Volume 35 — Tennessee Reports

PROM CLAIBORNE. At a term of the Circuit Court of Claiborne county, held during the year 1847, a judgment nisi was rendered against the defendant for non-attendance as a witness in a suit therein pending, in which the plaintiff in error was plaintiff. No scire facias issued from that term, and the plaintiff neglected to sue out that writ until January term, 1854, when scire facias was issued, executed and returned.

3PBOM CillEENB. A judgment was recovered by Robert Mason against Washington Keys for $5.69, before John Davis, Esq., an acting justice of the peace for Greene county, on the 2d day of January, 1855, which was brought by appeal into the Circuit Court of said county. At the Juno Term, 1855, the cause was submitted to Judge Hynds upon an agreed state of facts, for judgment, as to tbe validity of said justice’s judgment. These facts fully appear in the opinion.

erom MEIGS. This action of forcible entry and detainer was instituted by the plaintiffs in error, in the Circuit Court of Meigs county, at the March Termj 1851, whence it was brought by change of venue into the Circuit Court of McMinn. At the August Term, 1855, of the latter Court, before Judge Hynds, there was verdict and judgment for the defendants. The plaintiffs appealed in error.

EBOH B.OASTE. This action of trespass vi et armis is from the Circuit Court of Roane county. At the March Term, 1855, before Patterson,' J., there was verdict and judgment for the plaintiff, Brown. . The defendant appealed in error. -

3?ROM KNOX. This was an action of trespass — quare clausum fregii — instituted before a justice of Knox county, and brought by appeal into the Circuit Court of said county. At the October Term, 1854, before Alexander, J., there was verdict and judgment for defendant. The plaintiff appealed in error.

EROM GRAINGER. This action of slander is from the Circuit Court of Grainger county. At the August Term, 1854, before Hynds, J., there was verdict for the plaintiff below, upon which judgment was rendered. The defendant appealed in error.

EBOM KNOX. This was* an action on the case, instituted in the Circuit Court of Knox county, in May, 1852, by Rebecca Meek, sr., against Marcus C. Parker, for debauching Rebecca Meek, jr., the daughter of the plaintiff. The seduction occurred on the 10th of August, 1851, at the house of her father, and the said Rebecca, jr., was delivered of a child in April, 1852.

EROM MARIOS. The plaintiff brought his action of trespass in the Circuit Court of Marion against the defendants, in which James S. Havron was his security for costs. At November Term, 1854, said Havron made application to the Court, to require said plaintiff to give other security. The application was based upon affidavit, which-stated that the affiant had given the plaintiff more than ten days notice of the proceeding. No notice in writing, however, was produced.

EKOM CAMPBELL. This is an action of trover from the Circuit Court of Campbell county. At the June Special Term, 1855, before Judge Hykds, there was verdict and judgment for the plaintiff. The defendant appealed' in error.

PROM CAMPBELL. This action of covenant upon the instrument copied into the opinion of the Court, was submitted to a jury before Patterson, J., at the April Term, 1855, of the Circuit Court of Campbell. The chief question involved, arose on a plea of set-off, the subject of which is also copied into the opinion. There was verdict and judgment for the- defendants, and an appeal in error by the plaintiffs

FROM CAMPBELL. This is an appeal in error, from a judgment of the Circuit Court of Campbell county, Judge Hynds presiding. The facts are fully given in the opinion. -, for the plaintiff.

EROM MCMINN. This was an action of debt from the Circuit Court of McMinn, Yerdict and judgment at December Term for defendant, before Goodall, J., and appeal in error by the plaintiff.

EEOH CIAIBOBNE.' This action of detinue is from the Circuit Court of Claiborne. The plaintiff below sued the defendant in trover for the same cause of action involved in this suit, before a justice of said county, who gave judgment against the plaintiff. This judgment in trover was erroneous, obtained by fraud, and wholly unsupported by the proof — but was acquiesced in, and stands unappealed from.

ER.OM ICNOX. This was a motion against the Clerk of this Court, on behalf of a witness, for the recovery of costs improperly paid over by said Clerk to the plaintiff, in a, suit decided at a recent term of the Court.

EB.OM JEEEERSON. The defendant was indicted in the Circuit Court of Jefferson county, for illegally voting in the judicial election of 1854. The offence is created by the 8th section of the act of 1854, ch. 32, which is in these words: “Persons illegally voting for any of said officers, shall be liable to indictment or presentment, &c.” The indictment charges, that the defendant did unlawfully vote, &c., reciting the reason of his disqualification as a voter.

