when delivered, should discharge.the .debt due to Ed-monson, Burton agreeing to pay Carraway the $51. The bacon'was delivered according to the contract. When the $51 fell due, Carraway instituted suit, by warrant, before a Justice of the Peace for Gibson county, against Burton.

<p>The record does not show who appeared for defendant.</p>

This bill was filed in the Chancery Court at Somerville, in January, 1842, by Isler, administrator of the estate of Joseph H. Bryan, deceased, by Sally A. Bryan, the widow of said Bryan, and Mary Isler, the daughter of Bryan and wife of Isler the administrator, against Joseph B. Outlaw., It was filed to restrain the collection of a judgment which Outlaw had recovered in the Circuit Court of Fayette county, against Isler, as administrator of Bryan, and to compel Outlaw to…

This is an action of debt, with a count in detinue, brought by Dodd against Aden, in the Circuit Court of Green county. Defendant pleaded nil debet, and non detinet. At the June term, 1842, the case was submitted to a jury, Anderson, Judge, presiding. The jury found that the defendant did detain the horse mentioned in plaintiff’s declaration, and assessed his damages at $100.

This action of trespass was instituted by Roach against Dam-ron, in the Circuit Court of Knox. The declaration avers, that defendant pulled down the fence of plaintiff, trod down the grass, removed- loads of rock therefrom; and by so pulling down the fence of plaintiff, permitted ten head of cattle to escape, so that they were lost to plaintiff.

At the May term, 1842, of the Circuit Court of Monroe county, Wade Swan, tbe defendant below, was charged with the murder of one Lemuel G. Moore. The indictment contained but one count, which charged murder in the first degree. At the January term, 1843, of the Circuit Court for said county, the defendant was put upon his trial, and plead not guilty to the indictment, Scott, Judge, presiding.

Ejectment by Wallace against Hannum for three lots in Ma-ryville, Blount county. Plea; not guilty, and an issue thereupon was submitted to a jury at-the May term, 1843. A verdict and judgment were rendered for plaintiff; from which the defendant appealed. The facts are stated in the opinion of the court.

This action of covenant was instituted in the Circuit Court of Roane county, in the name of Jones, Governor and successor of N. Cannon, for the use of the State, against Wiley, Clerk of the County Court, and his Sureties on their official bond.

This bill was filed in the Chancery Court at Cleveland, Bradly county, and was tried before Chancellor Williams. He dismissed the bill. The complainant appealed. All the material facts are stated in tire opinion of the court.

This action was' instituted in the Circuit Court of Campbell county, and the case was submitted to arbitrators, whose award was entered up as the judgment of the court. There was no bill of exceptions. The plaintiffs appealed in error.

Assumpsit by Hodges against Ivey, in the Circuit Court of Grainger. Plea, non-assumpsit. An issue on this plea was submitted to a jury at the August term, 1842, Luckey, Judge, presiding. Judgment was rendered in favor of the plaintiff for the sum of one hundred and twelve dollars, from which tbe defendant appealed. All the material facts are stated in the opinion of the couxt.

The General Assembly of the State, on the 4th day of February, 1842, adopted the following resolution, to wit: ’ “ Resolved by the General Assembly of the State of Tennessee, That the Attorney General of this State is hereby directed to file a bill in chancery against the East Tennessee College, Nashville University, and against the Hon. Luke Lea, calling on said College and University to appear and answer why the grant of the State 'to them of certain lands in the Ocoee…

This is an action in the case instituted by Story against Smith, in the Circuit Court of Cocke county.

Assumpsit in tbe Circuit Court of Hamilton county, by Brown’s administrators against Kirklan & Hickson. Plea; ■ non-assumpsit — issue. It was submitted to a jury at tbe April term, 1843, Keitb, Judge, presiding, and resulted in a verdict for the plaintiff for the sumof-$103 65. A new trial was moved for, overruled, and judgment rendered, from which the de- ' fendant appealed in error.

Ejectment for 122 acres of land in Claiborne county, by Nicely against Boyles. It was submitted to a jury on the gem eral issue, at the September term, 1841* Robert M. Anderson, Judge, presiding, and resulted in a verdict and judgment for plaintiff. The defendant appealed in error. ■ All the material facts are stated in the opinion of the court'.

Dickerson was the keeper of a public inn in Tazewell, Claiborne county. The plaintiff, Rogers, on the 18th day of September, 1839, put up and was then and there received into said inn as a guest by the said Dickerson, and'the horse of the plaintiff was taken to the stable by the servant of Dickerson. Whilst there, the plaintiff’s horse got his head fastened in the partition wall which separates the stalls.

This bill was filed by Hale against Hale in the Chancery Court at Pikeville, for an account. It was heard on bill, answer, replication and proof at the March term, 1843, before Chancellor Williams. He dismissed the bill, and complainant appealed. All the material facts are stated in the opinion of the court.

Click instituted this action on the case against Smith, in the Circuit Court of Green county. Plea, not guilty; and an issue on this plea was submitted to a jury at the June term, 1843, Luckey, Jiidge, presiding;.when a verdict was rendered in favor of the plaintiff, for the sum of ninety-eight dollars. The defendant moved for a new trial.

