Volume 5 — Arkansas Reports

This was a bill in chancery, filed in the Pulaski Circuit Court, by William Cummins, against George H. Bentley, Eli Bentley, Oliver T. Bentley, and Thomas Mathers, to enjoin a judgment, obtained against him by George H. Bentley, on a note for $500, and for an account, settlement, and relief. The suit was determined in June, 1841, before the Hon. John J. Clendenin, one of the circuit judges.

Writ of Error to Washington Circuit Court. This was an action of trespass quare clausum fregit brought by David Gibbons against Arthur Dillingham und Meredith Edwards, in the Washington circuit court, and determined before Sneed, J., at the December Term 1847.

This was a suit in chancery, instituted by Coulter against McLain, Badgett, and Amos, in the Pulaski Circuit Court, and there determined, in November, 1841, before the Hon. John J. Clendenin, one of the circuit judges. The bill charged that Coulter purchased of Amos a certain tract of land, for which he executed two notes, for $>450 each, payable at a future day, as the consideration money.

This was a proceeding by garnishment, determined in the Pulaski Circuit Court, in -, before the Hon. John J. Ceendenin, one of the circuit judges. Gray, Durrive & Co. having obtained judgment against Hudspeth & Sutton, sued out their writ of garnishment against Badgett, setting forth, in the usual form, their judgment.

Writ of Error to Pope Circuit Court. Kellogg & Co. brought an action of debt on a promissory note, alleged in the declaration to be lost, against Norris, in the, Pope Circuit Court. Defendant pleaded nil debet and payment, the cause was tried on issues to these pleas, and judgment for plaintiffs. A motion for a new trial was overruled; defendant brought error, and the judgment was reversed by this Court, and the cause remanded.

This was an action of debt, brought by Joseph Thompson against Davis Thompson, and determined in November, 1841, in the Phillips Circuit Court, before the Hon. Isaac Baker, one of the circuit judges. No statement of the case is necessary. It was argued here by W. & E. Cummins, for the plaintiff in error.

This was an action of debt, instituted bj Kay, as surviving partner of the firm of Greenfield & Kay, against Bonne, and determined in the Jefferson Circuit Court, in April, 1841, before the Hon. Isaac Baker, one of the circuit judges.

This was an application, upon the part of the petitioner, to this Court, for a writ of prohibition, to be directed to the county court of Scott county, preventing them from removing the seat of justice, and the records of that court, from Boonville to Wynfield.

This was an action of trespass, determined in the Benton Circuit Court, in May, 1842, before the Hon. Joseph M. Hoge, one of the circuit judges. Jefferson sued Duckworth, Beebe, Clark, Braithwaite, John G. and William T. Walker, in the first count, for trespass guare clausum fregit, alleged to have been committed on the N. W. i of sec. 32, T. 20 N., R. 30 W.; and, in the second count, for taking and carrying away 3000 bushels of corn. Process was served on ali the defendants.

Tins was an action of debt, determined in the Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. Bennett, Morrill & Co., using the name of the State, sued Engles, as sheriff of Independence county, and his securities, for a breach of his official bond.

This was an appeal from a justice of the peace, determined in the Carroll Circuit Court, in October, 1841, before the Hon. Joseph M. Hoge, one of the circuit judges. Reeves sued Clarke, before a justice of the peace.

Writ of Error to the Circuit Court of Pulaski County. Debt by the State of Arkansas, use of Ashley & Watkins, upon the official bond of Lawson, as sheriff of Pulaski county, against him, Anthony, DeBaun and Thorn as his securities in the bond.

This was a proceeding had in the Circuit Court of Phillips county, in November, 1842, before the Hon. John C. P. Tolleson, one of the circuit judges. The Real Estate Bank had sued out a writ of attachment against Isaac Mitchell, by virtue of which a negro woman was attached, and remained in the possession of Irvin, as sheriff of the county, until final judgment against Mitchell, and sale under execution.

This was an application to this Court for a writ of habeas corpus, made by Amos Hartley, who was confined in prison in a civil suit, wherein he had been held to bail on the affidavit of plaintiff’s attorney. Several questions were presented, and argued by Pike & Baldwin, for the petitioner, and Cummins, contra; but the only one decided was as to the sufficiency of the affidavit.

This was an action of debt, determined in the Hot Spring Circuit Court, in March, 1835, before the Hon. Benj. Johnson, one of the territorial judges-. Andrews sued Fenter to March term, 1834, ors three instruments of writing: a bond, for $192 63 cents; a bond, fo? $71 82 cents; and a note, for $29 374 cents. Fenter pleaded payment of the bonds, and the statute of limitations as to the note.

This was an action of assumpsit, determined in the Phillips Circuit Court, in January, 1842, before the Hon. William K. Sebastian, one of the circuit judges. Gaines sued Hanly and Biscoe, on a note, executed by them and Wm. B. Anderson to him, negotiable and payable in the Real Estate Bank, at Helena.

At the July term 1849, of this Court, David W. Carroll presented a petition, stating that during the session of the General Assembly of 1848-9, he was elected, by that body, Attorney for the Bank of the State of Arkansas at Little Rock; and on 13th of April, 1849, was commissioned, duly qualified and entered upon his official duties.

This was an action of trespass, tried in the Washington Circuit Court, in November, 1841, before the Hon. Joseph M. Hoge, one of the circuit judges. Collins sued Watlace and one Burney, for taking away a horse. The defendants jointly pleaded the general issue, and each also filed a special plea of justification.

This was an action of forcible entry and detainer brought by Milton Fowler against John E. Knight, determined in the Pulaski Circuit Court, at the April term, 1848, before Hon. Wm. H. Sutton, Judge.

John K. Taylor was sheriff of Pulaski county, in the years 1835 and 1836. At January term, 1842, of the County Court of that county, he presented, for allowance and settlement, a claim, against the county, for moneys due him as sheriff, to the amount of $>1616 49.

This was an action of assumpsit, determined in the Van Burén Circuit Court, in October, 1842, before the Hon. Thobias Johnson, one of the circuit judges, instituted by the guardian of a person under twenty-one years of age, in the name of the minor. This fact appears on the face of both the declaration and writ. The writ, in point of form, is, in every respect, substantially good.

This .was an action of assumpsit, determined in the Pulaski Circuit Court, in September, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Mathias Illium sued Henry Fischer, on notes and the common counts, but died before any appearance was entered, or plea filed, on the part of the defendant, and the suit was revived, in the name of Lawson, as his administrator.

Francis Circuit Court. Replevin by Thomas Payne against Marvel M. Bruton, for two slaves, Violet and Nathan, determined in the St. Francis Circuit Court. Declaration filed Nov. 17th, 1843, containing three counts, first and second in the cepit, third in the deimet.

This was a proceeding by garnishment, determined in the Pulaski Circuit Court, in September, 1842, before the Hon. John J. Cben-denin, one of the circuit judges.

This was an action of debt, determined in the Phillips Circuit Court, in November, 1841, before the Hon. Isaac Baker, one of the circuit judges. The Bank sued Stewart, C. Mooney, Davis Thompson, and John II. Rawles, on their joint and several note, for $600. Thompson & Rawles craved oyer, which being granted, .they pleaded nil debet, and usury, in taking more than seven per centum per annum interest in advance, on a loan for nine months.

This was an action of assumpsit, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Cleniienin, one of the circuit judges. McCraw; sued Humphries. The first count alleged that McCraw employed Humphries to make bacon of sundry hogs, for the bones and lard; and that, by the negligence of Hum-phries, the bacon was entirely spoiled.

Writ of Error to the Circuit Court of Pulaski County. This was an action of assumpsit brought by Davis Thompson for the use of Darby Pentecost, against the State of Arkansas, and determined in the Pulaski Circuit Court at the April Term, A. D. 1846, before the Hon. John J. Clendenin, then one of the Circuit Judges.

This was an action of debt, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The count of the declaration is in these words : “For that, whereas, on the 15th day of April, 1840* at the county of Pulaski aforesaid, by bis certain promissory note, in writing, signed by his hand, by the style of Wm.

Writ of 'Error to Pulaski Circuit Court. Indictment against Jacob Hawkins for keeping a gaming table, determined in the Pulaski Circuit Court, at the October Term, 1848, before the Hon Wwt. H. Field, Judge.