M.OSI HAWKINS. The plaintiff was indicted in the Circuit Court of Hawkins for an assault. At January Term, 1855, before Patterson, J., there was a verdict of guilty. His motions in arrest of judgment and for a new trial being made and overruled, judgment was rendered against him, from which he appealed in error to this Court.

EROM CAMPBEEti. This action of trover, commenced by Miller against Dossett, before a justice of the peace of Campbell county, was brought by appeal into the Circuit Court of said county, where it was tried before Hynds, Judge, at the June Special Term, 1854. There was verdict and judgment for the plaintiff, and appeal in error by defendant to this Court.

EBOM BOANE. The defendant in error recovered a judgment against the plaintiff in error at the February Term, 18S4, of the Circuit Court of Roane county, in an action of trespass on the case. The latter . appealed in error to this Court, and by consent of parties, was permitted, by -order of the Circuit Court, Judge Gaut presiding, to file a bill of exceptions after the adjournment of the Court.

This was a petition filed in the Circuit Court of Claiborne for the purposes stated in the opinion. Judge Hynds disallowed the prayer of the petition,, whereupon the petitioner appealed to this Court.

EBOM CLAIBOKNE. The prisoner was indicted in the Circuit Court of Claiborne, for larceny. At September Term, 1854, before Judge Hynds, he was convicted and sentenced to the penitentiary. He appealed in error to this Court.

EEOM WASHINGTON. This action on the case, upon the instrument copied into the opinion of the Court, is from the Circuit Court of Washington county. At the June Term 1855, before Hynds, Judge, there was verdict and judgment for the plaintiffs. The defendant appealed in error to this Court. The former said: Is this undertaking absolute or collateral? This is matter of construction, and the rules for construing contracts apply: 1.

EROM MORGAN. The plaintiffs in error were convicted in the Circuit Court of Jiorgan county, at the July Term, 1854, before Alexander Judge, upon a presentment for unlawful gaming. Held: that only those tracks, which were kept under a license obtained after paying the license, were within the statute. These statutes are strictly in pari materia, and the propriety of constraing them together most evident.

moM MAKIOir. The defendants were jointly indicted in the Circuit Court of Marion county in a single count, for the offence of uttering obscene language in the presence of the public. At November Term, 1854, Judge Goodall, upon motion of defendant’s counsel, quashed the indictment. Attorney General Biubges, appealed in error to this Court.

EKOM MAMON. This action of ejectment was submitted to a jury before Alexander, Judge, at the March Term, 1854, of the Circuit Court of Marion county. There was verdict and judgment for the defendant, and plaintiff appealed in error to this Court.

FROM RHEA. This was an action for the recovery of rents and profits of land, originating before a justice of Rhea county and brought by appeal into the Circuit Court of said county. Upon the trial, the plaintiff produced the record of his recovery in an action of forcible entry and detainer, as evidence of his right of recovery in this suit.

PROM MCMINN.. This was' an action of debt, instituted in the Circuit Court of McMinn county, by Attorney General Bhidges, in the name of the State, to recover the penalty of $250.00, imposed by the act of 1835, cb. 13,' § 4, for exercising the privilege of standing a jack without license. At the April Term, 1855, before Gaut, J., there was verdict and judgment for the State. The defendant appealed in error to this Court.

PROM BLOUNT. Ejectment from Blount county. At January Term, 1855, of the Circuit Court, before Patterson, Judge, there was verdict and judgment for defendant. The plaintiffs appealed in error.

FROM ANDERSON. This was an action of trespass, quare clausum fre-git, instituted in the Circuit Court of Anderson county. At March Term, 1855, before Patterson, J., there was verdict and judgment for the plaintiff, from which the defendant appealed in error to this Court.

■ebom COCKE. This action of trespass was instituted in the Circuit Court of Cocke county by William Green, as next friend to John Green, a minor, under the pauper oath taken by the former. At the April Term, 1854, Judge Hynds dismissed the suit. The plaintiff appealed in error.

‘ÍKOJI -HornAN. This was a presentment by the grand jury of the county of Morgan, against tbe defendant, for public-profanity.

mOM GKAINGEB. The Bank of Tennessee sued the plaintiffs in error •in the Circuit Court of Grainger, upon a bill of exchange, in the following words and figures, to-wit: “ Grainger county, January 5th, 1854. Exchange for $1200.

THOM CLAIBORNE. This was an action of debt from the Circuit Court of Claiborne county, instituted upon the instrument quoted into the opinion. At the January Term, 1855, before Hynes, J., there was verdict and judgment for the plaintiff. The defendant appealed in error.