An action of assumpsit was brought by Hardwick in the Circuit Court of McMinn county against William Lowry, of the firm of Lowry, Wasson & Co. for money expended by the said-plaintiff, to and for the use of said firm- Defendant pleaded non-assumpsit. The case was submitted to a jury at the December term, 1842, of said court, Keith, Judge, presiding. The jury returned a verdict for plaintiff) and assessed the damages' at fifty-two dollars and thirty-two cents.

An issue was made up in the County Court of Meigs county, by the heirs at law of Pettitt, deceased, to try the validity of an alleged will, offered for probate by those named in the alleged will as executors,- and it was certified to the Circuit Court, and came on for trial at the September term, 1842, Keith, Judge, presiding. It was submitted to a jury, who, under the charge of the judge, rendered a verdict against the validity of the will, and judgment was rendered on it.

Wright was indicted in the Circuit Court of Knox county, at the October term, 1842. The indictment contained two counts. The first for a rape committed on the body of Tabitha Webb, on the 15th day of August, 1842, in the county of Knox; the second for having on the same day, in said county, had carnal knowledge of said Tabitha Webb, she being a female child, under the age often years.

This action of covenant by Hale against Henderson, was tried before Judge Scott, and a jury of Monroe county, and resulted in a verdict and judgment for the defendant, from which the plaintiff appealed.

This action of trover and conversion was tried upon the plea of not guilty, by Judge Luckey and a jury of Green county, at the February term, 1842, and resulted in a verdict and judgment for the defendant, from which the plaintiff appealed.

Ejectment in the Circuit Court of Meigs county, for 630 acres of land, and verdict and judgment for the defendant, Judge Keith presiding. The plaintiff appealed. The facts of the case, and charge of the court below, are set out in the opinion of this court.

This action of ejectment was instituted in the county of Grainger, by Massengill against Boyles, to recover a tract of land. It was tried by Judge Luckey, and a jury of Grainger, at the September term, 1842, of the Circuit Court, and resulted in a verdict and judgment for the defendant. The plaintiff appealed. The facts of the case and charge of the Judge upon the points determined, are stated in the opinion of the court, which follows.

This case was tried on bill, answer, replication and proof, in the Chancery Court at Greenville, by Chancellor Williams, and a decree for an account rendered, from which the defendants appealed.

This bill was filed in the Chancery Court at Pikeville, by Martha Hunter, the wife of James Hunter, and her children Joseph and Martha, against the judgment creditors of said James Hunter, to restrain the sale of a slave. It was heard on bill, answer, replication and proof, before Chancellor Rid-ley. He dismissed the bill, and the complainants appealed.

This demurrer was argued before Judge Keith, and judgment rendered in favor of the defendant, from which the State, by the Attorney General, appealed.,

This bill was filed in the Chancery Court at Madisonville, by the distributees of'Torbet, against Duncan and McReynolds, the administrators ofTorbet, and against the administrators of Blair, deceased, who was co-executor of Torbet with Duncan and McReynolds. It was filed for an account; and a decree was rendered in favor of complainants, on a hearing on bill, answers, replications and proof, before Chancellor Williams; from which the defendants appealed.

Churchman instituted this action of ejectment in the Circuit Court of Jefferson county against Mitchell, and it was submitted on the plea of not guilty to a jury, Robert M. Anderson, Judge, presiding, and a verdict was rendered in favor of the plaintiff, and defendant appealed.

This bill was filed in the Chancery Court at Jonesborough by Goodwin, administrator of Moorely, against Moore, administrator of Heaton. Moore filed his cross bill. Answers and replications were filed, proof taken and the cases heard before Chancellor Williams. He dismissed the cross bill and gave a decree on the original bill. The administrator of Heaton appealed from the decree dismissing the cross bill. ■

Blevins brought this action of trespass against Morrow in the Circuit Court of Bradley county, and declared for a trespass in the seizure and destruction of two barrels of whiskey and a keg of brandy.

<p>1. A sheriff can take bail only in the cases mentioned in the statutes; 1st. Where the "party has.been surrendered by his bail; and, 2d. Where he has been committed for want of surety. The recognizance must, therefore, recite, on its face the facts upon which the authority to take the bail is based. ■</p> <p>2. .A deputy sheriff has no power to take bail in' éitüerbf the'above cases.</p> <p>3. The legislature have no power to extend'the -obligation of bail to a-more remote day from that mentioned in the recognizance.</p> <p>4. The sickness of a defendant constitutes no reason for his non-appearance in obedience to the recognizance; that will excuse the bail from the surrender of the principal at a subsequent term. •</p>

This action of assumpsit was tried before Maney, Judge, and a jury of Sumner county, on the plea of non-assumpsit, and resulted in a verdict for the plaintiff, Lockhart. McAuly, on affidavit filed, moved the court for a new trial, which was overruled and judgment rendered for the plaintiff. The defendant-appealed.