This was an indictment against John Hayney, for an assault and battery on Grimanda C. Saddler, tried in the Yell Circuit Court, in September, 1842, before the Hon. Richard C. S. Brown, one of ■the circuit judges. Evidence of assault and battery on Grimalda C. Saddler Verdict of guilty; and motion for new trial for variance between indictment and evidence overruled. Exceptions, and appeal.

This was an action of assumpsit, determined in the Pulaski Circuit Court, in September, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Webb sued Martin & Yan Horn.

<p>Writ of Error to Pulaski Circuit Court.</p> <p>At tbe October Term, 1848, ofthe Pulaski Circuit Court, West-ley Murphy was indicted for an escape from the Penitentiary, in substance as follows:</p> <p>“The Grand Jurors, &c.,do present that WestleyMui’phy, late, &c., on the sixteenth day of October, A. D. 1848, which said Westley Murphy had been before then, to wit: on the fifth day September, A. D. 1845, by the consideration and judgment of the Circuit Court of Johnson county, at and during the term thereof which was bugun and held at the Court-house in the town of Clarksville in said county of Johnson and State aforesaid, on the first Monday after the fourth Monday in August, it being the first day of September in the year last aforesaid, lawfully convicted and sentenced to imprisonment in the Jail and Penitentiary house of tbe State of Arkansas for the term and period of five years, commencing on the said fifth day of September in the year last aforesaid, for the crime of larceny, and in pursuance thereof was then undergoing confinement in said Jail and Penitentiary house, with force and arms in the county of Pulaski aforesaid, feloni-ously, wilfully and unlawfully, did escape from such confinement in said Jail and Penitentiary house there situate, contrary to the form of the Statute, &c.” Geo. C. Watkins, Atl'y Gen’l.</p> <p>The defendant was tried on the plea of not guilty, and the jury returned the following verdict: “We, the jury, not being satisfied that this is the man convicted in Johnson county, find him not guilty.” Judgement of acquittal. The Attorney General took a bill of exceptions setting out the following facts:</p> <p>On the trial of this cause the State proved, by a full and complete, and duly certified transcript of the record of the Circuit Court of Johnson county, that Westley Murphy, on the 5th day of Sept., 1845, by the consideration and judgment of the Circuit Court of Johnson county, at and during the term thereof, which was begun and held at the Court house in the town of Clarks-ville, in said county of Johnson, and State aforesaid, on the first Monday after the fourth Monday in August, it being the first day of September in the year last aforesaid, was lawfully convicted and sentenced to imprisonment in the Jail and Penitentiary house of the State _of Arkansas for the term and period of five years, commencing on the 5th day of September, A. D. 1845, for the crime of larceny; and that the prisoner atthebar was, prior to the 16th day of October, 1848, turned over to George Brodie, the present agent of the Penitentiary along with other prisoners confined therein, and was then undergoing confinement in said Penitentiary; and that on the day and year last aforesaid, in the county of Pulaski aforesaid, the prisoner at the bar escaped from such confinement in manner and form as charged in said indictment; and three days thereafter was recaptured, and brought back to said Penitentiary, pursuant to a reward offered for him by the agent thereof. Which was all the evidence adduced in the cause, but no evidence whatever, other than the said transcript of the record ofthe Johnson Circuit Court, was offered by said State to prove that the prisoner at the bar is the same identical Westley Murphy who was so convicted, and sentenced for the crime of larceny as charged in the indictment in this cause. Whereupon the prisoner at the bar moved the Court to instruct the jury that they could not find the prisoner guilty, unless they were satisfied from the evidence that he was the same identical Westley Murphy who was so convicted and sentenced for larceny ; which instruction the Court gave to the Jury. The Attorney General then moved the Court to instruct the Jury that any such question as to the personal identity of the prisoner at the bar was waived by his plea of not guilty to the indictment in this case; and that upon the introduction of the transcript of the record aforesaid of the Johnson Circuit Court, the Jury here were bound, by law, to presume, in the absence of any proof to the contrary, that the prisoner at the bar, is the same identical Westley Murphy, appearing by said transcript to have been so convicted and sentenced for the crime of larceny; which latter instruction the Court refused to give. To the giving of the first, and refusal of the second instruction, the Attorney General excepted.</p> <p>The State brought error.</p> <p>The instruction given by the Court was calculated to mislead the Jury, as is shown by their virdict; on the other hand, the instruction asked by the State was strictly correct and ought to have been given. The defendant by pleading not guilty, confessed that he is the Westley Murphy named in the indictment, and in the absence of any proof to the contrary, the Jury were bound to presum e Westley Murphy named in the record produced.</p> <p>In an indictment for an escape it is necessary to prove the former conviction, the imprisonment, and the escape as charged. The plea of not guilty admits that defendant is properly named in the present indictment, but it does not admit the former conviction, or that he is the same man charged to have been previously convicted; on the contrary, it puts these facts in issue: There may be as many Westley Murphy’s as there are Jo. Smiths.</p>

This was an action of debt, determined in the Pulaski Circuit Court, in Sepetmber, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Hill, Keatts & Boyle, as partners, sued John P. Brown, on a bond, dated Peb. 15, 1836, due Nov. 1,1836, for $600 08, with interest from 15th Aug., 1836. The original summons issued on the 24th of March, 1841, and was returned with an endorsement that it was served on the 24th of September, 1841.

Writ of Error to the Circuit Court of Pulaski County. Wm. Brown, jr., was indicted in the Pulaski Circuit Court, at the April Term, 1848, for gaming. He filed two pleas in abatement; the first alleging that Elijah A. Moore, the foreman of the Grand Jury by whom the indictment was found, was not a citizen of the State; and the second alleging that Richard L. Galloway, a member of the Grand Jury, was not a house-holder or free-holder. The pleas were sworn to.

This was an action of replevin, determined in the Pulaski Circuit Court, in November, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Sarah Barden sued John Pirani in reple-vin in the detinel, for a pony, alleged to be of the value of $50.

Indictment for gaming, determined in the Crawford Circuit Court, at the August Term, 1848, before the Hon. Wm. W. Floyd, Judge.

Writ of Error to Johnson Circuit Court. Replevin brought by Leah Grace against Batson W. Cox, determined in the Johnson Circuit Court, at the September term, 1848, before the Hon. W. W. Floyd, Judge.

Writ of Error to the Ouachita Circuit Court. Debt, determined in tbe Ouachita Circuit Court, at the April term, 1848, before the Hon. Oeokge Conway, then one of the Circuit judges.

This was a decision of the Circuit Court of the county of Hemp-stead, on a motion to put into possession an execution purchaser, made in October, A. D. 1842, by the Hon. William Conway B., one of the circuit judges. Smith purchased, at sheriff’s sale, on execution in his favor against William Kopman, certain lots, in the town of Fulton, and lands, in the county of Hempstead, and received the sheriff’s deed therefor, duly executed and acknowledged, at October term, 1842.

This was an action of assumpsit, determined in the Pulaski Circuit Court, in December, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Held: not only that they were not transferrible, but that they were mere evidences of debt, on which no action could be maintained, made others yield to him. Brown vs. Hanaden, 4 T. R. 157. Garnet vs. Clarke, 11 Mod. 226. Clerke vs. Martin, 2 Ld. Raym. 758. Story vs. Alkins, id. 1430. Trier vs. Bridgman, 2 East, 359.

This was an action of covenant, determined in the Franklin Circuit Court, in September, 1842, before the Hon. Richakd C. S. Bkown, one of the circuit judges. John Sims sued Whitlock, Newman and Tomberlin, on a bond for $>45 in Arkansas bank notes, due 25th December, 1841. The breach alleged that the defendant did not pay that sum either in such notes or money, by the 25th December, 1841, and have always refused, and still refuse to-pay the same. Service on Newman and Sims.

This was an application for a writ of habeas corpus. Rohe was brought before the Hon. Thomas S. Reynolds, Mayor of Little Rock, on the 10th of April, 1843, charged with an attempt to rescue, from the custody of the city constable, a person who was in his custody. He required no jury; and the Mayor, after hearing evidence, adjudged that the State recover of him, for the use of the city, $25 and costs.

Writ of Error to Perry Circuit Court. Robert Brown was indicted in the Circuit Court of Perry county, for cutting and removing timber from a Sixteenth Section of land, appropriated o the use of Common Schools. At the October Term, 1848, on motion of defendant’s counsel, the indictment was quashed, by the Hon. Wm. H. Field, Judge, because no prosecutor was endorsed thereon; and the State brought error.

