Volume 36 — Tennessee Reports

EROM BRADLEY. The plaintiffs recovered a judgment before a justice of the peace of Bradley county against Joseph R. Mee, upon which execution was issued against the said Joseph and the defendant, Jesse Mee, as his stayor. The latter obtained his writs of certiorari and supersedeas, and brought the cause into the Circuit Court of said county. The ground of defence relied upon by tbe stayor was, that his undertaking was not reduced to writing by the justice in his presence.

PROM KNOX. The plaintiff, Robert P. Eox, brought his action in the Circuit Court of Knox county against defendants Sandford and Shepperd, Leeds and Hoyt, for the recovery of damages for an injury sustained by him while in the employ of the latter three defendants in erecting a house, from the top of wbicb be was thrown, as he alleges, by the negligent and unskilful conduct of defendant Sandford.

FROM KNOX. This is an action of debt from the Circuit Court of Knox county. At the February Term, 1856, before Judge Patterson, there was verdict for the plaintiffs and judgment thereon, from which the defendant appealed in error to this Court.

EROM JEEEERSON. This is an action of ejectment from the Circnit Court of Jefferson county. At the April Term, 1856, the case was submitted to a jury before Judge Hynds. There was a verdict and judgment thereon for the defendant, from which the plaintiff appealed in error to this Court.

PROM JEFFERSON. This was an action of debt in the Circuit Court of Jefferson. At the August Term, 1855, before Judge GtAüt, there was a verdict for the plaintiffs and judgment thereon, from which the defendant appealed in error to this Court.

FROM GREENE. This was an action commenced before a justice of the peace of Greene county by Bartley and wife against Sherfey, to recover damages for injuries sustained by Mrs. Bartley from the bite of a dog owned by the defendant, and suffered to go at large by him, with knowledge of his vicious propensities. There was judgment before the justice for the plaintiffs, and an appeal to the Circuit Court by defendant.

FROM GREENE. This was an agreed case from the Circuit Court of Greene county. At the June Term, 1856, Judge Patterson gave judgment for the plaintiff, from which the defendant appealed in error.

EROM KNOX. The plaintiff in error, a practising surgeon, was employed by the defendant in error to reduce and heal a violent fracture in the arm of the latter; and for alleged malpractice, which resulted in serious and permanent injury, this action on the case was brought in the Circuit Court of Knox county. At the October Term, 1855, before ALEXANDER, Judge, there was a verdict for the plaintiff, assessing his damages at one thousand dollars.

PROM GRAINGER. This was a bill filed in tbe Chancery Court at Rutledge for the purposes stated in the opinion. At the December Term, 1855, Chancellor Luckey allowed the defendant upon motion, and for “ satisfactory reasons shown,” to withdraw his answer and demur, to which the complainant excepted. The demurrer was allowed by the Chancellor, and the complainant appealed.

EROM GRAINGER. This was a proceeding by writ of habeas corpus, issued upon the petition of tlie plaintiff, and returned before Judge ITynds, at the December Term, 1854, of the Circuit Court of Grainger county, to recover the custody of two apprentices alleged to have been abducted by the defendant from the possession of the plaintiff. Upon motion, his Honor quashed the proceedings, from which judgment the petitioner appealed in error to this Court.

EROM ANDERSON. This is an action of debt from the Circuit Court of Anderson county. At the July Term, 1856, before Judge Alexander, there was a verdict and judgment for the defendant, from which the plaintiff appealed in error.

EROM CAMPBELL. The defendant in error appealed from the judgment of a justice of the peace of Campbell county, to the January Term, 1856, of the Circuit Court of said county. At the following May Term, the papers were filed; and, upon motion, Judge Alexander dismissed the appeal, from which judgment an appeal in error is prosecuted to this Court.

EROM SULLIVAN. This was an issue, devisavit vel non, upon the will of Susan Gammon, deceased. It was submitted to a jury of Sullivan county, at the July Term of the Circuit Court, 1856, before Judge PatteRSON. The verdict and judgment were in favor of the will, from which the contestant appealed. The facts are fully given in the opinion of the Court.

FROM CLAIBORNE. This hill was filed on the 3d of August, 1852, in the Chancery Court at Tazewell. Held: subject to the right of redemption, he could only pass it subject to the same encumbrance. They therefore make it, as they allege, in form a sale from Bowman on a redemption by him, but in fact a redemption by Huffaker. They assert now that a mere momentary interest vested in J. E. Bowman, on which the execution cannot attach.