This is an appeal in error from the judgment of the Circuit Court of Lawrence county, in favor of plaintiff against prosecution bail, on a scire facias. The defendant appealed.

Enoch Ensley and others became the sureties of Jesse Bal-entine, a constable, for the discharge of his duties as such. Bal-entine appropriated large sums of money collected by him as constable, which his sureties were compelled to pay. In part discharge of their claim, Balentine conveyed to them a tract of land lying in Davidson county. The title was in the name of Charles Balentine, his father-in-law.

This action of trover was brought in the Circuit Court of Williamson, by Huddleston, a constable, against Currin, a trustee. Huddleston, a constable, levied on a horse, the property of one Bateman, by Ji.fa. and the horse was sent off to Williamson county, and was there levied on by fi.fa. at the instance of other creditors of Bateman, sold, and purchased by Charter. Charier conveyed the horse by deed of trust to Currin, as trustee for the benefit of his creditors.

This motion by Goodman against McMullen and his sureties was tried béfore Judge Martin'in the Circuit Court of Montgomery, and a judgment rendered against the defendant, from which he appealed. [In this case, the records do not show who appeared for the plaintiff in error, or defendant in error.]

Ewing instituted this action of debt against T. B. & L. C. Coleman, the maker and endorser of a promissory note, in the Circuit Court of Davidson county, and a verdict and judgment were rendered in favor of the plaintiff, Maney, Judge, presiding, from which the defendants appealed in error. cited and commented on 1 Metcalf, 43; 1 Nott & M’Chord, 444; 7 N. Hampshire, 201; 4 Greenleaf, 479.

Fountain instituted an action of covenant against Hopson, in the Circuit Court of Montgomery county, on an obligation for the payment of Mississippi bank notes. The case was submitted to a jury without a plea, and a verdict rendered in favor of the plaintiff for the sum of $309 damages, and judgment rendered thereupon. There was no bill of exceptions or appeal from the judgment. The defendant filed a transcript of the record in the Supreme Court, and prayed a writ of error.

This case was brought by appeal from a Justice of the Peace to the Circuit Court of'Warren county,'where it was tried before Judge Marchbanks and a jury of Warren county, and resulted in a verdict in favor of the plaintiff for the sum of $23. A motion for a new trial was made and overruled, and defendant appealed.

Page recovered a judgment against Marrigan for $100, before a Justice of the Peace of Davidson county. The defendant appealed to the Circuit Court, where the case was submitted to a jury; Maney, Judge, presiding.

Brown & Williams instituted this' action of assumpsit in the Circuit Court of Davidson county, against McGavock, and it was submitted, on the plea of non-assumpsit, to a jury. at. the May term, 1842, and resulted in a verdict for the plaintiffs, for the sum of two hundred and eighty-six dollars, On motion of defendant, this verdict was set aside.

Clark was indicted for perjury in the Circuit Court of Wilson county, and his case was submitted to a jury; Judge S. Anderson presiding. The defendant was on bail and was not ordered into the custody of an officer when the trial began, but was permitted to go at large. The jury came into court for the purpose of giving in their verdict. The defendant, not being present, was called and did not appear.

This presentment was tried by Judge Dillahunty and a jury of Maury county, and resulted in a verdict and judgment for the defendant, from which the State appealed.

The grand jury of Williamson county, at the July term of the Circuit Court, 1843, returned a bill of indictment against Watkins, charging that Watkins, on the 21st day of July, 1843, with force and arms, in the county of Williamson, entered into the possession of B. B. Loon, and then and there forcibly took and carried away out of the possession of said Loon, his man slave called Allen, the property of said Loon, and him, the said slave Allen, with like force, detained from…

<p>The defendant has no right to impeach by plea the information of the grand juror upon whose knowledge a presentment is made.</p>

This action of trover was submitted to a jury of Davidson county on the plea of not guilty, Judge Maney presiding, and resulted in a verdict for the defendant. The plaintiff appealed. The facts are all stated in the opinion of the court.

This motion was heard in the Circuit Court of Sumner, S. Anderson, Judge, presiding, and judgment rendered for the defendants, from which plaintiffs appealed. It is contended, that the receipt of a part of the money by plaintiffs upon an alias fi. fa. is a waiver of any right of action against the sheriff for an insufficient return made of the previousfi.fa. The proof shows, that in point of fact there was no waiver. Was there none in law.

' Henry, a slave, was Indicted for an attempt to commit a rape, and tried by Judge Martin and a jury of Stewart county, and convicted. He appealed. The facts are stated in the opinion of the court.

<p>This is an appeal in error from a judgment of the Circuit Court of Sumner county.</p>

Powers was indicted, in the Criminal Court of Davidson county, for passing counterfeit coins, arid was tried and convicted, Turner, Judge, presiding, and sentenced to 3 years imprisonment in the penitentiary. He appealed.