This was an action of covenant, determined in the Washington Circuit Court, in November, 1842, before the Hon. Joseph M. Hoge, one of the circuit judges. Alfred Wallace sued John Douglas, John P. King, and James Henry, on a bond, due Dec. 25, 1841, for ‡299 48 cents, “in Arkansas State Bank paper,” with interest at ten per cent, from date till paid. Douglas and King not being served, the action was discontinued as to them.

Writ of Error to Franklin Circuit Court. This case was determined in the Franklin Circuit Court, before the Hon. W. W. Floyd, Judge. On the 31st June, 1848, Henry L. Biscoe, and others, Trustees of the Real Estate Bank, brought an action of debt against Wm. G. Jenkins and Benjamin Esteli.

This was an action of replevin, determined in the Phillips Circuit Court, in September, 1842, before the Hon. John C. P. Tolleson, one of the circuit judges. William B. Pool sued Warner P. Loomis, in replevin in the cepit, for a negro girl.

This was an action of debt, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Woodruff sued McCurdy, Gilson, and Cummins, declaring on one bond and one note.

This was an action of debt upon a bail bond in a civil case, tried in the Pulaski Circuit Court, in November, A. D. 1842, before the Hon. John J. Clendenin, one of the circuit judges. Pirani declared on a bail bond, taken upon a capias ad resp. sued out by him against Lemuel Bradley, in which Gibson and Leech were securities. The declaration was in the common form on penal bonds, the breaches being properly assigned therein.

Writ of Error to the Independence Circuit Court. On the 30th of June, 1847, the Bank of the State of Arkansas filed in the office of the clerk of the Independence Circuit Court, a petition in debt against Robert Bates, on a promissory note dated July 1st 1843, and payable twelve months after its date. On tbe 11th day of September, 1847, a writ was issued upon the petition, returnable to the following November term, which was returned served upon Bates.

Writ of Error to Independence Circuit Court. Writ of error issued by the Clerk of this Court to the Clerk of independence Circuit Court, returnable to the January Term, 1848, reciting thus: “ Because, in the record and proceedings, and also in the giving of judgment, in a suit, which was in said Circuit Court, before the Hon. Wm.

This was a proceeding on a forfeited delivery bond, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clendenin, one of the circuit judges.

Writ of Error to Independence Circuit Court. The Bank of the State brought an action of debt in the Indepen ■ dence Circuit Court against Noadiah Marsh and others, in which Marsh recovered judgment against the Bank for costs. Execution issued on the judgment to the sheriff of Independence, who levied on and sold some lots in the town of Batesville to satisfy the execution, and Wm. Byers became the purchaser of the lots.

Writ of Error to Independence Circuit Court. On the 21st day of September, 1848, James F. Sturdivent, who had recovered judgment in the Independence Circuit Court against Alfred H. Byrd, sued out of the office of the Clerk of said Court a writ of garnishment against John Lawrence, returnable to the November term of said Court following; which writ was returned duly served. It does not appear from the transcript that any Court was hol-den at the return term of the writ.

Writ of Error to Washington Circuit Court. On the 3d day of April, 1848, the Bank of tbe State of Arkansas commenced an action of debt, in the Circuit Court of Washington county, against Robert H. Brown, on a promisory note for $136, executed to her by defendant as principal, and John B. Brown and Newton W. Brown (who were not sued) as securities, dated the 6th day of September, 1842, payable six months after date at the Branch of said Bank at Fayetteville.

This was a proceeding on delivery bond, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clenden-in, one of the circuit judges. ,The facts of the case were precisely the same, in all respects, as in the case last preceding, except that there was one more defendant. The case was argued by the same counsel.

This was a proceeding under the statute of garnishment, determined in the Pulaski Circuit Court, in December, 1842, before the Hon. John J. Clendenin, one of the circuit judges. James Means, having obtained judgment, in the same Court, against Amos Hartley, sued out a writ of garnishment under the statute, against Samuel G. Trowbridge and Richard T. Jennings, as partners, to subject to his judgment any debt due by them to Hartly.

Writ of Error to the Crawford Circuit Court. This case was determined in the Crawford Circuit Court, at the August term, 1848, before the Hon. Wm.

This was an action of debt, tried in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges.

At the present term of this court (July 1849) the Bank of the State of Arkansas, by her attorney, D. W. Carroll, Esq., made an application for supersedeas, in the following case: Petitioner states that on the 30th April, 1849, she was summoned to appear before John G. Peay, who was then acting as a Justice of the Peace for the township of Big Rock, Pulaski county, Ark. to answer the complaint of James M. Curran in 94 different actions of debt.

Writ of Error to Ouachita Circuit Court. On the 17th April, 1847, William Calvert, use of Lawson, commenced an action of debt, in the Ouachita Circuit Court, against Truxton Lowell, on a writing obligatory for $490, executed by Lowell to Calvert on the 4th day of April, 1840, payable eighteen months after date. At the return term the cause was continued.

On Quo Warranto. At the present term of this court (July 1849), by the direction of the Attorney General, the clerk issued a writ of Quo Warranto to the sheriff of Crawford county, commanding him to summon John Carneall to appear before the court, &c., to answer unto the State, and to show by what warrant he exercised the franchise of sheriff of Crawford county, “for that the said John Carneall has forfeited the said office, in this, that since his election to said office…

This was an action of debt, determined in the Pulaski Circuit Court, in September, 1839, before,,the Hon. Charles Caldwell, one of the circuit judges. Gray, Durrive & Co., sued Hudspeth & Sutton on a note payable to Wm. F. Pope or order, for $702 30 in Louisiana funds, with interest from date at eight per cent, per annum, assigned by Pope to John H. Reed, and by him to the plaintiffs. The breach merely negatived the payment of the principal sum.

This was an action of assumpsit, tried in the Pulaski Circuit Court, in November, 1842, before the Hon, John J, Cjüendenin, one of the circuit judges. Catharine Fagan, as administratrix of Stephen Fagan, sued Nicholas Faulkner, on two counts. The first alleged that the defendant bargained for, and bought of her, five stacks of fodder, at $30 a stack, which she agreed to deliver and he to pay for; and that she offered to deliver, and he refused to receive and pay.

43;) and that he had duly quali-fíéd as such Treasurer, in all respects, as required by said act. That he had, as such Treasurer, applied to, and demanded of, Samuel Adams, Treasurer of the State, for the dividend of said fund set apart, under the provisions of said act, to Polk county, and that he refused to pay it over to him.

This was an a'ction of debt, determined in the Monroe Circuit Court in March, 1842, before the Hon. John C. P. Toleeson, one of the Circuit Judges. Wills sued Walker, on a note for $200, payable on demand. Walker pleaded want of consideration. Demurrer to to plea sustained, and leave asked and granted to file a new plea. He then filed an amended plea, which was stricken from the files, and was excepted, but did not embody in his exceptions, the plea stricken out.

This was an anomalous proceeding against the sheriff of the county of Pulaski, determined in the Pulaski Circuit Court, in December, 1842, before the Hon. John J. Chenbenin, one of the circuit judges.

Writ of Error to Pulaski Circuit Court. This was an action of debt brought in the Pulaski Circuit Court by John W. Cocke, as executor of John Pope, deceased, against Ebenezer Walters, founded upon a writing obligatory executed by defendant to plaintiff’s testator. In December, 1845, a demurrer was sustained to the declaration, plaintiff brought error, and this court reversed the judgment of the Circuit Court. See Coche, Ex’r of Pope vs. Walters, 1 Eng. R. 404.

The action was brought by Hardy Kelly against Joseph Hutchinson and Thomas Hutchinson, for the recovery of the west half of the north west quarter of section No. twenty-six, in township No. eighteen north, of range No. twenty west, containing eighty acres, with appurtenances, &c. — as alleged in the declaration.

This was an action of debt by petition and summons, determined in the Hempstead Circuit Court, at May term, 1S43, before the Hon. John Field, one of the circuit judges. Held: in Dudley vs. Smith, 2 Ark. 365, that a petition, precisely like the one in this case, was good.

This was an action of assumpsit, determined in the Hempstead Circuit Court, at the May term, 1843, before the Hon. John Field, one of the circuit judges. Chilton sued Ellett and Burton. The declaration contained but one count, on a note for $425, in current bank notes, the value whereof was not averred in the declaration. The defendants demurred to the declaration, for want of profert of the writing sued on, and the demurrer was sustained.