FROM ROANE. This bill was filed in February, 1852, in tlie Chancery Court at Kingston, for the purposes and upon the state of facts fully given in the opinion of the Court. At the September Term, 1854, Chancellor Van Dyke gave a decree in favor 6f the complainants, from which the respondents appealed.

EROM RHEA. The complainant filed her bill, in forma pauperis, in the Chancery Court at Washington, on the 12th of February, 1855, for divorce and alimony. A motion to dismiss for want of security for costs was made- and overruled; and at May Term, 1856, Chancellor Yan Dyke decreed in favor of complainant. The respondent appealed.

EROS! HAMILTON. The Western and Atlantic Railroad Company, of the State of Geoi’gia, undertook the carriage of certain packages of goods, the property of E. A. Mead & Co., which were lost during such transportation. An action was .brought to recover tbe value thereof before a justice of the peace of Hamilton county, who gave judgment against the Railroad Company, and the case was brought by appeal into the Circuit Court of said county.

EROM GRAINGER. This was an action for a libel, from the Circuit Conrt of Grainger county. At the August Term, 1856, before Judge ITynds, there was final judgment upon demurrer for the defendant. The plaintiff appealed in error.

EROM SULLIVAN. By an order of the County Court of Sullivan county, a public road was laid off through the lands of James Senaker, who resisted said order, and in whose favor the cause was finally determined in the Circuit Court. At the January Term, 1856, of said Court, judgment final was rendered for Senaker; hut the Court, Judge PatteRSON presiding, declined to give judgment against the county “ save for her own costs.” Senaker appealed in error.

EROM CAMPBELL. This is an action of assumpsit from the Circuit Court of Campbell county, originally commenced before a justice of the peace. At the January Term, 1856, before Judge Hynds, there was verdict and judgment for the defendant, from which the plaintiff appealed in error.

FROM GREENE. This was a bill filed in tbe Chancery Court at Gfreene-ville, by Sarah J. Burkey, by her next friend, against Claiborn Self and others, to have a cloud removed from her title in remainder to a tract of land of which her next friend was tenant by the courtesy. The material facts are given in the opinion of the Court. At the May Term, 1856, Chancellor Luckey gave a decree dismissing the bill, from which the complainant appealed.

FROM SUMNER. The complainant filed her bill in the Chancery Court at Gallatin on the 30th of April, 1853, to recover certain slaves, claimed by her under the will of her deceased husband, Richard B. Taylor. The testator Taylor died in 1801, in the county of Mecklenburg, in the State of Virginia, leaving his last will and testament, which was duly admitted to probate and registration in said county.

ER0M BEDFORD. The plaintiff in error, William M. Ellis, was stayor to a judgment recovered by tbe defendant, Bivens, before a justice of tbe peace of Bedford county against one H. G-.

EROM SMITH. The plaintiffs and defendant, on the 18th of May, 1854, entered into the following contract, which was signed by them respectively: “ Article of agreement ' between Hogg & Belcher of the one part, and Leonard H. Card-well of the other part, viz.: Said Hogg & Belcher shipped per steamer Hartsville, on the 28th day of March last, twenty-seven hogsheads of tobacco to Perkins, Campbell & Co., marked H. & B.; and on the 24th of April last, per same steamer, to R.…

EROM ERANJKLIN. This is an action of debt from tbe Circuit Court of Eranklin, brought by Taylor against Bright & Arledge. The defendants pleaded payment and set-off, and under the latter plea established by proof a contract by which the plaintiff agreed to pay them five hundred dollars for conducting his defence upon a charge of larceny for which he had been arrested by warrant, and claimed that the plaintiff’s demand be abated to that amount.

EROM DAVIDSON. This is an action on the case, brought by Bartholomew Cole in the Circuit Court of Davidson, against the corporation of Nashville, to recover damages for certain injuries sustained by the plaintiff in the loss of his property by an explosion of gunpowder alleged to have resulted from the reckless incaution and lunacy of one Jayne, a druggist in the city of Nashville.

EROM DAVIDSON. The Messrs. Warren were the holders of two notes of the Union Bank of Tennessee, the one of the denomination of one hundred dollars and the other of fifty dollars, payable at Jackson, which two notes were cut for transmission by halves from Tuseumbia, Ala., to Louisville, Ky. The half of each was lost by theft or otherwise in the transmission.