FROM GREENE. Tbis action on the case for a fraud in the sale o£ a horse, is from the Circuit Court of Greene county. At the February Term, 1854, there was verdict and judgment for the defendant. The plaintiff appealed in error.

i-bom MEIGS. This action of ejectment was submitted to a jury of Meigs county, at the April Term, 1854, of the Circuit Court, before Alexander, Judge. There was verdict and judgment for the plaintiff, from which the defendant appealed in error.

FROM GRAINGER. This was a bill filed in the Chancery Court at Rutledge in 1852, by the heirs and distributees of the late Jenkin Whitesides, against the defendant, as executor of Thos. Whitesides, deceased, who died in 1851, and the heirs and distributees of the said Thomas, for a general account of the administration of the estate of said Jenkin, of which said Thomas in his lifetime, was the administrator.

<p>FROM HAWKINS.</p> <p>This is an agreed case from the Chancery Court at Rogersville. The question is fully stated in the opinion.</p>

EROM HAWKINS. This bill was filed in Chancery at Rogersville, on the 24th of March, 1852, by the complainants, to obtain a decree for the partition of certain lands, claimed by them as tenants in common with the defendants, all of whom are heirs at law of John Groves, dec’d, the ancestor under whom the land was claimed. The defendants answer, asserting an exclusive right to the land in question. At the May Term, 1855, Chancellor Lucky dismissed the bill.

mu HAMILTON. This bill was filed at Harrison upon the facts and for the purposes stated in the opinion. At September Term, 1855, Chancellor Van Dyke decreed in favor of the complainants. The respondents appealed.

mOM HAWKINS. This was a proceeding in Chancery at Rogersville, to set aside a sale of a tract of land lying in Fay-ette county, which was sold under a decretal order of said Court in the case of McMimi’s Legatees vs. Joshua Phipps, Adm’r., upon the ground of an alleged fraudulent combination between the purchasers and others, to stifle competition among the bidders.

EBOM GEBENE. This was a bill filed at Greeneville, for the purposes stated in the opinion. At May Term, 1854, Chancellor Williams decreed in favor of complainant. Respondent appealed.

EROM GRAINGER. This was an appeal by the defendant, from a decree of the Chancery Court at Rutledge, granting a divorce and alimony in favor of the complainant. Pending the appeal in this Court the complainant died; and the question, as to the effect of her death upon the proceedings, is submitted to this Court.

FROM GREENE. This bill was filed at Greenville to obtain a construction of the will of John Gass, deceased, and to have the rights and interests of the legatees and de-visees under the same stated and declared. The appeal in this case is from that part of the Chancellor's decree construing a clause in the will, which sets apart a permanent fund in trust for th.e education of the children of “ Gass’ School District.” The clause is fully quoted in the opinion of this Court.

FROM GRAINGER. This case is from the Chancery Court at Rutledge. In the Court below there was a decree for complainants. The respondents appealed.

EROM WASHINGTON. This bill was filed at Jonesboro’ on the • 26th of March, 1851, for the purposes stated in the opinion. At November Term, 1854, Chancellor Lucky decreed in favor of complainant. The defendant appealed.

STROM HAWKINS. This bill was filad at Rogersville, upon the facts and for the purposes given in the opinion. The Chancellor allowed a demurrer to the bill, whereupon, the complainant appealed.

EROM WASHINGTON. This cause is from the Chancery Court at Jones-borough. At the November Term, 1853, before the Hon. Thomas L. Williams, Chancellor, there was a decree in favor of respondents. The complainant appealed.

ekom it earn®. This bill was filed in Chancery at Athens on the 23d of April, 1853, by the complainant against the respondent, Margaret A. Pettitt and others, heirs of Francis P. Pettitt, deceased, to have her interest declared and title vested in certain lands, which she claimed ' under an alleged resulting trust.

EROM OAHPBELI. This bill was filed in Chancery at Jacksborougb, for the purposes stated in the opinion. At June Term, 1855, Chancellor Lucky decreed in favor of respondent. Complainant appealed.

EROM GREENE. This bill was filed in. Chancery at Greeneville, upon the facts and for the purposes fully stated in the opinion of the Court. At the May Term, 1855, Chancellor Lhoicy decreed for the defendants, dismissing the bill. The complainant appealed.

EBOM CLAIBORNE. This bill was filed in Chancery at Tazewell, to obtain a construction of the will of the late William Bullard. The clause of the will upon which a construction was asked is quoted in the opinion. At June Term, 1855, 'Chancellor Lucky decreed against the complainant, whereupon he appealed to this Court.

EB03I poek. This was a bill filed in Chancery at Benton, upon the facts and for the purposes given in the opinion. At February Term, 1855, Chancellor Vandyke decreed in favor of complainant upon the right of redemption which is the main question. The respondent appealed.