This was an actioh of assumpsit, determined in the Hot Springs Circuit Court, in August, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The suit was commenced by Phillips against Barton Richmond, by writ of attachment, with clause of garnishment against Wilson and Thorn. The writ was executed on Wilson, Sept. 2d, 1841. In April, 1842, allegations and interrogatories were filed against Wilson, and order of publication taken against Richmond.

Writ of Error to Franklin Circuit Court. Debt, by Biseoe, Faulkner, Hill, Drennen, and Walters, as residuary Trustees of the Real Estate Bank, against James and others, determined in the Franklin Circuit Court, August term, 1848, before Hon. W. W. Floyd, Judge. Action commenced by declaration filed February 2, 1848, and writ issued with a mistake in the date, but executed February 11, 1848.

Phillips Circuit Court. This case was before this Court, reported in 3 Arks. p. 18. The cause being remanded, there was a trial and judgment for the defendants below; the Court granted a new trial to which the defendants excepted. Upon the new trial, the evidence was substantially the same, and presented the same question, as reported in 3 Arks. p. 18. The plaintiffs claimed as the heirs and the defendants as the grantees of Sylvanus Phillips.

This was an action of covenant, tried in Carroll Circuit Court, in June, 1843, before the Hon. Joseph M. Hoge, one of the circuit judges. Fancher sued Armstrong on a bond for $¡1000, to be discharged in peltry, horses, or Arkansas bank notes. Plea payment, and joinder.

This was a proceeding by garnishment, determined in Pulaski Circuit Court, in November, 1841, before the Hon. JohnJ. Glen-denin, one of the circuit judges. McClelland, a judgment creditor of William and Jesse B. Badgett, sued a writ of garnishment against Fowler, as administrator of Robert Crittenden, and as debtor, in that capacity, of the Badgetls.

This was an action of assumpsit, determined in the Yan Burén Circuit Court in May, 1843, before the Hon. Thomas Johnson, one of the circuitjudges. Oba Roberts, an infant, by his guardian, George Counts, sued “John Maddox administrator,” &c. of Duke, H. Griggs.

This was an indictment for murder, tried in the Johnson Circuit Court, in September, 1842, before the Hon. Richard C. S. Brown, one of the circuit judges. The indictment was found in 'Franklin county on the 13th of September, 1842. Not guilty pleaded, and venue changed to Johnson county on the application of the prisoner; where the case was tried, and a verdict of voluntary manslaughter returned. Sentence — imprisonment in the penitentiary two years.

This was an action of debt, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The Bank sued Reed and his securities on a bond for $240, executed Nov. 19th, 1840, and due at six months. Two of the defendants, at September term, 1841, pleaded payment, to which issue was joined.

Application to recall and vacate a Supersedeas. This was an application to recall and vacate a writ of perpetual supersedeas granted by this court at a former term. Tide Cross Ex parte reported in 2 Eng. p. 44.

This was an action of assumpsit, determined in the Pulaski Circuit Court, in September, 1842, before the Hon. William Gilchrist, one of the special circuit judges. Brown, for the use of Trapnall & Cocke, sued Watkins, laying his damages at $500. At the return term, the defendant prayed a bill of particulars, which w7as filed, and he then offered a plea to the jurisdiction, alleging the true amount of damages to be $100 or under.

-This cause was diposed of in the Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. It had been previously before this Court, 4 Ark., when the judgment of the Independence Circuit Court was declared void, on the ground that the venue had before been, by order of that Court, changed to Yan Burén county, and the papers transmitted, abut returned for a perfect transcript.

Writ of Error to Phillips Circuit Court. This was an action of ejectment brought in the Phillips Circuit Court by John K. Hart and Harriet bis wife, late Harriet Burriss; Love M. Harris and Frankey his wife, late Frankey Burriss; Stephen Harris and Mary Jane his wife, late Mary Jane Burriss; Joshua Skinner and Martha Ann his wife, late Martha Ann Burriss; Benjamin Marcellus Mooney by his guardian Henry F. Mooney, son and heir at law of Elizabeth Mooney, late Elizabeth…

This case was commenced in this court by certiorari, on the petition of Pike, to the county court of Pulaski, commanding it to certify and send here, a transcript of the assessment of the real estate and improvements thereon of the petitioner, in the city of Little Rock, returned by the assessor and collector of taxes for that county, for 1842, and all entries and matters relating thereto, in the tax-book; with all of the records, &c. of the county court, connected with his…

This was a judgment by default, in debt, rendered in the Jefferson Circuit Court, in April, 1840, before the Hon. Isaac Baker, one of the circuit judges, in favor of John Palmer sen. vs. Margaret Bailey. The defendant sued out a writ of error in May, 1842, the transcript returned wherein contained nothing but the entry of judgment by default.

This was an action of assumpsit against Crary and another, determined in the Pulaski Circuit Court, in September, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Judgment was rendered against Crary. On the trial four depositions were offered in evidence by the plaintiffs, taken in Mississippi. In the captions to two of the depositions, it was stated that the two witnesses resided in Mississippi.

Writ of Error lo Pulaski Circuit Court. This was an action of trover and conversion, brought by Christopher C. Danley against Henry M. Rector, to recover the value of a negro slave named Henry, and was determined before the Hon. Wn.T.iAM H. Feii/d, in the Pulaski Circuit Court, in December, 1846 Tbe declaration averred, in substance, that, on the 29th May, 1843, the plaintiff was possessed, as of his own property, of a negro slave for life named Henry, of dark copper color,…

This was a proceeding by motion, under the statute, against Lawson, as sheriff of Pulaski county, upon an allegation that he had sold property, or made money on an execution in favor of Levy against Mitchell & Charles, sufficient to pay ofF the execution in whole or part, and failed to pay over; determined in Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clenbenin, one of the circuit judges.

This was ati appeal from a justice of the peace, determined in the Pulaski Circuit Court, in December, 1842, before the Hon. John J. Cugndenin, one of the circuit judges. More sued the Real Estate Bank, in March, 1842, before a justice, on two of its 'notes, for $,50 each. Thé justice issued an ordinary summons, which was served by-reading to the president; and on the return day he rendered judgment by default.

This was a proceeding to enforce a mechanic’s lien, under the the statute, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Ciendenin, one of the circuit judges.

This was an action of debt, tried in the Randolph Circuit Court, in April, 1842, before the Hon. Thomas Johnson, one of the circuit judges. Elijah B. and Overton B. Matthews declared against William Johnston, Andrew C. Kelly, and James Johnston, on a note for $118, payable by “the defendants,” to the plaintiffs, by the description of E. 15. and O. B. Matthews, administrators of E. A. Matthews, deceased.

In January, 1848, Abraham B. Embury and Reuben C. Young, partners, &c., filed for allowance and classification in the Probate Court of Independence county, a claim against Frank. W. Desha and Tilford Denton, as executors of Wm. F. Denton, deceased, as follows: “ The estate of William F. Denton, deceased, to Embury & Young: Dr. To moneys collected by said Denton as attorney for said Embury & Young on execution againts Townsend Dickinson & Benj.

This was an indictment against Jeduthan Day, a white man, and Frank and Dennis, negro slaves, for rape, tried in the Crawford Circuit Court, in May, 1843, before the Hon. Richahd C. S. Shown, one of the circuit judges. The indictment charged all as jointly guilty, and alleged the rape to have been committed on the 30th September, 1842.

This was an action of debt, tried in the Arkansas Circuit Court, in October, 1840, before the Hon. Isaac Baker, one of the circuit judges. It was brought by the Bank on a note executed to “ The Branch of the Bank of the State of Arkansas at Arkansas.” Process duly served, judgment by default, and error.

This was a proceeding by sci. fa., to enforce a mechanic’s lien, tried in Saline Circuit Court, in February, 1843, before the Hon. John J. Clendenin, one of the circuit judges. McCullough filed his claim and account for a lien, according to law, on the 2d of February, 1841, against the dwelling-house of William S. Lockert, in Saline, for ‡552 79, and the proper entry was male on the judgment docket.

Tins was an action of assumpsit, tried in the Pulaski Circuit Court, in June, 1841, before the Hon. John J. Ceendenin, one of the circuit judges. Churchill, Southmayd & Co., sued John McLain and Noah H. Badgett, on the common money counts, , The attorney of the plaintiffs executed bond for costs, to both defendants, before suit commenced.

contended the county court having, by order regularly made, vacated the old road and established a new one, could not at a subsequent term set aside their own judgment, (1 Eng. 92. 5 Ark. 23. 2 Ark. 26,) and could only re-establish the old road in the manner directed by the statute. Digest, chap. 140, secs. 59, 44.