FROM BEDFORD. This was an action of debt in the Circuit Court of Bedford. At the April Term, 1856, before Judge Davidson, the cause was submitted to a jury. The defendant, upon the trial, offered as a set-off to the plaintiff’s demand a judgment in favor of a third party, which had been assigned to him before the commencement of the suit. To this there was objection; and the Court held that such a demand could not avail the defendant as set-off to the action.

EROM BEDFORD. The mayor and aldermen of the town of Shelbyville were indicted in the Circuit Court of Bedford for a nuisance in permitting a slaughter-house to he kept up hy certain citizens within the town upon a lot owned by them. The indictment was demurred to, and at the August Term, 1856, Judge Davidson gave judgment allowing the demurrer, whereupon Attorney - General Scudder appealed in error to this Court.

FROM COFFEE. The sheriff of Coffee county, at the suit of the plaintiff, summoned the defendant as garnishee to answer before the Circuit Court of said county what he was indebted to the McMinnville & Manchester Railroad Company, against which the plaintiff had recovered judgment, upon which execution had been issued and returned nulla bona.

FROM MAURY. This is an action of debt, from the Circuit Court of Maury.

FROM DAVIDSON. The county of Davidson having, under the provisions of the act of 1851, ch. 117, subscribed for stock in certain railroad enterprises, and its bonds baying been issued therefor, the County Court, at the July Term, 1855, assessed the taxes upon property and privileges in said county to meet the interest on said bonds and provide a sinking fund for their liquidation.

PROM DICKSON. The testator of defendant in error in his lifetime recovered a judgment against James L. Bell before a justice of the peace of Dickson county.

PROM ROBERTSON. The complainant, as trustee of Patrick Williams, filed this bill of interpleader in the Chancery Court at Springfield, asking instructions of the Court as to the disposition of a fund in his hands which accrued in the execution of his trust. Patrick Williams was largely indebted on his own account, and was a member also of the firm of Williams & Smith, which was insolvent.

EROM DAVIDSON. Messrs. Carter & Hougb were tbe owners of a line of stage - coaches from Nashville to Waynesboro’, which connected with the line of the Messrs. Sims at the latter place, running to La Grange, Tennessee, and at the latter place connecting with the Memphis & Charleston Railroad in a continuous route from Nashville to Memphis.

EROM WILSON. This bill was filed in the Chancery Court at Lebanon for the purposes fully stated in the opinion. At the January Term, 1856, Chancellor Ridley decreed in favor of the complainant. The respondent appealed.

EROM DICKSON. Robert Baxter executed and delivered to Theodore Baxter a note under seal to pay him two thousand dollars on or before the 25th of December, 1854, for the hire of certain slaves therein named, and bound himself also in said note to furnish said slaves with the usual clothing.

FROM FRANKLIN. This bill was filed in the Chancery Court at Winchester, for the purposes fully stated in the opinion. At the February Term, 1856, Chancellor Ridley decreed for the defendant, from which the complainant appealed.

PROM JACKSON. The plaintiff in error, as deputy sheriff of the county of Jackson, collected certain claims for the defendant in error, which he failed to pay over. A motion was made against the sheriff for said default, before a justice of the peace of said county, which resulted in a judgment in favor of the sheriff, because of a variance between the notice and officer’s receipt in setting out the claims.

EROM OVERTON. This bill was filed in the Chancery Court at Livingston for the purposes stated in the opinion. At the March Term, 1856, Chancellor Van Dyke gave a decree for the complainant. The defendants appealed.

FROM GILES. This was an action of debt in tbe Circuit Court of Giles county. Tbe facts are recited in tbe opinion of tbe Court. At tbe February Term, 1856, before Judge Martin, there was a verdict and judgment tbereon for tbe defendant. Tbe plaintiff appealed in error.

FROM BEDFORD. This was an action of replevin, instituted by Bobo against Burt, in tbe Circuit Court of Bedford county, to recover a certain slave taken by tbe defendant by virtue of an execution in bis bands as deputy sheriff. Tbe defendant proposed to read tbe execution in evidence in bis defence, wbicb, being objected to, was excluded by tbe Court.

FROM LAWRENCE. This was a bill filed in tbe Chancery Court at Law-renceburg, upon tbe facts fully given in tbe opinion. At tbe Eebruary Term, 1856, Chancellor Pavatt sustained a demurrer to tbe bill. Tbe complainants appealed.

BROM WILSON. This was a bill filed in tbe Chancery Court at Lebanon by tbe complainants as 'executors of tbe last will and testament of Abraham Vaughan, deceased, to obtain a construction of said will and directions as to the distribution of the estate of said testator.