IB.OM HAMILTON. This was .a bill filed at Harrison, to enforce the alleged mechanics’ lien of the complainants upon a certain tannery, for which the complainants had furnished and erected steam machinery. The defendant demurred to the bill, which Chancellor Yan Dyke sustained. The complainants appealed.

<p>IBOM JEJTEBSON.</p> <p>This cause is from the Chancery Court at Dand-ridge. At June Term, 1855, Chancellor Lucky dismissed the bill. The defendants appealed.</p>

PROM DAVIDSON. This was an action of trover, from the Circuit Court of Davidson county. Robert Bell, who was, at the time, the keeper of a livery stable in Nashville, hired a slave from George C. Cummings, for the year 1852-; tinder an ordinary contract of general hirey without reference to any particular kind of service for the employment of said slave.

EROM WHITE. This is an action of ejectment from the Circuit Court of White county. At the May Term, 1855, before Judge Goodall, there was verdict and judgment for the defendant. The plaintiff appealed in error.

PROM MONTGOMERY. This was an action of covenant from the Circuit Court of Montgomery upon the instrument embodied in the opinion of the Court. At the September Term, 1855, before Judge Pepper, there was verdict and judgment for the plaintiffs. The defendant appealed in error to this Court.

TKOM SMITH. The defendant brought his action in the Circuit Court of Smith county, on the 21st of November, 1849, against one Lipscombe. At the March Term, 1853, he obtained leave to amend his writ and declaration, by making the plaintiff in error a party defendant. The latter was accordingly summoned, and objected in proper form to the proceeding against him.

PROM DAVIDSON. The plaintiff in error was sued before a justice of the peace for a penalty, by the Corporation of Nashville, for erecting horse racks around the enclosure of the Court House in Nashville. The penalty is given by a city ordinance.

PROM PUTNAM. The prisoner was indicted in the Circuit Court of Fentress county for the crime of murder. The venue having been changed to Putnam county, he was arraigned, tried and convicted of manslaughter before Goodall, Judge, in the Circuit Court of said county, at the April Term, 1855. He was adjudged to suffer imprisonment in the Penitentiary for the period of six years, in accordance with the verdict, from which he appealed in error to this Court.

EBOH EENTEESS. This was an action of ejectment from the Circuit Court of Fentress county. At the June Term, 1855, before Goodall, J., there was verdict and judgment for the defendant. The plaintiff appealed in error.

EKOM JACKSON. This is ejectment from the Circuit Court of Jackson county, instituted on the 27th of June, 1853. At the July Term, 1855, before Goodall, Judge, there was verdict and judgment for the plaintiffs below, from which the defendants appealed in error to this Court.

EEOM SMITn. The plaintiffs in error were indicted in the Circuit Court of Smith county, for disturbing public worship. It appears that at the time of the alleged disturbance, the congregation, who had been engaged in worship, were in the act of dispersing. Some were in the church, others were outside, but all preparing to leave for their homes.

MtOM SMITH. Antha Dawson, widow of William Dawson, de* ceased, filed her petition in the County Court of Smith county, for dower in the lands of her deceased husband. The representatives and heirs of said decedent were made parties to said petition, which they did not resist.

FROM MAURY. This suit was brought by Kirk, as. administrator of Patton, in the Circuit Court of Maury county, against Mitchell and others, as executors, of their own wrong, to recover from them a sum of money which they demanded and received from the widow of said Patton, as creditors of the estate, knowing at the time they so received it, that no administration had been granted on said estate.

EKOM GILES. The plaintiff hired a slave to the defendant under a general contract of hire, for the year 1853. Both parties were at the time of the hiring, resident citizens of Giles county. There was no expressed stipulation between the parties as to the place where the slave, who was a blacksmith, was to be employed. Pending the term of hire, the defendant removed the slave for service to the county of Limestone, in the State of Alabama, where he died.

FROM HICKMAN. This was an action of debt, instituted before a magistrate of Hickman county. Two years after the magistrate’s judgment, the plaintiff obtained a writ of certiorari, and brought the case into the Circuit Court of said county. Several terms after the service of the supersedeas, the defendant moved to dismiss the certiorari, which the Court overruled.

PKOM GBUNDY. This action of ejectment was submitted to the Circuit Court of Grundy county, upon the agreed statement of facts embodied in the opinion of this Court. At the May Term, 1855, Judge Marchbanks rendered judgment in favor of the plaintiff. The defendant appealed in error.