<p>This court will not review its former decisions on a case not involving the questions decided in such former decisions.</p> <p>After the death of part of the original trustees of the Real Estate Bank3 a suit waa properly brought in the names of the surviving trustees, on a note made to the Bank, and by it asssigned to the original trustees.</p>

Writ of Mandamus to the Hon. W. H. Feild, Judge of the Circuit Court of Pulaski County.

This was an action of debt, determined in the Crittenden Circuit Court, in April, 1841, before the Hon. William K. Sebastian, one of the circuit judges. The original summons bears dale the 25th August, 1840: and the declaration appears to have been filed on the first day of September, following. The process^was well executed.

This was an action of debt, in which judgment was rendered by default in the Arkansas Circuit Court, in October, 1840, before the Hon. Isaac Baker, one of the circuit judges. The question here was, as to the sufficiency of the return on the summons — the judgment-being by default.

<p>These were three separate indictments, found at the same time against Ira B. Whitmore, and quashed by the Pulaski Circuit Court, in June, 1843, before the Hon. John J. Clendenin, one of the circuit judges. The statement of the cases will be found in the opinion. The State brought error, and the cases were argued here by Hemp-stead, Att’y. Gen., pro tem., for the State, and Ashley & Watkins, contra.</p>

This was an action of assumpsit, commenced by Odle against Floyd & Erwin, and determined in the Phillips Circuit Court, in June, 1842, before the Hon. John C. P. Tolleson, one of the circuit judges. The suit was commenced by attachment. After order of publication, in May, 1842, the plaintiff, without any prayer for it, filed a bill of particulars. No notice was taken of this, upon the record. The defendants first moved to quash the writ.

~Writ of Error to Yell Circuit Court. In July, 1848, William C. Sisson sued George S. Nevells before a justice of the peace of Yell county, on an account as follows: “GEORGE S. NEVELLS, Nov. 1, 1847. To William C. Sisson, Dr. To 5 months work, per self, $10 per month, $ 50 00 To 5 do do per wife, $8 3l£ do 42 50 To cash laid out for family, 7 50 $100 00 Judgment for plaintiff before the justice for $53 68, and appeal by defendant to the Circuit Court.

This was an action of debt, determined in the Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. The Bank of the State sued Bay, Greer, and Holson on a bond, and process issued to Crittenden, where it was served on Hay and Greer, who severed in their pleadings. Hay ultimately pleaded in abatement the issuance of but one writ, to Crittenden; and Greer pleaded nil del corporation.

Debt, by Duncan, as administrator of Dickinson, against Brinkley, Maddox, and Stroud, determined in the Clark Circuit Court, in March, 1849, before the Hon. Jonh Quillin, Judge. The material facts of the case are stated in the opinion of this Court. contended that amendments are within the discretion of the court for the furtherance of justice, (6 Term R, 8. 3 Pet.

This was an appeal from a justice of the peace, tried in the Hempstead Circuit Court, in May, 1843, before the Hon. John Field, one of the circuit judges. O’Connor sued Roy before the justice on a note for $50 75, and an account for $14 99. Roy admitted the claims to be correct, and claimed as a set-off, a bond for $37 50, executed by O’Connor to James M. Duke, and endorsed to him.

Writ of Error to Lawrence Circuit Court. James Underwood sought the allowance and classification of' a claim for $75, against John Milligan, as administrator de bonis ■non of Solomon Hudspeth, deceased, in the Lawrence Probate Court. The claim was allowed in the Probate Court, the administrator appealed to the Circuit Court, where a trial de novo was . had and the claim rejected. Underwood brought error.

This was a suit for foreclosure of mortgage, determined in the Hempstead Circuit Court, in May, 1843, before the Hon. John Field, one of the circuit judges. Cave and Schaffer filed their petition in the Hempstead Circuit Court for the purpose of foreclosing a mortgage, which was executed to them by Jett, to secure the payment of a certain amount of money, confessed to be owing.

This was an action of assumpsit, tried in the Jefferson Circuit Court, in April, 1843, before the Hon. Isaac Baker, one of the circuit judges. Mason sued Bourdon for board, lodging, &c. Plea, not guilty — trial—verdict for plaintiff $160; motion for new trial overruled, and judgment in accordance with the verdict; and exceptions.

Writ of Error to the Hempstead Circuit Court. Debt, on the official bond of Arnett, as late sheriff and ex-officio collector of Hempstead county, determined in the Hempstead Circuit Court, in February, 1848, before the Hon. C. C. Scott, then one of the Circuit Judges. The action was brought in the name of the State, for the use of Hempstead county, against Arnett, the principal in the bond, Williams, Jett, and Paxton, his securities.

This was an action of Trover, determined in the Izard Circuit Court, in April, 1843, before the Hon. Thomas Johnson, one the circuit judges. Nichols sued in Independence circuit court, to December Term, 1839. At that term the defendant changed the venue to Randolph county. Nothing was then done until April, 1841, when in Randolph Circuit Court, the cause was, “by consent of parties and for want of jurisdiction,” stricken from the docket and sent back to Independence.

This was an indictment against George W. Shover, for Sabbath-breaking, determined in the Hempstead Circuit Court, in May, 1849, before the Hon. John Quillin, Judge.

This was an appeal from a justice of the peace, tried in the Independence Circuit Court, in December, 1842, before the Hon. Thomas Johnson, one of the circuit judges. It was commenced before a justice of the peacé on the following instrument: “On or before the twenty-fifth day of December next, I promise to pay to Alexander Graham or bearer, the sum of one hundred dollars, in good current money of this State, for value received.

This was an appeal from a justice of the peace, determined in Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. Tunstall, as assignee of Ring-gold, surviving partner of Redman, sued Fortenbury on the following bond: u 10 48. Due Ringgold & Redman ten dollars and forty-eight cents, value rec’d, payable in good cotton.

This was an action of debt, by petition, determined in the Jackson Circuit Court, in May, 1843, before the Hon. Thomas Johnson, one of the circuit judges. A bond of C. H. Moore, for costs, is copied in the transcript, marked filed before the suit commenced, in the penalty of $100. The defendants moved to dismiss, for want of sufficient bond. Motion sustained, and exceptions.

This was a proceeding by scire facias, determined in Hempstead Circuit Court, in October, 1842, before the Hon. William Conway B., one of the circuit judges, A scire facias issued from that court, on the 27th July, 1842, reciting that on the 27th Nov. 1839, a writ of capias issued from the same court against James Fort, “on an indictment now pending” in that court for exhibiting a gaming table commonly called a Faro Bank, returnable to April Term, 1840, directed the to…

Court. This case was determined in the Dallas Circuit Court, in March, 1849, before the lion. Josiaii Gould, Judge. The facts of the case ¿appear in the opinion of this Court. contended that the Court below could not dismiss for want of jurisdiction, until after the justice had amended the record under the rule granted by the Circuit Court, (Dig., Title “Justice of the Peace,” Sec. 183.)

Lorenzo D. Lafferty filed for allowance and classification, in tbe Probate Court of Independence county, in July, 1845, the following claims against Malinda Lafferty, as administratrix of Austin R. Lafferty, deceased: “ One day after date I promise to pay W. S. Hynson, or order, forty-one dollars and fifty cents, for value received, with interest at the rate of ten per cent, per annum till paid. January 1, 1842.

This was a suit in chancery, determined in the Johnson Circuit Court, in 1842, before the Hon. Richard C. S. Brown, one of the circuit judges.

Writ of Error to Dallas Circuit Court. Debt, determined in the Dallas Circuit Court, in March, 1848, before the Hon. Geo. Conway, Judge. This action was brought by Jackson Cheney, for the use of William T. Crowley, against Joseph C. Higginbotham, upon a writing obligatory of the said Higginbotham, for the payment, thirty days after the date thereof, to the plaintiff or bearer, of the sum of one hundred and five dollars for value received.

Writ of Error to Pulaski Circuit Court. Debt, by Randolph, against Ringgold and Palmer, determined in Pulaski Circuit Court, in October, 1846, before the Hon. William PI. Feild, Judge.

This was an action of debt, determined in the Pulaski Circuit Court, at March term, 1841, before the Hon. John J. Ceendenin, one of the circuit judges. The bank sued Dawson, Cummins and Tucker on a note executed by Dawson as principal, and the others as securities, for $>8000. The defendants filed three pleas; the first, payment, to which issue wa's joined; to the other two, demurrers were sustained, whereupon they took leave to amend, and filed five lew pleas.