<p>The act of 1841, entitled “an act to suppress illegal voting authorizes grand juries to bringbeforethem,by subpeena, the judges, inspectors, clerks and officers of elections, for the purpose of presenting offences against the act. It does not extend the power to the jury to bring forward any witnesses except those specifically named in the act.</p>

Abel Litle was shot about twelve o’clock at night, in a still-house belonging to him, which was situated on the highway, in Bedford county. He died instantly, The assassin fled. Whitehead was suspected, in consequence of the hostility which existed between him and Litle and other circumstances, of being the perpetrator, arrested and indicted. The indictment contained three counts. The first charged him as principal.

This indictment was found by' the grand jury of Dickson county, against the defendant, Parish, administrator of W. Parrish, deceased, and an agreed .statement of facts submitted to the court, and a judgment rendered in favor of the .defendant, from which Johnson, Attorney General, appealed on behalf of the State.

<p>This is an appeal from an order in Chancery at Columbia, Bramlitt, Chancellor, presiding.</p>

Isaac, a slave, was shot in his cabin, in Dekalb county, about 12 o’clock at night, whilst asleep on the floor, and died of the wound. Jim, from his previous threats to commit the deed, and other circumstances, was arrested as the perpetrator, indicted, and at the April term, 1843, of the Circuit Court of De-kalb county, Judge Caruthers presiding, he was found guilty by a jury.

White recovered four judgments before a Justice of the Peace of Giles county, against W. R. Brown and I. E. Brown. These judgments were obtained on obligations made to White by the Browns. Both appeared as principals on the face of the instruments. W. R. Brown procured Harris to stay execution: Ira did not join in this application to Harris. It does not appear that Harris was aware of the fact that I. E. Brown was only a surety.

The transcript of the record of a judgment rendered in the Circuit Court of Davidson county, in favor of James and Sarah Green, against Moore, was filed in the office of the clerk of the Supreme Court, and assignment of errors filed and writ of error prayed.

Carman’s executor commenced suit in the Circuit Court of Wilson county, against Burton, Price, J. White, Ed. White, and L. White. Ed. White and J. White pleaded their discharge by virtue of a decree in bankruptcy, and a judgment was rendered in their favor. The other defendants pleaded usury, and introduced Ed. and J. White as witnesses to prove that the note sued on was usurious.

Woodson sold a tract of land to James G. Moody, and Moody delivered to him, in part payment of the consideration, several claims; and amongst others, a note for $144 16, executed by John W. Oliver, on the.2d day of February, 1842, and payable to R. H. Moody, and by him endorsed and delivered to James G. Moody. This note was dischargeable in notes of any of the banks of Tennessee.

This bill was filed in the Chancery Court at McMinnville, and was tried by Chancellor Williams, at the July term, 1843, on bill, answer, replication and proof. He dismissed the bill, and complainant appealed.

<p>1. The execution of a bond as required by statute is a necessary prerequisite to the issuance of an attachment bill; and where the bond is not such as is required by the statute, it isthesame thing as though there was no bond; and in either case,a motion to dismiss is the proper remedy.</p> <p>2. The question of the right of complainant to amend an attachment bond, cannot be made in the Supreme Court, unless a motion to amend was made in the Chancery Court.</p>

In 1820, two hundred and twelve acres of land, lying in Van Burén county, was sold by Martin Johnson to Uriah York, which included the land in controversy. He gave York a bond for title. Bright, the defendant in this case, then had possession of the land as tenant of Johnson, and continued his possession under York.

This action of covenant was instituted in the Circuit Court of Wayne county, and judgment was rendered (Totten, Judge, presiding,) on demurrer in favor of the defendant, from which the plaintiff appealed.

In 1836, the legislature chartered the Nashville and Nolens-ville Turnpike Company to construct a Turnpike Road from Nashville to Nolensville, in Davidson county. This road was constructed; and from the town of Nashville, two miles, it occupied the bed of an old road, called the Nolensville road, except in a few places where the Nolensville road was crooked.

This case was heard at the September term, 1843, of the Chancery Court at Columbia, Chancellor, Bramlitt, presiding, on bill, answer, replication and proof. He was of the opinion, that complainant had no equity, and dismissed the bill. Complainant appealed. The facts are all stated in the opinion of the court. cited 6 Paige, 521; McNairy vs. Eastland, 10 Yerg. 310; 3 Hump. 547; 1 John. Ch. Rep. 413, 420; Story’s Eq. 633; 4 John.

<p>The records do not show who appeared for the defendant,</p>

This case was abated by the death of complainant, and a decree was entered up against E. Eliff and J. Eliff, the sureties in the injunction bond, Bramlitt, Chancellor, presiding. A-transcript of the record was filed in the office of the Clerk of the Supreme Court, and writ of error moved for.

Burger recovered-judgment against Paris; executions were issued and levied on four hundred acres'of land belonging to Paris, lying in the county of Delia] b. The land .was sold, and Burger became the purchaser,’ received a deed from the Sheriff, and instituted an action of ejectment against Paris, in the Circuit Court of DeKalb county, to recover possession. The case was submitted to a jury at-the April term, 1843,=Judge Caruth-ers presiding. .

This action on the case was instituted in the Circuit Court of Davidson county, by Hicks, Ewing & Co. against the President, Directors & Co. of the Union Bank, at the May term, 1843, and a verdict and judgment were rendered in favor of the plaintiffs, Maney, Judge, presiding, for the sum of $2877. The Bank appealed.