FROM MAURY. This was a bill filed in the Chancery Court at Columbia, seeking a construction of the will of William Alderson, deceased, and for an account of the complainant’s interest under the same.

FROM MAURY. This was a bill filed in tbe Chancery Court at Columbia, upon the facts fully given in the opinion. At the June Term, 1856, Chancellor Ridley gave a decree against the complainant, from which he appealed to this Court.

EROM BEDFORD. This was an action of debt upon an award of arbitrators, brought by Mullins against Arnold in the Circuit Court of Bedford. The facts are sufficiently recited in the opinion of the Court. At the December Term, 1856, before Judge Davidson, there was a verdict and judgment for tlie defendant, from which the plaintiff appealed in error.

EROM SUMNER. The plaintiff brought Ms action of trespass vi et armis, in the Circuit Court of Sumner county in forma pauperis, to recover damages for violence and injury to his person by the defendant. The defendant being at the time of the issuance of the summons a non-resident, the plaintiff sued out also in forma pauperis an attachment, which was levied upon the estate of the defendant.

FROM STJMNER. The complainants filed this bill in the Chancery Court at Gallatin, to have their remainder interest in certain slaves under the will of William Bracken, deceased, asserted and secured. They are the children of Reuben Searcy, who was living at the time of the filing of the bill, and to whom the slaves were bequeathed for life by the testator, with remainder to his children.

PROM HIOKMAW. This bill was filed in tbe Chancery Court at Centre-ville for tbe purposes stated in the opinion. At tbe September Term, 1856, Chancellor Payatt dismissed tbe bill, and complainant appealed.

FROM WILSON. This was an action of debt commenced before a justice of tbe peace in Wilson county, and brought by appeal into the Circuit Court of said county. In the Circuit Court- the defendant filed a plea in abatement, to the effect that the constable who served the warrant upon him was not a lawful officer of said county, the facts as to which are fully stated in the opinion of the Court.

PROM BEDFORD. The complainant’s intestate, Jane Harris, formerly Jane Cooper, was entitled to an estate in remainder in certain personal property, under the will of her deceased father, James Cooper. The will gave to the testator’s widow the estate for life, with remainder to said Jane and other legatees by name. Pending the life-estate, said Jane Cooper intermarried with Asa Harris, and departed this life, leaving her husband surviving, but without issue.

BROM DEKALB. This bill was filed in the Chancery Court at Smith-ville for the purposes fully stated in the opinion of the Court. At the September Term, 1856, Chancellor Ridley gave a decree' for complainants, from which the defendants appealed. ■ • , • •

FROM SHELBY. This was an action of assumpsit from the Common Law Court at Memphis. Caleb Worley drew his hill of exchange upon the house of the plaintiffs, S. 0. Nelson & Co., merchants of New Orleans, for five thousand dollars. This bill the firm of Nelson & Co. agreed to accept upon condition that some other responsible person would sign the bill as co - drawer; whereupon the bill was signed by the defendant Richardson merely as surety, as was known to the plaintiffs.

FROM HENRY. This bill and cross-bill were filed in the Chancery Court at Paris, upon the facts and for the purposes fully given in the opinion. Upon the hearing at the September Term, 1856, Judge Fitzgerald, sitting as Chancellor, rendered a decree in favor of the complainant in the original bill, declaring his right to the land in controversy; directing an account of rents, but taxing him with the costs of said original bill. Both parties appealed.

FROM SHEBBY. This is an action of covenant upon the instrument quoted in the opinion of the Court from the Common Law Court of Memphis. The facts are fully stated in the opinion of the Court. At the November Term, 1856, before Judge CabutheRS, there was a verdict for the plaintiff, upon which the Court rendered judgment. The defendant appealed in error.

PROM DYER. This was a motion in the Circuit Court of Dyer county, against E. C. Pate, a constable, and his sureties, for money collected by said Pate, which he failed to pay over to the plaintiffs. At the June Term, 1856, Rains, Special Judge, rendered judgment for the plaintiffs. The defendants by writ of error brought the cause into this Court.

EROM OBION. This is an action of ejectment from the Circuit Court of Obion county. At the February Term, 185T, before Judge Fitzgerald, there was verdict and judgment for the defendant. The plaintiff appealed in error.

EROM SHELBY. This is an action of debt from the Common Law Court of Memphis. At the March. Term, 1857, Judge Humphreys rendered judgment upon a verdict for defendant. The plaintiff appealed in error.