The power of granting- pardons is inherent in the Executive, (Cons. Ark., Art. 5, Sec. I. Digest, ch. 52, secs. 244, 245. Bac. Abr.,p. 412, title “Pardon.” Co. Lift. 274. 2 Hawk. P. C. 37, 45,) and maybe conditional. (United States vs. Wilson, 7 Pet. 150.) If tbe condition be not performed, the pardon becomes void, and the prisoner may be remanded under his former sentence. Leach 220. The people vs. James, 2 Caines 57. State vs. Fuller, 1 McCord 178.

This was an indictment against Benjamin L. Brittin, for Sabbath breaking, determined in the Hempstead Circuit Court, in May, 1849, before the Hon. John Quillin, Judge. Defendant pleaded not guilty, and was convicted, He moved to arrest the judgment, which was not granted. He then appealed. The grounds of the motion in arrest of judgment are set out in the opinion of the Court.

Baines exhibited to one of the administrators of Willis Dillard, deceased, a demand against the intestate, proved by the affidavit of himself and others, which was admitted, allowed and classed by the administrator, as belonging to the fifth class of demands payable out of the- estate.

This was a suit in chancery, determined in the Pulaski Circuit Court in July, 1843, before the Hon. John J. Clendenin, one of the circuit judges. Colby, against whom the decree was rendered, brought the case into court, by writ of error, under the provisions of the act of Assembly of January 5, 1843, extending writs of error to suits in equity. On motion by defendant in error to dismiss the writ:

Writ of Error to Union Circuit Court. In August, 1848, James L. Lewis & Co. sued James, Anderson, before a justice of the peace of Union county, on the following account: “1848.

This was an action of assumpsit, determined in tbe Phillips Circuit Court, in October, 1843, before the Hon. John T. Jomes, one of the circuit judges. Biscoe sued Butts, as administrator of Anderson, by declaration with special count for ‡ 1100, for the use and occupation, by intestate, of the press, types and furniture of the Arkansas State Democrat, a quantum meruit count for the same use and occupation, and the common counts.

Writ of Error to Franklin Circuit Court. Thomas C. Parks sued Samuel Evans, before a justice of the peace of Franklin county, in January, 1849, upon a ferriage account for $13 05. Judgment for plaintiff before the justice for the amount of the account, and appeal by defendant to the Circuit Court — William Hail security in the appeal. The cause was determined in the Circuit Court in February, 1849 ,before the Hon. William W. Floyd, Judge.

This was a motion to the county court of Pope county, by Hays, as sheriff, for the allowance against the county of an account for the maintenance and safe keeping of criminals. The motion was over-,‘uled, and Hays appealed to this court. Linton & Batson, for lays, filed an assignment of errors: but Watkins, ¿Wy Gen’l, filed * motion to dismiss the case, on the ground that no appeal lies to ihis court from the final judgment of a county court.

Application to Affirm a Judgment. Dean, a man of color, sued Wilson, in the Crawford Circuit Court, for his freedom, and obtained judgment. Wilson appealed, and the parties agreed of recdrd that the appeal should operate as a supersedeas without recognizance. Wilson did not prosecute his appeal within the time prescribed by law, and Dean applied to this Court tor an. affirmance of tbe judgment of the Court below.

Writ of Error to Ouachita Circuit Court. In January, 1849, William T. Bowen sued Charles Cook, before a justice of the peace of Ouachita county, on an account for $100, for one-fourth of crop made by Cook and Bowen in the year 1848. Judgment for defendant before the justice, and appeal by plaintiff to the Circuit Court, where the cause was-determined in April, 1849, before the Hon. John Quillet, Judge. Trial by jury in the Circuit Court, and verdict for defendant.

This was an action of debt, determined in Pulaski Circuit Court, at September term, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Tait sued John and James McQuaid on a bond made by them to George Waring & Co., assigned to Tait. McQuaid moved the court below to dismiss for want of a bond for costs; the motion was overruled, and judgment nildicit. The motion to dismiss appears to have been based on the admission that the plaintiff was a non-resident.

This was a judgment by confession, in Pulaski Circuit Court, at March term, A. D. 1841, before the Hon. John J. Clendenin, one of the circuit judges. Glasgow & Harrison filed a warrant of attorney executed by Johnston, empowering F. W. Trapnall, Esq., to confess judgment for him in favor of G. & H. With the power of attorney, two notes, one for $1000, and the other for $2000, executed by Johnston, and the affidavit of Trapnall, were filed.

This was an action of debt, tried in the Conway Circuit Court, in. August, 1843, before the Hon. R. C. S. Brown, one of the circuit judges. Thompson and Tucker, surviving partners of Thompson, Beesan & Co., sued Lemoyne on a bond for $113, dated 7 Sept., 1841, payable to them at one day from date. PJea, payment on the 12th of October, 1841, of principal and interest, and issue.

Debt, determined in the Onacbita Circuit Court, in March, 1848, before the Hon. George Conway, then one of the Circuit Judges.

Tins was a bill in chancery, determined in the Phlaski Circuit Court, at the special November term, 1837, before the Hon. Charles Caldwell, one of the circuit judges. A particular statement of the case is not necessary, as the cause went off upon another point. James Lemon brought his bill, in 1832, against Rector, Wagner, and No-land: at April term, 1834, his death was suggested, and the case ordered to proceed in the name of Thomas Mathers, his administrator.

This was an aciion of debt, determined in the Independence Circuit Court, at August term, A. D. 1843, before the Hon. Thomas Johnson, one of the circuit judges. Dickerson, assignee of Thompson the payee, sued Morrison on a writing obligatory. The instrument and assignment are well set forth in the declaration according to their legal effect and operation. The statement of (he pleadings is fully set forth in tire opinion of the court.

Indictment for an assault with intent to commit murder, determined in the Polk Circuit Court, in September, 1849, before the Hon. Josiah… Held: the said Thomas W. Verdell, in and upon the left side near the left nipple of him, the said Thomas W. Verdell, then and there, feloniously, wilfully, and with malice aforethought, did stab, cut, and wound, with intent then and there, and thereby feloniously, wilfully, and of his malice aforethought, the said Thomas W. Verdell, to…

This was an action.of debt, determined in (he Pope Circuit Court, at September term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges.

This was a-suit in chancery, heard in the Circuit Court of Hemp-stead county, in April, A. D. 1842, before the Hon. William Conway Xk, oii-e of the circuit judges. On the 31 si day'of June, A»D. 1834, Benjamin Clark executed the following instrument, under his-seal: “Received of Edward Johnson, jr., two thousand nine-hundred and fifty dollars, in'consideration of eight negro slaves, to wit: Ned, Bob, Hannah, Phillis, Patts, Henry, Christopher, and Walker,, which.

CoveNant, determined in the Dallas Circuit Court, before the Hon. John Quillin, Judge, at the September term, 1849. Declaration, in substance, as follows : “ The State of Arkansas, by attorney, complains of Nathan M. Seoggin, of a plea of breach of covenant.

Petition for Mandamus. Ann J. Crittenden presented her petition to the Supreme Court setting forth that, on the 2d day of October, A.D. 1838, she filed her petition in the Circuit Court of Pulaski county, according to the statute, against William E. Woodruff, praying dower in certain lots in the city of Little Rock, purchased by said Woodruff of Robert Crittenden, deceased, her late husband, during the coverture and to which she had not relinquished her right of dower; that…

This was an action of debt, determined in the Perry-Circuit Court, at September term, 1843, before the Hon. John J. Clendenin, one of the circuit judges. McLain & Badgett sued Rankin on a writing obligatory, dated 3d March, 1835, for $141. At the return term, Oct., 1841, Rankin demurred to declaration — was sustained — and plaintiff amended.

This- was an appeal from a justice of the peace, determined in the Pulaski Circuit Court, at September temí, 1-S41, before the Hon. John J. Ceendenin, one of the circuit judges. The summons was, by the justice, issued against D. Thompson, William Gilchrist, and Thomas Thorn, describing them as partners by the style and firm of “D. Thompson & Co.,’1 and requiring them to answer in an action on a note.

This was an indictment for forging and counterfeiting the corporation notes, or change tickets, issued by the corporation of Little Rock, determined in the Pulaski Circuit Court, at May term, 1843, before the Hon. John J. Clendenin, one of the circuit judges.