FKOM MAURY. This was an action of trespass quare clausum fregit, instituted by Hill against Webster in the Circuit Court of Maury county. Held: “that the legal title and a right of entry are vested in the purchaser of land sold under a decree in Chancery, as soon as the report of sale has been-confirmed in the Court which ordered it.

EEOM DAVIDSON. This action on the case was instituted in the Circuit Court of Davidson, by Drake, to recover of James & Simpkins the value of a slave alleged to have been lost by the neglect and carelessness of said James & Simpkins.- The facts are given in the opinion of the Court. At September Term, 1855, before Judge Bax-teR, there was verdict and judgment for the plaintiff, from which the defendants appealed, in error, to this Court.

EBOH GOEEEE. At the January Term, 1855, of the Circuit Court of Coffee County, Judge Marchbanics presiding, upon motion to condemn for taxes certain lands and town lots reported by the collector of Railroad taxes for said county, it appeared that, as to a portion of the town lots so reported, the respective numbers were not given, and that, as to many of the tracts of land so reported, the names of the grantees and enterers were both omitted.

EBOM DAVIDSON. This was a suit by the corporation of Nashville against the plaintiff in error, instituted by warrant before a… Held: upon full and able consideration, that such an act was punishable by indictment. See 3 Pick., 26. See also, the cases of The King vs. Phillips, 6 East, 464; The King vs. Higgins, 2 East, 5. ■But we are not driven to mere argument, or the authority of the Courts, to find the power of the corporation of Nashville to enact this statute.

SB.OM MONTSOMEM. This suit was instituted by Adams against Williams, in the Circuit Court of Montgomery, to recover the value of eight hogsheads of tobacco, sold by the former to the latter, at a specified price per cwt., to be delivered in Clarksville.

PROM SUMNER. This bill was filed by the complainant as widow and devisee of William M. Blackmore, deceased, in the Chancery Court at Gallatin, seeking a construction of the will of said decedent, and praying that a house and and lot in Gallatin, which she claimed under said will, might be decreed to her. .The clauses of the will in controversy are cited in the opinion of the Court.

PROM DAYinsON. This was a petition filed by Alpha Young in the-County Court of Davidson, to be relieved from the-purchase of a slave sold under a decree of said Court-. The sale was on a credit of twelve months, and the petitioner executed his note with security, for the purchase money.

PBOjB EBANRMN. This bill was filed in Chancery at Winchester for the purpose stated in the opinion. At the August Term, 1855, Chancellor Ridley gave a decree in favor of the complainant, from which the defendants ap- ■ pealed.

EEOM WHITE. This was a bill filed in the Chancery Court at Sparta, on the 30th of April, 1855, by the Bank of Tennessee and the State of Tennessee against Anthony Dibrell and others, and Arthur Crozier, Comptroller of the Treasury, to subject a tract of land in the county of White, of which said Anthony Dibrell is alleged to be the equitable owner, to the payment of certain debts alleged to be due said bank from said Dibrell, and also to enjoin the respondent Crozier, as…

EROSI DAVIDSON. This bill was filed in the Chancery Court at Nash* ville, for the purposes stated in the opinion. At June Term, 1855, Chancellor Frierson decreed in favor of complainant. The respondent appealed.

ÍB.OM WILSON. This bill was filed by the complainant as administrator, with the will annexed of Levisa Saunders, deceased, 'in the Chancery Court at Lebanon, seeking a construction of said will and asking instructions in the distribution of said estate. The legatees and heirs at law of said Levisa Saunders are made defendants to the bill.

TROM MONTGOMERY. This bill and cross-bill were filed in Chancery at Clarksville. The State recovered a judgment nisi in this Court, at December Term, 1849, on a forfeited recognizance against Thomas Winn, entered into in the Circuit Court of Montgomery, to answer a charge of felony, upon appeal in error to this Court, and Emily Winn security, upon which scire facias issued, and final judgment was rendered at December Term, 1850.

PROM WILLIAMSON. This was a bill oí review, filed in Chancery at Franklin, upon the facts stated in the opinion. At the November- Term, 1849,* Chancellor Cahal, decreed for the complainant, from which the respondent appealed.

EBOM EENTKESS. This was an action 'of debt upon a sheriff’s bond, in the Circuit Court of Fentress county. At the October Term, 1855, there was verdict and judgment for the plaintiff, Goodall, Judge, presiding, from which the defendants appealed in error to this Court.

PROM HARDEMAN. Upon the petition of the relator, Gilbert D. T. Malone, his three children, alleged to have been unlawfuliy detained from him by the respondents, were brought by writ of habeas corpus before the Hon. John G. Humphreys, Judge of the 11th Circuit, pending the July Term, 1855, of the Circuit Court of Hardeman county.