EROM SHELBY. The prisoner was indicted in the Criminal Court of Memphis for the murder of William Harver. At the March Term, 1857, before Judge McKiernan, be was tried and convicted of murder in tbe second degree, and adjudged to suffer confinement in tbe penitentiary for ten years. His motions for a new trial and in arrest of judgment being overruled, be appealed in error to tbis Court.

FROM SHELBY. This bill was filed in the Chancery Court at Memphis by the complainant as vendor of real estate, to enforce his lien thereon for unpaid purchase-money, and to set up and establish a certain lost power of attorney, as a link in his chain of title.

EROM LAUDERDALE. This is an action of assumpsit from the Circuit Court of Lauderdale county. The action is to recover a debt harred by proceedings in bankruptcy, and is based upon a new promise to pay said debt.

FROM HAYWOOD. The prisoner was indicted of grand larceny in tine Circuit Court of Haywood county. At the March Term, 1857, before Judge Read, he was tried, convicted, and sentenced to the penitentiary for the term of three years. He appealed in error to this Court.

PROM SHELBY. At the March Term, 1867, of the Common Law Court of Memphis, before Judge CabtjtheRS, Pearson et al. recovered a verdict and judgment in ejectment against Yan Fossen et al. The verdict was, that the “ defendants are guilty of the trespass and ejectment in the declaration mentioned, in manner and form as the plaintiffs have thereof above complained against themand the jury assess “the plaintiffs’ damages by reason of the premises to the sum of one centand the…

FROM OBION. This suit was commenced before a justice of tbe peace in Obion county, and was brought by appeal into tbe Circuit Court of said county. At tbe June Term, 1856, before Judge Fitzgerald, there was a verdict and judgment for tbe plaintiff, from which defendant appealed in error.

FROM SHELBY. This was an action of ejectment, brought by the defendant in error against the plaintiffs in error in the Common Law Court at Memphis, to recover a lot of ground in that city. Upon the trial in the Court below, at the March Term, 1857, the defendants produced a transcript of a proceeding in the Chancery Court at Somerville, by which, as was alleged, the title of the plaintiff in the lot in question had been divested out of her.

FROM DYER. This was a judgment by motion in the Circuit Court of Dyer county, before Judge Read, at the October Term, 1856, against the sheriff of said county, for failure to collect and account for the county revenue. The defendant appealed in error.

EROM MADISON. This is an action of ejectment from the Circuit Court of Madison county. At the September Term, 1855, before Judge Read, there was a verdict and judgment for the defendant. The plaintiffs appealed in error to the last term of this Court, when the cause was argued and continued upon advisement until the present term.

EROM DYER. This was a bill filed in the Chancery Court at Dyers-burg to enforce an alleged lien of the complainants upon a tract of land of the defendant Wells, for the price of certain lumber furnished by them to defendant to build a bouse upon said land, and which was used for that purpose. The complainants were dealers in lumber, but in no way connected with the building of said house as mechanics or undertakers.

EROM GIBSON. This is an action of assumpsit from the Circuit Court of Gribson county. At the November Term, 1856, before Judge Fitzgerald, there was verdict and a judgment for the plaintiff. The defendant appealed in error.

PROM HENDERSON. The plaintiff brought this action in the Circuit Court of Henderson county against the defendants, as executors of Elisha Collins, deceased.

FROM HARDEMAN. This was an action of trespass vi et armis from tbe Circuit Court of Hardeman county, for a battery upon tbe plaintiff’s slave. Tbe facts are fully recited in tbe opinion. At tbe February Term, 1857, before Judge Humphreys, there was a verdict and judgment for tbe defendant. Tbe plaintiff appealed in error.

PROM DECATUR. This bill was filed at Lexington. At the August Term, 1856, the cause was heard upon bill, answer, and proofs, by Chancellor Pavatt, who dismissed the hill. The complainants appealed.

EROM EAYETTE. This was an action of covenant upon an administration bond, brought by Stanley as administrator de bonis non of Henry F. Steele, deceased, in tbe name of tbe State, for tbe use of tbe plaintiff against Tbomas, as security upon said bond, to recover a sum of money which the principal in said bond, as former administrator of said estate, bad collected and failed to pay over “ to tbe parties entitled thereto, tbe heirs and distributees of said estate.” There was a…

EROM SHELBY. The defendant, being largely indebted to the complainants by note at twelve months, dated the 23d of June, 1854, conveyed on that day to a trustee a lot of ground in the city of Memphis to secure said indebtedness. This conveyance was by an instrument under seal, signed by both parties, and by the trustee, who is also party complainant.