Tins’was a proceeding in prohibition, commenced in this court? irr August, 1842.

This was a writ of certiorari, issued by the order of one of the judges of this court in vacation, founded on the petition of Phillip L. Anthony, for the purpose of bringing into this court the proceedings and judgment of a justice of the pea.ce, to the end that, by the adjudication of this court, they might be revised and corrected, and be either affirmed or quashed.

This was an action of trespass, for false imprisonment, determined in the Lawrence Circuit Court, at October term, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Welsh sued Lloyd, McCarroll and Kelloth, for trespass, vi et armis, the declaration containing but one count in the ordinary form.

- This was a petition for mandamus, addressed to one of the judges of this court in vacation, showing, in substance, that about the 4th Oct., 1843, James Bradley sued Martin, before McDade, a justice of the peace for Bradley county; that at the return day, 14th Oct., 1843, M. was prevented by the extreme illness of his family, from attending the trial, but appointed one J. P. to proceed to the office of the justice and state the cause of non-appearance, and request a…

This was an appeal from a justice of the peace, determined in tito Independence Circuit Court, at August term, 1843, before the Hon. Thomas Johnson, one of the circuit judges.

This was a motion, determined in the Pulaski Circuit Court, at March term, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Lawson, as sheriff, filed his motion against Field, stating in substance that by virtue of sundry writs of fufa., against Jefferson Smith, he had levied upon, and advertised, one-fifth part of twenty promissory notes, each for $81 25, then on deposit in the State Bank; that being the interest of Smith in the notes.

This was an action of assumpsit, determined in the Pulaski Circuit Court, at September term, 1842, before the Hon. John J. Clendeit~ in, one of the circuit judges. Breneman sued Ingiish & Johnson-,. Wm. Cummins and L. Gibson, on a promissory note, dated 4th March, 1839, and due twenty-four months after date. Gibson was not served with process, and a discontinuance, as to him, was entered. The other parties to the note pleaded non assumpsit, verilied by affidavit.

This was an indictment against Thomas Hubbard, for trespass upon a sixteenth section, determined in the Hempstead Circuit Court, at the August term, 1848, before the Hon. George Conway, then one of the Circuit Judges.

Writ of Error to Pulaski Circuit Court. Assumpsit, determined in the Pulaski Circuit Court, in November, 1846, before the Hon. William H. Feild, Judge. The action was brought, 28th March, 1845, by Robert Cravens, against Henry F. Samuel.

This was an action of debt, determined in the Phillips Circuit Court, in June, 1812, before the Hon. John C. P. Tollison, one of the circuit judges. Jeter sued Gooch on a transcript of a judgment from the State of Mississippi, instituting his action by writs of attachment. Two writs issued; one to Phillips county, and one to Monroe, each containing a clause of garnishment, by which John J. Bowie and Reason Bowie, were ordered to be summoned as garnishees.

This was an action of debt, determined in the Lawrence Circuit Court, in October, 1841, before the Hon. Thomas Johnson, one of the circuit judges. David and Esther Hynds, cx’r and ex’xof John Hynds, deceased, sued Benjamin Imboden, counting on two notes executed to their testator. The defendant pleaded acíio non acerevit, within five years.

<p>The constitution gives this court, by express grant, power to issue writ9 of superse-deas, but omits to define under what circumstances the writ may issue ; nor has the legislature prescribed any rule to be observed in regard to such writs.</p> <p>In the absence of statutory regulation, the rule of the common law will govern in a proceeding of this kind — this court possessing over this subject the whole power, as exercised by all the courts of England.</p> <p>This power results from the general grant of authority to this court, of supervising the adjudications of inferior tribunals, and to correct their proceedings if they assume to act without authority of law, or oppressively, or in a manner not authorized by law.</p> <p>When a party would be entitled to this writ at common law, it will be granted by this court, upon proper application. . /</p> <p>To entitle him to this writ, asa principal remedy, such facts must he established as show that the inferior tribunal had no jurisdiction, at the' time of pronouncing judgment.</p> <p>The issuance of a writ of error, and supersedeas to stay proceedings until the ease could be heard here, has not the effect to divest the inferior court of jurisdiction, either of the case or the parties; but only suspends execution until determination in this court. If the judgment should be reversed, all power of execution over that judgment is gone forever — not by operation of the supersedeas, but by annihilation of the judgment. •</p>

This was an action of debt, determined in the Independence Circuit Court, at March term, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Dunn sued Hynson and Ringgold on a bond for $>400, the declaration containing but one count. Af-terwards, Dunn sued upon another similar note made by the same parties for the same amount. At the return term, on motion of defendants, the two suits were consolidated.

Edwin T. Burr sued William Byers, as administrator of the estate of George Chandler, in the Probate Court of Independence county, for the allowance and classification of a claim against said estate, which Byers had rejected. The claim was an account made by George Chandler, in his life-time, with Burr for merchandize, commencing in April, 1842, and running to September, 1846, amounting to $706 70, but reduced by credits to $385 18.

This was an action of assumpsit, in the Washinglon Circuit Court, before the Hon. Joseph M. Hose, one of the circuit judges. The declaration contained two counts, first a quantum meruit for goods sold and delivered; and the second, indebitatus count for goods sold and delivered.

This was assumpsit by attachment, in the Conway Circuit Court, before the Hon. R. C. S. Brown, one of the circuit judges., There was but one count, which was indebitatus assumpsit, for goods sold. Buxton, the defendant, appeared and demurred to the declaration; to which there was a joinder.

Tins was assumpsit, determined in the Crawford Circuit Court, at August term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges. Henry sued Hazen; the declaration contained two counts; the first, a special count on a draft in these words: “Please pay to Jno. Henry, one hundred and thirty dollars, in specie, or its equivalent, as soon as you receive the amount of my acc’t of the government, from Capt. Win.

This was an action of assumpsit, determined in the Phillips Circuit Court, in December, 1842, before the Hon. John C. P. Tolli-son, one of the circuit judges. Stacy sued Brown on a lost note, for $300, dated October 7, 1839, due at one month from date. Plea, non assumpsit, and trial.

Writ of Error to Hempstead Circuit Court. This was a scire jadas to revive a judgment of Hempstead Circuit Court, rendered October 14, 1840, in favor of Farrelly against Cross. The writ issued 6th November, 1847, and the case was determined in August, 1848, before Hon. Geokge Con-wav, then one of the Circuit Judges.

<p>This court will not supersede execution of a judgment before a justice of the peace, where he had jurisdiction both of the parties and of the subject matter. Caldwell, Ex parte, ante, cited and relied on.</p>

This was an action of debt, .determined in the Crawford Circuit Court, at August term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges. Wilson sued Vandever on a bond for $.220, bearing ten per cent, interest. V. pleaded that the consideration was usurious, and that the note was void. The plaintiff replied, denying the usury; issue, and trial by jury, who found for the plaintiff.

This was au action of debt, determined in the Johnson Circuit Court, at March term, 1841, before the Hon. R. C. S. Brown, one of the circuit judges. Ashley sued Strayhorn and May, as partners, on a promissory note, for $284 31, executed by “A. M. Strayhorn & Co.the declaration contained but one count.

This was a judgment on delivery bond, rendered in the Pulaski Circuit Court, at May term, 1843, before the Hon. John J. Cbek-henin, one of the circuit judges. The facts sufficiently appear ia the opinion of the court. The case came here by writ of error..

H. White, before justice Hutt, of Pulaski county, on the following claim: “ Little Rock, October 7, 1847. Due to Jonas Levy, for money borrowed of him to pay the hands on the steamboat P. H. White, ninety-five dollars, for valué received. WILLIAM FISHER.” The boat was attached under the writ.

This was an indictment for keeping.a billiard table, in the Crawford Circuit Court, at August term, 1843, before the Hon. R. C. S. Bhown, one of the circuit judges.

<p>Application for Mandamus.</p> <p>Application for Mandamus by Samuel D. Blackburn, Esq.: facts stated by the Court.</p>

Trover, determined in the Hempstead Circuit Court, (on change of venue from Lafayette,) at the February term, 1848, before the Hon. George Conway, then one oí the Circuit Judges. The facts are stated in the opinion of this Court.

This was an action of debt, determined in the Crawford Circuit Court, in October, 1843, before the Hon. R. C. S. Beqwn, one of the circuit judges.