<p>The 8th section of the act of 1836, ch. 43, giving an attachment in equity to an accommodation endorser or security against the principal, does not confer the remccty on a subsequent endorser against ti prior endorser.</p>

<p>A Court of Chancery has no power to impound the property of the defendant, who is about to remove the same beyond the’jurisdiction of the court, for the purpose of holding it to satisfy the judgment of a court of law.</p>

<p>A joint action oi debt lies against the persons who have bound themselves by the ¿ame writing, to pay a sum of money, the one with, and the other without seal,</p>

<p>Aii action of assumpsit will lio on an assignment of a bill singlo, under seal of assignor* which waives demand and notice.</p>

This action of covenant was instituted in the Circuit Court of Wayne county, and a judgment was rendered on demurrer in favor of the defendant, from which the plaintiff appealed.

<p>To render an endorser liable, who ¡9 discharged by the neglect of the holder to gy/H notice, there must be satisfactory proof to show, that the promise was made with a full knowledge of the discharge. It must not be left to snrmiso. It is wholly immaterial whether his ignorance of his discharge was the. result of his ignorance nf the law or the facts which discharged him.</p>

This action of debt was instituted in the Circuit Court of Williamson county, by the President and Directors of the Union Bank against Jabez Owen as the endorser of a promissory note. The case was submitted to a jury, Judge Maney presiding, and resulted in a verdict and judgment for the defendant. The Bank appealed.

This action of debt was brought in the Circuit Court of Williamson County, by H. Perkins, executor, against T. Perkins; Maney, Judge, presiding. A verdict and judgment were rendered against the plaintiff, from which he appealed.

At the September term, 1841, of the County Court of Maury county, Eliza Dodson, the widow of William R. Dodson, presented for probate the alleged nuncupative will of said Dodson, deceased. At the next term of the court, Baker, and wife, who was a sister of the deceased, appeared, and others, the brothers and sisters of deceased, and contested the said alleged will; and an issue having been made up, the case was certified to the Circuit Court of Maury county for trial.

<p>The defendant pleaded debet, payment and set-off in shoi*t, to an action of debt; and plaintiff filed replications to the pleas also in short; and the jury returned a verdict that the defendant owed the debt in the declaration mentioned. Held, that this verdict did not dispose of the whole defence, and could not stand.</p>

The record in this case having been mislaid, the reporter is unable to give any fuller statement of facts than that contained in the opinion of the court.

John McNairy and Francis McNairy were the joint owners of a jackass. A judgment was obtained in the Circuit Court of Davidson county by Stout against John McNairy, and a fi. fa. was issued thereupon, and levied on the animal, by Rains, sheriff of Davidson. F. McNairy attended on the day of sale and forbade the same, but the sheriff sold the entire interest in the animal and delivered him to the purchaser.

This is an appeal from the judgment of the Circuit Court of Wayne county. It is objected, that the declaration shows that the bond is payable to Newton Cannon, Governor, and his successors in office, and the action is brought byjRachel Cannon, administratrix.

This bill was filed in the Chancery Court at -Clarksville, and was heard on bill, answer, replication and report of the Clerk and Master at March term, 1843, Chancellor McCambell presiding. He allowed the value of improvements to complainants, and decreed accordingly, from which the defendants appealed. See 5. John. 388, 416; 3 A. K. Marshall, 389; 4 Bibb; 3 Dess. 245; 6 Monroe, 557; 2 Bibb, 45; 3 Bibb, 289; 1 A. K. Marsh. 389.

This is an action of debt, for rent, instituted in the Circuit Court of Davidson county, by Wyatt against Richmond, on ,- the 4th day of December, 1840. The record shows, that the cause was continued at the January term, 1842, on the affidavit of plaintiff. . At the January term, 1843, the defendant moved the court for leave to file an additional plea. He tendered the plea.

This was a bill filed in the Chancery Court at McMinville, by Black, administrator of Coffee, deceased, against the widow, distributees and creditors of the deceased, suggesting the insolvency of the estate, and praying for a settlement of the estate according to law. The bill stated, that the Planters’ Bank had recovered a judgment against Coffee in his life time, for $5371., in the Circuit Court of Davidson county, on the 14th day of September, 1842.

This bill was filed in the Chancery Court at Franklin. A decree was rendered in favor of the complainant by Chancellor Bramlitt, from which the defendants appealed.

This bill was filed by Wood, Abbott and others in the Chancery Court at Murfreesborough, against Morgan, Allison and others, and was heard on bill, answers, replications and proof, at the June term, 1843, before Ridley, the presiding Chancellor. He dismissed the bill, and the complainants appealed.

This is an action of assumpsit, instituted in the Circuit Court of Rutherford county, by Massey, an assignee of a note against Gooch & Farriss, who were accommodation endorsers. It was tried at the July term, 1843, by Judge Maney, and a jury of Rutherford county, on the pleas of non-assumpsit and usury, and a verdict and judgment were rendered in favor of the plaintiff, from which the defendants appealed. Sec 10 Yerg. 429, 41.7; 1 Hump. 468; 2 Yerg. 463.