EROM PERRY. This is an action of unlawful detainer, from the Circuit Court of Perry county. At the October Term, 1856, Judge Walker, upon a special verdict, gave judgment for the defendant. The plaintiff appealed in error.

EROM SHELBY. This was a proceeding in the Chancery Court at Memphis to enforce a mechanic’s lien. At the May Term, 1856, Chancellor Caruthers rendered a decree in favor of the complainants. Thé defendants appealed.

EROM WEAKLEY. The prisoner was indicted jointly with one Peter Workman, in the Circuit Court of Weakley county, for the crime of murder. The indictment charges the prisoner as the principal felon, and Peter Workman as accessory at the fact, “present, aiding, abetting, counselling,” etc. They severed in their trials, and the prisoner was first arraigned, at the February Term, 1857.

EROM GIBSON. This ivas an action of assumpsit from the Circuit Court of Gibson county. At the November Term, 1856, before Judge Fitzgerald, there was a verdict and judgment for the defendant. The plaintiffs appealed in error.

FROM BENTON. This was a proceeding by writ of error coram nolis in the Circuit Court of Benton county.' The facts, as of record, are fully recited in the opinion. At the September Term, 1855, Judge EitzgeRALD rendered judgment in favor of the petitioner, to reverse which, a writ of error was prosecuted to this Court.

EROM LAUDERDALE. The defendant was presented by the grand jury of the county of Lauderdale, at the November Term, 1856, of the Circuit Court of said county, for the offence of common gaming, under the act of 1856, ch. 63, § 1, by betting on the result of the Presidential election in the State of Kentucky, which was pending at the time of said bet; and also by betting on' said election in this State, after the same had been held.

EROM HARDEMAN. This was a bill filed in the Chancery Court at Bolivar for the purposes stated in the opinion. At the September Term, 1854, Chancellor Williams gave a decree for the complainant. The defendant appealed.

EROM GIBSON. The plaintiff in error and others, the mayor and aldermen of the town of Trenton, were indicted in the Circuit Court of Gibson, as individuals, for failure to beep tbe public streets of said town in proper repair. At the July Term, 1856, they were convicted by a jury, and adjudged by Fitzgerald, Judge, to pay a fine. They appealed in error to this Court.

PROM GIBSON. This is an action of trespass from the Circuit Court of Gibson county. At the March Term, 1857, before Judge PiTZGERALD, there -was verdict and judgment for the defendant. The plaintiff appealed in error.

EROM HARDEMAN. This was an action of trespass vi et armis from the Circuit Court of Hardeman county. At the June Term, 1856, before Caruthees, Judge, there was • verdict and judgment for the plaintiff, from which the defendants appealed in error.

PROM OBION. This is an action of ejectment from the Circuit Court of Obion county. At the March Term, 1857, before Fm-GERALD, Judge, there was verdict and judgment for the plaintiff. The defendant appealed in error.

FROM FAYETTE.. This was an action of forcible entry and detainer from the Circuit Court of Fayette county. At the February Term, 1857, before Judge HUMPHREYS,' there was a verdict and judgment for the plaintiff. The defendant appealed in error.

PROM SHELBY. The complainant filed His petition in tlie Chancery Court at Memphis for a writ of possession as stated in the opinion. At the November Term, 1856, Chancellor Ca-eutheRS gave a decree for complainant. The defendants appealed.

FROM PERRY. This is an attachment bill from the Chancery Court at Linden. At the February Term, 1857, ^before Judge WalkeR, there was a decree for the complainants, from which defendants appealed.

EROM SHELBY. This is an action of trespass from the. Common Law Court of Memphis for killing a dog. At the March Term, 1857, there was a verdict for the plaintiff, upon which Judge OaRütheRS rendered judgment. The defendant appealed in error.

EROM OBION. This was an action of ejectment from the Circuit Court of Obion county. At the February Term, 1857, before Judge Eitzgerald, there was a verdict and judgment against the defendants as to some of the plaintiffs, and for them as to the others. Both parties appealed.

FROM SHELBY. This bill was filed in the Chancery Court at Memphis, to obtain a specific performance of a contract evidenced by title-bond for tbe sale of a lot in the city of Memphis. The bill was dismissed by the Chancellor, and complainants appealed.