3?BOM CAREOLE. This is an action of covenant from- the Circuit Court of Carroll county. The conditions of the bond1 sued on, and the other material facts of the case are sufficiently given in the opinion. At the December Term, 1852, before Fitzgerald, Judge, there was verdict and judgment for the defendants. The plaintiff appealed in error. The bond upon which the action in this case is-brought, is given under the act of 1835, ch. 84, § 2,. N. & C., 348.

FROM GIBSON. This action on the case is from the Circuit Court of Gibson county. At the November Term, 1855, before Fitzgerald, Judge, there was' verdict and judgment for the defendant. The plaintiff appealed in error.

JPROM DTKEB. This is an appeal in error by the defendant as -sheriff and revenue collector for the county of Dyer, and the securities on hi3 official bond, from a judgment of the Circuit Court of said county before Read, J., at the February Term, 1855, given against him, upon motion in the name of the chairman of the County Court for the county revenue of 1854.

ÍBOM HENRY. This action of assumpsit is from the Circuit Court of Henry county. At the January Term, 1856, before Fitzgerald, Judge, there was verdict and judgment for the defendant. The plaintiffs appealed in error to this Court.

VB.OM OBION. This was an action of ejectment, from the Circuit Court of Obion county. At the July term, 1855, before Judge Fitzgerald, there was verdict and judgment for the defendants, from which the plaintiffs appealed in error.

JBOM SHEX.BY. This was an action of debt, from the Circuit Court of Shelby county. At the January Term, 1856, before Judge Humpheeys, there was verdict and judgment for the plaintiff. The defendant appealed in error.

EKOM HENRY. This is an action of debt, from the Circuit Court of Henry county. At the May Term, 1850, before Fitzgerald, J., there was verdict and judgment for the plaintiff. The defendant, by writ of error, brought the cause into this Court.

EROM SHELBY. This is an action of trover from the Common Law Court at Memphis, At the November Term, 1854, before CaRuthers, Judge, there was verdict and judgment for the plaintiff. . The defendant appealed in error.

EROM WEAEXEY, This was an action of ejectment from the Circuit Court of Weakley county. At the . June Term, 1855, before Judge Fitzgerald, there was verdict and judgment for the plaintiff. The defendant appealed in error.

mow GIBSON. ' This was an action of debt, instituted in the Circuit Court of Gibson county, upon a promissory note for $1,000.00 payable by instalments, of 15 per cent, every six monthsv The note is made payable six months after date, and bears date of 30th December, 1853. This suit was commenced on the 10th of July, 1854. The declaration avers the whole amount to be due.

PROM DECATUR. The prisoner was arraigned at the March Term, 1855, of the Circuit Court of Decatur county, upon an indictment for malicious shooting. On the second day after the cause was submitted to the jury, the record shows that the jury returned into court and declared that they could not agree, whereupon “one of the jurors being withdrawn, a mistrial was entered,” and the case continued by consent until the next term.

PROM TIPTON. The plaintiff moved for judgment against the defendant, as sheriff of Shelby county, and the securities on his official bond, together with the representative of a deceased surety, at the May Term, 1855, of the Circuit Court of Tipton county, for the amount of an execution placed in the hands of said sheriff, and not returned by him. It seems that the execution was received by the sheriff within less than twenty days of the return day thereof.

EKOM S-HEEBY.. This was an action of trover, instituted by Wheat-ley,. as administrator de bonis von of H. J. Simmons, deceased, against Cheek, in the Common Law Court at Memphis. Said Simmons in Ms lifetime, and B. P. Brocket, were tenants in common of a slave, the subject oí this controversy.

PROM SHELBY. This action of assumpsit was instituted by Bullitt and Fairthorne, against Herron and Davidson, in the Common Law Court at Memphis. The facts are fully stated in the opinion of the Court. At July Term, 1855, before Caruthers, Judge, there was verdict and judgment for the plaintiffs. The defendant, Herron, appealed in error.

PROM SHELBY. This was an action of covenant, instituted in the Common Law Court of Memphis, against Gilmore and his securities, upon his official bond as sheriff of Shelby county, to recover a sum of money collected by him upon a claim under the jurisdiction of a justice of the peace, placed in his hands , for collection, and for which he receipted as sheriff. It seems that the money was collected by him without process, but he failed to pay it over to the plaintiff.

FROM HARDEMAN. The defendant in error, as administrator of D. M. McLeary, deceased, brought this suit before a justice of the peace of Hardeman county, to recover the amount of an account for medical services rendered the plaintiff in error, by said decedent in his lifetime. The last item of the account bears date 5th September, 1852. There was judgment by the justice in favor of the defendant in error for the amount claimed.