Faris sued Green administrator of Green, and Dyer, in the Circuit Court of Franklin county, on an endorsement of a promissory note by the intestate, and at the March term, 1843, a judgment was rendered on demurrer in favor of the defendants. The plaintiff appealed.

McLarin was .indicted in the Circuit Court of Lawrence county, for perjury; and on the plea of not guilty, the case was submitted to a jury at the October term; -1-841; Dunlap, Judge, presiding. The defendant was convicted, and sentenced to three years imprisonment in the Penitentiary. From this judgment he prosecuted an appeal.

This is a motion which was made in the Circuit Court of Wilson county, Dillahunty, Judge, presiding, by Lester, Sheriff, for instructions in reference to the distribution of certain funds in his hands, collected by virtue of an execution. The facts are detailed in the opinion of the court.

This bill was filed in the Chancery Court at Clarksville, and a decree rendered in favor of the defendant on a demurrer to the bill, from which the complainant appealed.

This action was tried on the plea of non est factum, beforé Judge Dillahunty, and a jury of Maury county, and resulted in a verdict and judgment forthe defendant, from which the plaintiff appealed.

<p>The widow and heirs of Alexander sold a tract of land belonging* to deceased in his lifetime to Perry, and gave him a bond to convey title on payment of the purchase money. The notes were taken payable to the widow; and this bill was filed by her alone, to enforce the payment of the purchase money: Held, that the heirs were necessary parties, and that a sale of the land under a decree, would not convey the title to the purchaser.</p>

This bill was filed in the Chancery Court at Shelbyville, by Joseph Robinson, administrator of John Robinson, deceased, against David Robinson and others, the distributees of said John Robinson.

This action of assumpsit against Campbell, as endorser, was instituted in the Circuit Court of Williamson county, and on the plea of non-assumpsit, and special pleas of non est factum, it was submitted to a jury, Maney, Judge, presiding, at the July term, 1843, and a verdict and judgment rendered in favor of the defendant. The plaintiff appealed.

This bill was filed by Gilliam against Bransford, in the Chancery Court at Franklin, to enjoin the collection of a judgment obtained upon a note given for the hire of a slave. The case was heard before Bramlitt, Chancellor, on bill, answer, replication and proof. He dismissed the bill, and complainant appealed. See 2 Vernon, 122; 1 Maulé & S. 517; 1 Burrow, 120; Chitty on Bills, 97; Story on Bills, 185.

This suit by warrant was instituted in the county of Franklin, before a Justice of the Peace thereof, by Burt against England, and a judgment was rendered for $85, on a note signed “England & Hobbs.” England appealed to the Circuit Court and the case was submitted to a jury at the November term, 1843; Marchbanks, Judge, presiding. The facts are all stated in the opinion of the court.

Hopkins, Hall and others filed their bill in the Chancery Court at Gallatin against the “Gallatin Turnpike Company” and a part of the stockholders only, alleging that they were too numerous for all to be made parties, on the 28th day of February, 1842. On the 10th day of March, 1842, Hanna and others filed their bill against the company and’ the stockholders, in the same court. On the 15th day of March, 1842, James Key filed his bill against the company.

This action of assumpsit was instituted in the Circuit Court of Maury county, by the Union Bank, against Osborne, as endorser of a promissory note. Osborne pleaded non est factum, and an issue thereupon was submitted to a jury at the January term, 1843, Dillahunty, Judge, presiding. A verdict and judgment were rendered in favor of the defendant. The plaintiff appealed.

<p>1. Though the same strictness in pleading be not required in Courts of Chancery as in Courts of Law; yet to authorize a decree in favor of complainant, the facts on which a decree is sought must be set forth in the bill, or in the answer.</p> <p>2. The bill alleged a joint ownership of the estate sued for in complainants, and the proof showed an ownership in one of them: Held, that complainants were entitled to a joint decree for the estate.</p> <p>3. Where one of several joint owners of slaves, illegally sells the slaves, the others have a right of action against the vendor, but no trust results when the proceeds is vested in other slaves or estate.</p> <p>4. Where the estate of A was sold by B, and the proceeds vested in other estate in the name of B, under circumstances which created a resulting trust in favor, of A, the equitable estate of A could not be reached by ft. fa. at the instance of his creditors.</p>

Macon was the owner of a slave, Jack, and permitted Jack to go about the country practising medicine, and with the purpose of healing the sick. He was indicted imthe Circuit Court under the act of 1831, ch. 103, sec. 3, pleaded not guilty, and at the January term, 1844, the case was submitted to a jury, Dunlap, Judge, presiding.

John Ingram made an application by petition, to the county court of Madison, to lay out a road in the said county.

Covenant by Marberry against McAlister, in the Circuit Court of Obion county. McAlister pleaded two pleas, which were demurred to; the demurrers were overruled by Harris, the presiding Judge, and a writ of enquiry awarded; damages assessed;.judgment rendered, from which McAlister appealed.