PROM PAYETTE. This bill of injunction was filed in tbe Chancery Court at Somerville. Tbe opinion of the Court embraces a statement of tbe facts. Tbe Chancellor rendered a decree for tbe complainant, from which tbe defendants appealed.

PROM JEPEERSON. This was an action of slander from the Circuit Court of the county of Jefferson. The ground of the action was an alleged charge by the defendant that the plaintiff had sworn falsely in a certain proceeding by arbitration, in which she was a witness, and one Elijah Moore and the defendant were the parties litigant. No special damages are claimed in the declaration.

FROM GREENE. This was a bill filed in tbe Chancery Court at Green-ville upon the facts and for the purposes fully stated in the opinion. At the May Term, 1857, after the determination of certain issues of fact by a jury in favor of defendants, Chancellor Luckey dismissed the bill, and the complainant appealed to this Court.

EROM HAWKINS. The plaintiff brought his action of covenant in the Circuit Court of Hawkins county against the defendant on the following instrument: “ On tbe second day of January next we jointly promise to pay Guy Ellis twelve hundred and ninety dollars and eighty-nine cents in current bank notes for value received of him.

FROM WASHINGTON. This was an action for libel from the Circuit Court of Washington county. The material facts of the case are stated in the opinion. At the June Term, 1857, before Judge Turley, there was a verdict for the plaintiff. He moved for a new trial, -which being refused, judgment was rendered on the verdict, and the plaintiff appealed in error.

EROM MARION. This is an action of ejectment from the Circuit Court of Marion county. At the July Term, 1857, upon an agreed state of facts, Judge Gaut gave judgment for the plaintiff. The defendant appealed in error.

EROM KNOX. This is an action of replevin from the Circuit Court of Knox county. At the June Term, 1857, there was a verdict for the defendant, upon which Judge Swan rendered judgment. The plaintiffs appealed in error.

This action of ejectment was instituted in the Circuit Court of Washington county, on the 6th of January, 1853, hy Stuart et al. against James Wright, tenant of Waddle, et al. The cause was submitted to a jury at the February Term, 1857, before Judge Ttjeley, which resulted in a verdict and judgment for the plaintiffs. The defendants appealed in error.

PROM SULLIVAN. This is an action of assumpsit from tbe Circuit Court of Sullivan county. At tbe July Term, 1857, before Judge PATTERSON, there was verdict and a judgment for tbe defendant. Tbe plaintiff appealed in error.

FROM KNOX. The plaintiffs recovered, judgment before a justice of the peace on the 17th of July, 1856, against William McTeer, surviving partner of Henry & Oo., for $852 27; and on the same day another judgment was rendered by said justice, in favor of Sheperd, McOreery & Oo., against said McTeer, as surviving partner of the firm of Henry & McTeer, for $481 75 and costs. On the day said judgments were rendered, the name of J. 0.

EROM KNOX. The defendant -was indicted in the Circuit Court of Knox county for assault and battery. At the February Term, 1857, before Judge Gaut, he filed a plea of former conviction before a justice of the peace under the “small offence” law. To this plea Attorney -General McAdoo replied that said proceeding, relied on as a conviction, was by collusion with the prosecutor therein, and in fraud of the law.

EROM SULLIVAN. This is an appeal .by Attorney - General Powell, of the first Circuit, from a judgment of the Circuit Court of Sullivan county quashing an indictment. The indictment was found at November Term, 1856, and charges the defendant with “selling spirituous liquors on Sunday” to a certain person named as the purchaser. At the March Term, 1857, Judge Patteeson quashed the indictment.

EROM GRAINGER. This was an action of assumpsit from the Circuit Court of Grainger county. At the August Term, 1857, before •Judge Patterson, there was verdict and a judgment for the plaintiff. The defendant appealed in error.

FROM COOKE. This was an action of debt from tbe Circuit Court of Cocke county. At the August Term, 1857, before Judge TuRLEY, there was verdict and a judgment for the plaintiff. The defendant appealed in error.

PROM JOHNSON. This was a proceeding by scire facias against bail, from tbe Circuit Court of Johnson county. There was a demurrer to tbe scire facias, and tbe main ground thereof was, that the bail-bond was taken by a special deputy sheriff. At tbe March Term, 1857, Judge Patterson gave judgment in favor of tbe demurrer, and Attorney-Greneral Powell, on behalf of tbe State, appealed in error.

PROM CLAIBORNE. This is an action of ejectment from the Circuit Court of Claiborne county. At the January Term, 1857, before Judge PATTERSON, there was verdict and a judgment thereon for the plaintiffs. The defendants appealed in error.