FEOM SHELBY. This was an action of debt instituted by Richardson, as administrator of Toole, in the Common Law Court at Memphis, against the plaintiff in error, to recover the amount of certain promissory notes executed by Gardner Frierson in the name of the firm of Fri-erson & Fowler, of which the plaintiff in error had been a member.

ER.OM MABisorr. This was an action of ejectment from the Circuit Court of Madison county, argued before this ..Court at the April Term, 1855, and continued under advisement until the present Term. The action was commenced on the 5th of January, 1853.

PROM SIIELBY. This action of replevin was brought by Bowman, against Hawthorne, in the Common Law Court of Memphis. The facts are sufficiently recited in the opinion of the Court. At the March Term, 1856, before Caruthers, J., there was verdict and judgment for the plaintiff. The defendant appealed in error.

S'iaOM OBiesr. This is an action of ejectment from the Circuit Court of Obion county. At the June Term, 1855, there was verdict and judgment for the plaintiff below, Jones, from whieh the defendant appealed in error.

EROM SHELBY. • This action of assumpsit, from the Common Law Court at Memphis, was commenced by attachment, by Arthur K. Taylor, against. Howell Harris and wife, for services rendered the latter as surgeon. The property attached was two slaves, which were replevied upon bond and security given.

FROM SIBSOH. The plaintiff stayed a judgment recovered by the defendant against one Elliott, before a justice of the peace for Gibson county.

TOOM MADISON. This was an action of assumpsit, instituted in the Circuit Court of Madison, by the Bank against Moore, upon a bill of exchange. The facts are sufficiently recited in the opinion of the Court. At the' January Special Term, 1856, before Judge Read, there was verdict and judgment for the defendant. The plaintiff appealed in error.

FROM SHELBY. This was ‘an action of debt, brought by Waldran against Worley and Richardson, as the maker and endorser of a promissory note, in the Common Law ‘Court of Memphis, the facts of which are fully stated in the opinion. At the November Term, 1855, before Oaruthers, Judge, there ms verdict and judgment for the plaintiff, -from which the defendant, Richardson, appealed in error.

JTtOM SHELBY. This was an action of assumpsit by Harris and others against Smith and others, fom the Circuit Court of Shelby county. At the January Term, 1855, before Judge Humphreys, there was verdict and judgment for the plaintiffs, and the defendants by writ of error, brought the cause into this Court.

FROM GIBSON. At the March Term, 1§55, of the Circuit Court of Gibson county, before Judge Fitzgerald, there was verdict and judgment in favor of the Bank of Tennessee, at Trenton, against Seay, as maker, and Boon and others, as endorsers of a promissory note in these words: “Trenton, May 13th, 1854. Four months after date, I promise to pay to the order of - twenty-two hundred and fifty dollars, at the Branch of the Bank of Tennessee, at Trenton. Yalue received.

KOM SHELBY. The complainants, the widow and children of John-W. Rison, deceased, filed this bill in the Chancery Court at Memphis, to recover of the defendants, merchants at Memphis, the proceeds of a policy of insurance, effected by the said' decedent in his life time upon his life. It seems that the insurance was effected by way of indemnity to the defendants for debts due them from the deceased, and that the policy had been regularly assigned by him to the defendants.

PROM PAYETTE. This bill was filed by the complainant at Somer-ville, upon the facts and for the purposes fully stated in the opinion. At the September Term, 1854, Chancellor Williams gave a decree in favor of the complainant, from which the respondent appealed. The canse was submitted to this Court at the April Term, 1855, but continued upon advisement until the present term.

3?KOH WEAKLEY. This was a bill filed in the Chancery Court at Dresden, upon the facts and for the purposes stated in the opinion. At the May Term, 1855, Chancellor Williams dismissed the bill. The complainant appealed.

EBOM HENDERSON. This bill was filed in the Chancery Court at Lexington, upon the facts and for the purposes stated in the opinion. At the December Term, 1855, Chancellor Pavatt gave a decree in favor of the complainant. The defendant appealed.

<p>J?BOM SHEI.BT.</p> <p>This bill was filed in Chancery at Memphis. At December T£rm, 1855, Caruthers, Chancellor, dismissed the bill. T£te complainants appealed.</p>

EG.OM DYER. This bill and cross bill were filed in the Chan-cerry Court at Dyersburg. The opinion of the Court contains a sufficient recital of the facts. At the November Term, 1855, Chancellor Williams gave a decree in favor of the defendant. The complainant appealed.

roost SHELBY. This bill was filed in the Chancery Court at Memphis, upon the facts and for the purposes fully stated in the opinion of the Court. At the May Term 1855, before Chancellor Pavatt, there was a decree for the complainants. The defendants prosecuted an appeal by writ of error to this Court.