Davis committed a larceny in the city of Memphis, prior to the passage of the act establishing a Criminal Court there. He was found guilty by a jury in the Circuit Court of Shelby county, Dunlap, Judge, presiding. He moved in arrest of judgment on the ground, that all laws giving power to the Circuit Court of Shelby county, to try him, had been repealed by the 10th section of the act establishing the Criminal Court.

At the November term, 1842, of the Circuit- Court of Henderson county, the grand jury returned a presentment, which charged, that James Priddy, Granville Priddy, James Ray and W. Eubanks, within the county of Henderson, on 25th day of July, 1842, “with force and arms, being unlawfully assembled together, and arrayed in warlike manner, then and there, in a public place, unlawfully and to the great terror and disturbance of all the good citizens of said State, then and there…

Ward gave notice to Ridgeway, a Constable, and his sureties, that he would move against them for judgment, before a Justice for the failure of Ridgeway to return executions. Two judgments were rendered by the Justice against Ridgeway and thesureties. Theyappealed to the Circuit Court of Weakly county.

Ejectment by Taylor against Cozart for 110 acres of land, in Carroll county. It was tried by Judge Totten and a jury of Carroll, at the January term, 1844.. Taylor introduced a record of a judgment by Taylor against Cozart, in the District Court of the United States, at Jackson, and a Marshal’s deed.

This petition for a mandamus to the entry-taker was heard before Read, Judge, on petition, answer, replication and proof. The petition was dismissed, and plaintiff appealed.

Gillespie filed this petition for a mandamus in the Circuit Court of Madison county, for the purpose of compelling Wood, the entry taker of said county, to receive a location and make an entry of 140 acres'of land lying in Madison county. Wood, the entry taker, refused to receive the location, on the ground that the land had been previously appropriated by Douglass.

Oliver and Collins having matters in controversy, agreed to submit- them to Caviness, West, Phillips and Easton, and any others they might select. The parties signed a bond, each to the other, for the sum of $100, to be void on condition they should abide by and perform the award. Smith, Phillips and Caviness sat and heard the proofs of the parties, and awarded the sum of fifty-seven dollars and forty-five cents to Oliver.

The grand jury of Henderson county, at the July term, 1842, returned a bill of indictment against Newton Pybass, which charged that he (said Pybass,) on the 25th day of March, 1841, with force and arms, in the county of Henderson, feloniously, wilfully, unlawfully and maliciously, did set fire to the house of one Stacy Roach, there situated, with the intent, then and there, thereby to injure said Stacy Roach, against the statute, &c. and that John Pybass, before the felony…

Cooney recovered a judgment against Wade before a Justice of the Peace in Gibson county, on the 28th day of February, 1839. A ft. fa. was issued on the 7th day of July, 1842, for sixty-three dollars and seventy-nine cents.

This action of debt was tried at the May term, 1843, of the Circuit Court of Madison county, before Judge Read, and judgment rendered in favor of the plaintiff, from which the defendants appealed in error.

Debt, in the Circuit Court of Gibson, by Sweasy against Harvey & Claxton, ón a note, to which there was a verified plea of nil debet, and issue was taken thereon. It was tried before Harris, Judge, and a'jury of Gibson, at the November term, 1841, and a verdict was returned in favor of the defendants, and a motion for a new trial was made and overruled, and judgment rendered, from which the plaintiff appealed in error. All the facts are stated in the opinion of the court.

Scruggs sued Degraffenreid in trover, in the Circuit Court of Fayette, to recover the value of a cotton gin. Plea, not guilty, and issue. Held: that an agricultural tenant who had erected fixtures for the convenient occupation of his farm, was not entitled to remove them.

<p>1. Where a Circuit Judge orders a prosecution ox officio, it is not necessary that the order should show that it was made upon an examination of witnesses. If the order be made, it will be presumed to have been made as the statute directs.</p> <p>2. No indictment for larceny lies in the courts of this State, where the property has been stolen in another State and brought by the thief into this State.</p> <p>3. Where the thief is found in possession of the goods in this Slate, the presumption is, that the larceny was committed in the Stale, and if he wisheslo evade a trial, he must show they were stolen in another. ,</p>

In this case a judgment was rendered by a Justice of the Peace of Perry county, in favor Hancock, assignee, against Wood. Wood appealed, and at the January term, 1844, of the Circuit Court, Totten, Judge, presiding, a verdict was rendered in favor of the defendant. The plaintiff appealed. The facts are stated in the opinion of the court.

A verdict and judgment were rendered in this case, in the Circuit Court of Fayette county, in favor of the plaintiff, Lacy, against Halloway, (Dunlap presiding Judge,) from which the plaintiff appealed.

This' motion was made in the Circuit Court of Fayfette county, by N. Atkinson, sheriff, against his deputy, Johnson, and sureties, for a failure to pay over taxes collected by- him as deputy- The defendant, by his attorney, after a continuance, moved for a second, on the ground of a letter from the defendant, stating that one of his children had just died and another member of his family was sick, and that his presence was necessary in the trial of his case.