EROM WASHINGTON. This was an action of debt commenced by warrant before a justice of the peace of Washington county. The cause was removed by certiorari into the Circuit Court of said county, where under the facts stated in the opinion, at the October Term, 1856, Judge Patterson rendered judgment quashing the execution. The plaintiffs appealed in error.

EROM KNOX. This is an action of debt from tie Circuit Court of Knox county. At tie June Term, 1856, before Judge ALEXANDER, there was verdict and a judgment tier eon for tie plaintiffs. Tie defendant appealed in error.

EROM KNOX. This is an action on tbe case against the Sheriff of Knox county for an alleged inadequate levy upon property attached by him for debt at the suit of the plaintiff., and for taking insufficient security upon the bond given in replevin of the same, whereby the debt was lost to the plaintiff. At the February Term, 1857, before Judge ALEXANDER, there was verdict and judgment for the defendant. The plaintiff appealed in error.

EROM KNOX. This is an action of debt from the Circuit Court of Knox county. At the June Term, 1857, before Judge SwAN, there was a verdict and a judgment thereon for the plaintiff. The defendant appealed in error.

EROM HAWKINS. This was an action on tlie case from the Circuit Court of Hawkins county. A hill of injunction and attachment was filed against the plaintiffs hy one Wilder, who claimed a slave in the possession of the plaintiffs; and under a fiat of the Chancellor, writs of injunction and attachment were issued hy the defendant Alexander, as clerk, hy which the slave was delivered to the complainant, to abide tbe result of tbe suit in Chancery.

PROM BRADLEY. This is an action of debt from the Circuit Court of Bradley county. At the September Term, 1856, before Judge Alexander, there was verdict and a judgment for the plaintiff, to reverse which a writ of error was prosecuted by the defendants to this Court.

FROM HAMILTON. This was an action of trover from the Circuit Court of Hamilton county. At the July Term, 1857, upon the agreed statement of facts given in the opinion, Judge Gaut rendered judgment for the plaintiff. The defendant appealed in error.

EROM JEEEERSOW. This is an action of ejectment from the Circuit Court of Jefferson county. At . the April Term, 1857, before Judge Patterson, there was a verdict for the defendant. The plaintiff moved for a new trial, which was refused, and judgment was rendered upon the verdict. The plaintiff appealed in error.

FROM PUTHAM. The prisoner, a slave, was indicted in the Circuit Court of Scott county for an assault with intent to commit a rape upon the body of a free white woman. After several changes of venue and three several convictions, he was again arraigned, before Judge Goodall, in the Circuit Court of Putnam county at the August Term, 1857, when he was again convicted, and adjudged to suffer death. He appealed in error to this Court.

At the July Term, 1857, of the Circuit Court of Williamson county, tbe grand jury returned into Court the following presentment against the plaintiff in error: “State op TenNessee: Williamson County.

EROM MONTGOMERY. This bill was filed in the Chancery Court at Clarks-ville on the 31st day of January, 1853. At the April Term, 1856, a decree was rendered by Chancellor Frierson, from which both the complainants and defendants appealed.

PROM RUTHERPORD. This bill was filed in tbe Chancery Court at Mur-freesboro’ on the 6th of October, 1856, to obtain a construction of the will of… Held: my brief in which case is furnished herewith to the Court. 6. I cannot believe that it would be of much use for me at this time of day to go into all the authorities upon executory devises and the rule in Shelley’s case. I furnish however herewith my brief in the case of McKay vs. McKay, where the authorities are discussed.

FROM DAVIDSON. This bill was filed in the Chancery Court at Nashville on the 28th of July, 1856, by Ralph C. and William Shelton, to recover certain slaves in the possession of the defendants. The slaves in controversy have been in the possession of the defendants, and those under whom they claim as innocent purchasers for value and without notice, for more than twenty years.

FROM WILSON. This bill was filed in the Chancery Court at Lebanon in April, 1855. The complainant, as the wife of one William Ames, seeks for a divorce from the bonds of matrimony, on the ground of cruel treatment from her said husband; she prays also that a tract of land described in the bill be decreed to her as her absolute estate. It' seems that the complainant and her husband held this land under a joint conveyance in fee to both, made after their marriage.

FROM BEDFORD. This bill was filed in the Chancery Court at Shelby-ville, on the 23d of December, 1853, for the purposes and upon the facts fully stated in the opinion. At the September Term, 1856, Chancellor Ridley dismissed the hill. The complainants appealed.