EROM HENRY. This bill was filed in the Chancery Court at Paris, on the 30th January, 1852, by the complainants, as legatees under the will of Jacob Marberry, deceased, against the defendants as executors, for an account and settlement of said estate, under the residuary clause of said will. Upon the hearing, the Clerk and Master was ordered to take and state an account between the parties, who reported the same at December Term, 1854.

EEOH KNOX. At the June Term, 1856, of the Circuit Court of Knox county, before Alexander, Judge, the Miners’ and Manufacturers’- Bank recovered a judgment against Samuel Ferguson upon a bill of exchange, of which he was the drawer, from which judgment he appealed in error to this Court. For the plaintiff in error, it was insisted that the judgment was erroneous, because there was at the time the same was rendered, no such corporation as the Miners’ and Manufacturers’ Bank.

tkom knox. The defendants in error filed their petition in the Circuit Court of Knox county, at the June Term, 1856, to be constituted a body politic and corporate under the name and style of the “ Knoxville Savings Institution.” The proceeding purports to be based upon the act of 1856, ch. 254, entitled, “An Act to authorize the formation of companies, and regulate private and local affairs, and to retrench the expenses of legislation,” which confers upon the Circuit Courts…

PROM nANCOCX. This was an action of trover, from the Circuit Court of Hancock, brought by Standifer against Wol-fenbarger, to recover the value of an ox, levied upon by the latter as an officer, and claimed by the former as exempt from execution, under the act of 1833, ch. 80. At the February Term, 1856, before Patterson, Judge, there was verdict and judgment for the plaintiff. The defendant appealed in error.

FROM BLOUNT. This was an indictment in the Circuit Court of Blount county, for the offence of going about armed with dangerous weapons in a public assembly, and using in reference to a person present, violent and opprobrious language, calculated to produce a breach of the peace. At the May Term, 1856, Judge Alexander presiding, the indictment was quashed, and Attorney General McAdoo appealed in error to this Court. cited 1 Bish. Cr, L., § 400; 2 L’d Raym.^ 879. cited 4 Bl.

KtOM JOHNSON. Valentin-e Grever- brought bis action- of slander- in the Circuit Court of Johnson county, against Ransom Poe, for slanderous words spoken, in charging that saidr Grever committed larceny in the State of Virginia. At the March Term, 1856, before Judge Patterson,. there was verdict and judgment for the plaintiff. The: defendant appealed in error.

FROM HAWKINS. This was an action of debt instituted in the Circuit Court of Hawkins, by the plaintiff, against the defendants, Anderson as maker and Cobb and McDermot as endorsers of a negotiable note. The original writ was served upon one of the endorsers in Hawkins, where he resided, and counterparts served upon Anderson the maker in Knox, and upon the other endorser in McMinn. The defendants plead these facts in abatement, to which pleas the plaintiff demurred.

PBOM EHEA. Edward E. Wasson was the security for costs in a bond of $250, in a certain action of trespass, instituted in the Circuit Court of Rhea county, by James D. McFalls against Addison Locke. After verdict in favor of Locke, there was judgment in his favor for the entire costs against McFalls, and against Wasson to the extent of his liability on the bond.

PROM GREENE. This was an action on the 'case instituted in the Circuit Court of Greene county, by John B. Ayres against Jerome B. Tally, to recover damages .for the killing of a mare, by the- accidental discharge of a gun in the hands of the defendant.

ÍEOM HAWKINS. This action of slander is from the Circuit Court of Hawkins county. At the January Special Term, 1856, before Judge Patterson, there was verdict and judgment for the plaintiff. The defendants appealed in error.

IEOM ANDEESON. The prisoner was indicted at the November Term, 1853, of the Circuit Court of Anderson county for obtaining money under false pretences. Upon his arraignment at a subsequent term, issue was joined upon his plea of not guilty and a jury sworn to try said issue.

rnosi HAMILTON. This was was an action of slander from the Circuit Court of Hamilton county. At the January Term, 1856, before Gaut, Judge, there was verdict and judgment for the defendant. The plaintiff appealed in error.

PEOM KNOX. ^VThe defendants, as members of the Knoxville Iron Company, were indicted in the Circuit Court of Knox county for issuing change bills. The papers issued by them and charged to be change bills, were in the following form: “ Dray ticket for fifty cents. Knoxville Iron Co.” At the June Term, 1856, Judge Alexander quashed the indictment, and the Attorney General appealed in error to this Court.