This action was tried by Judge Dunlap and a jury of Tip-ton county, and a verdict and judgment rendered in favor of the plaintiff, Kelly, against Horn, the Sheriff of Tipton county, and his Jailor, Cain, for the sum of $400. The defendants appealed.

This motion was made at the January term, 1844, of the Circuit Court of Perry county, by the Attorney General, in the name of the State against the Sheriff and his sureties, Tot-ten, Judge, presiding. A judgment was rendered in favor of the State, from which the defendant appealed. All the facts in reference thereto, are stated in the opinion of the court.

This case was tried by Judge Totten and a jury, and a verdict and judgment rendered against the prisoner, from which he prosecuted an appeal.

■ Ejectment for 3840 acres of land in Obion county, by S. Spellings and Mary Parks against Rogers. The defendant, upon affidavit filed, moved that the attorney prosecuting the suit be requested to exhibit his authority for so doing. This motion prevailed, and an order in conformity therewith was made; and that if the authority should not be produced, that the suit should be dismissed.

This bill was filed in the Chancery Court at Sommerville, to enjoin proceedings in an action of ejectment instituted by Nelson & Dickinson against the complainant. The defendants demurred to the bill, and the demurrer was overruled by the presiding Chancellor, McCampbell. The defendant appealed.

This action was tried at the September term, 1843, of the Circuit Court of Fayette county, before Judge Dunlap and a jury of Fayette, and a verdict and judgment were rendered for the plaintiff, from which defendant appealed. 1 Starkie, 434; Bristow vs. Wright, 665; 2 Starkie, 444. 1 Chitty’s PI. 369, 402; 5 Taunt. 27; 4 M. & S. 349; 6 East. 437.

This bill was filed in the Chancery Court at Sommerville, and was heard on bill and demurrer thereto, at the May term, 1848. The demurrer was sustained, and the bill ordered to be dismissed. From this decree the complainant appealed.

This bill was filed in the Chancery Court at Huntingdon, by Raines against Jones & Gillespie, and having been continued from time to time, by reason of the incompetency of the Chancellor to try it, it was transferred to the Supreme Court. It was heard on bill, answer, replication and proof. All the facts are set forth in the opinion of the court.

Trigg commenced this action of trespass on the case in the Circuit Court of Fayette county, against Hally, on a protested bill of exchange drawn by Hally in his favor, and also for cotton sold and delivered. Plea, non-assumpsit, and issue. It was submitted to a jury of Fayette county, Dunlap, Judge, presiding, at the September term, 1843.

This bill was filed by Eliza Payne against W. L. Payne, in the Chancery Court at Sommerville, for a divorce and for alimony. W. L. Payne had several children by a previous wife, and a considerable estate when he married the complainant Eliza. She had also some estate, consisting of slaves and other property. They had three children. The complainant in consequence of continued personal indignities and abuse, abandoned the defendant and filed this'bill.

This_petition was filed in the Circuit Court of Obion county, and was tried by Judge Harris, at the February term, 1844. He ordered a peremptory mandamus to the entry-taker as to the small tract proposed to be entered, and dimissed the petition as to the extension entry.

This motion, by the Chairman of the County Court of Perry county, against the sureties of the former Trustee of the county, was tried by Judge Totten, at the February term, 1843. He gave judgment in favor of. the defendants,' from which the Chairman appealed in error.

This bill was filed in the Chancery Court at Trenton, by Belew against Clark, for the purpose of rescinding a contract for the purchase of a slave, and to enjoin the collection of a note given therefor, on the ground of a fraudulent warranty of soundness of mind. On the 23d day of February, 1839, Hurt sold and delivered the negro girl, Martha, to Clark. The bill of sale represented her to be about six years of age, and warranted her to be sound.

Fowlks sued Long in the Circuit Court of Obion county, for defamatory words spoken of him.

This case was tried on bill, answer, replication and proof at the February term, 1844, of the Chancery Court at Dresden, by McCambell, Chancellor. He dismissed the bill — complainant appealed.

<p>1. The hearsay testimony of the living members of a family, and the hearsay of its deceased members, as to who were their ancestors, and as to the periods of their deaths, are entitled to more weight than the hearsay of persons unconnected with the family.</p> <p>2. On a motion for a new trial the affidavits of jurors will not be received for the purpose of showing that the jury misunderstood the charge of the court.</p>

Assumpsit, by the F. & M. Bank in the Circuit Court of Tip-ton, against Harris, as endorser. Plea, non-assumpsit, and issue. It was tried at the June term, 1840, and -verdict and judgment given for the defendant, from which the Bank appealed. This judgment was reversed and the cause remanded. See 2 Humphreys, p. 811.

On the 1st day of March, 1841, William L. Paine presented a petition to William C. Dunlap, one of the Judges of the Circuit Courts of the State of Tennessee, in which he stated that his wife, Eliza Paine, had abandoned him and taken with her his three children, Henry, Sarah, and John, minors, and that she detained them from the custody and possession of the petitioner, and praying the issuance of the State’s writ of habeas corpus, commanding the said Eliza to bring the said…