This was an action of debt, determined in the Independence Circuit Court, at June term, 1842, before the Hon. Thomas Johnson, one of the circuit judges. Aiken sued Wm. Byers, John Miniken, and J. H. Byers, on a bond for $300. J. II. Byers was not served, and a discontinuance entered as to him; the other defendants craved oyer of the writing sued on which was granted, and they pleaded separately, payment at, and after the day, set-off, and failure of consideration.

This was an action of assumpsit, determined in the Conway Circuit Court, at.August term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges.

Writ' of Error to Hempstead Circuit Court. Assumpsit by the Alderman and town Council of Washington, Hempstead county, Arkansas, against James W. Finléy, determined in the Hempstead Circuit Court, in August, 1847, before the Hon. Ciieistopiiee C. Scott, then one of the Circuit Judges. Facts stated by the Court.

This was an action of ejectment, determined in the Pulaski Circuit Court, at September term, 1840, before the Hon. Joiin J. Clex-deNin, one of the circuit judges. Percifull sued Evans for a tract of land, in said county, being the S. W. i of sec. 9, T. 2 N., R. 7 W., containing 1G0 acres. Black was made co-defendant on motion. PJea of the genera! issue entered by both defendants, and joinder,in short, by consent. At the trial, the jury found for Percifull.

Writ of Terror to Pulaski Circuit Court. Assumpsit, brought by Richard T. Jennings, for the use of Joseph R. Bettison, against the State of Arkansas, determined in the Pulaski Circuit Court, at the April term, 1847, before the Hon. William H. Sutton, Judge.

This was an indictment for larceny, in the Carroll Circuit Court, determined in April, 1843, before the Hon. Joseph M. Hoge, one of the'circuit judges. The indictment was against Wm. Sneed. During the trial, he was on bail, and part of the time while the trial was progressing, was not present, nor was he in court when the jury returned into court their verdict and were discharged. It was an open verdict, and entered of record by the court, but no judgment rendered on it.

This was a motion to quash a recognizance, determined in the Lawrence Circuit Court, in October, 1843, before the Hon. Thomas Johnson, one of the circuit judges. The recognizance was entered into by Halloway and four others, in the penal sum of $>500; conditioned, reciting, that H. had been charged before J. S. Ficklin and Wm.

<p>The chief object in creating the office of bank commissioner and visitor, was to obv tain for the use of the public and State authorities, authentic statements of the condition of the banks in thfe Mate,* and enable the government to adopt measures for' the preservation of the public credit; and promotion of the common weal.</p> <p>The visitation of all of the banks in the State was necessary. And as to the Real Estate Banky it made no difference whether the trustees mentioned in the deed of assignment were in possession of her assets, or the trustees contemplated in the act of Assembly appointing the commissioner and visitor.</p> <p>If the commissioner performed his duty in visiting the banks, it was the duty of the-auditor to allow his account for services. He v as entitled to his salary in the same 'manner as other public officers.</p> <p>The power of the legislature to create the office and fix the salary, is unquestionable.</p> <p>No money can be drawn from the treasury unless appropriated by law. And the appropriation to pay officers appointed foi winding up the affairs of the State Bank fin'd its branches, includes the salary of the Bank commissioner and visitor. •</p> <p>ÍJy law* tfffcf the practice of the Executive department of the government of this State, the fiscal year commences on the 1st day of October.</p> <p>A presumption, that the legislature created a'n office, fixed a salary, provided an incumbent, and required of him certain specified duties, onerous to himself and important to the State, and not appropriate the money requisite to pay his salary, will not be indulged.</p> <p>Nor will it be presumed, that an appropriation for a specific object, will be for an amount greatly above what is needed for that object.</p> <p>The bank commissioner and visitor, is an officer contemplated and provided for, in the- act appropriating moneys “to pay officers appointed by the present legislature to wind up the State Bank and branches,” approved 3d February, 1843, though he i» not specially named therein.</p>

This was a trial for murder, had in the Desha Circuit Courts in May, 1843, before the Hon. Isaac Baker, one of the circuit judges. Held: that the conclusion was matter of form, and that as matter of form could be amended without the intervention of the grand jury,-fche objection was not tenable. Vide Blackf. Rep.

<p>Where a judgment of the Circuit Court has been reversed by this Court, the Circuit Court cannot proceed to try the casé again until the mandate of this Court is filed therein.</p>

Writ of Error to Pulaski Circuit Court. This was a scire facias to-revive a judgment of the Pulaski Circuit Court, recovered by the Bank of the State of Arkansas against David B. Greer, Samuel Adams, and Robert W. John-scm. The writ issued against all of the defendants in the judgment, was served on Greer and Adams, but no service upon Johnson.

This was an action of debt by attachment, determined in the Crawford Circuit Court, in October, 1843, before the Hon.. R. C. S. Brown, one of the circuit judges. Kennedy, for the use of Jonathan Allen, sued Charles M. and Lorenzo Delano, aud with his declaration filed an affidavit and bond for attachment.

Writ of Error to Ouachita Circuit Court. Debt, brought by Ezekiel C. Joyce, (24fch Aug., 1848,) against George W. Smith, in the Ouachita Circuit Court, and determined at the April term, 1849, before the Hon. John Quillin, Judge. The action was founded on two promissory notes, dated November 20th, 1842, payable one day after date: one for sis, the other for three hundred dollars. Common counts added tor money lent, &c. The facts are stated by the Court.

This was a petition for supersedeas to suspend the execution of a fee bill from Phillips county, directed to the sheriff of Pulaski county-The facts are sufficiently stated in the opinion of the court.

<p>This was an action of debt, determined in the Yan Burén Circuit Court, in October, 1843, before the Hon. Thomas Johnson, one o^ the circuit judges. Sam C. Roane, Ebenezer Waiters, Lambert Reardon, Henry L. Biscoe, William F. Moore, John Preston jr., Anthony H. Davies, Sandford C. Faulkner, Silas Craig,-George Hill1, Enoch J. Smith, James H. Walker, Lorenzo N. Clarke, John Dren-nen, and Robert S. Gibson, as trustees and assignees of the Real Estate Bank, and as successors and survivors of Carey A. Harris, deceased, and of James S. Conway and Daniel T. Witter, removed, sued John L. Lafferty, Charles R. Saunders, and Thomas Carpenter. The declaration, so naming and describing the plaintiffs, stated the execution, by defendants, Feb. 16th, 1841, of a note to the bank, (of which profert is made) due 125 days after Feb. 17, 1841, for ‡ 110. It then alleged, that on the 2d of April, 1842, the bank, by-deed of that date, “and by endorsement on said note then made by-Thomas W. Newton, cashier of the principal bank of said bank at Little Rock, and then the agent of said bank, authorized in that behalf, assigned and transferred said note” to the plaintiffs, Roane Biscoe, Moore, Preston, Davies, Faulkner, Craig, Hill, Smith, Clarke, Drennen, and Gibson, and to said Harris, Conway, and. Witter, “as trustees of said bank, and to their successors and survivors in said trusteeship,” of whom the plaintiffs are successors and survivors. The breach is ample and sufficient. The suit was discontinued as to Carpenter, not served, and demurrer by Lafferty sustained; whereupon it is considered by the court, that said declaration be, and the same is hereby, quashed;” and defendants go without day, and'recover costs. The plaintiffs appealed. The grounds of demurrer alleged are, that there is no profert of the assignment; that plaintiffs have no right to sue, no cause of action set out in declaration; and declaration otherwise insufficient, uncertain and void.</p>

Writ of Error to Clark Circuit Court. Debt, by Duncan, as ad., &c., of Dickinson, against Bark-man, Barkman, and Calloway, determined in the Clark Circuit Court, in March, 1848, before Hon. George Conway, then one of the Circuit Judges. The action was founded on a writing obligatory. Defendants craved oyer, and demurred for variance. The alleged variance appears in the opinion of this Court.

<p>Writ of Error to Ouachita Circuit Court.</p> <p>In March, 1848, Simon T. Sanders, William Arnett, Hugh W. Ashley, John H. Cornish, James McKinsie, Nathan S. Ward, James Murphey, Thomas Murphey, Henry Hunter, John Ferrell, Leonard Wilson, Thomas C. Harvey, William Young, and Isaac N. Norrill, presented their petition to the Judge of the Ouachita Circuit Court, for Mandamus against the County Court of said county, stating that, in the latter part of the year 1844, William Brooks, John Brooks, and James Hanners, were indicted in the Ouachita Circuit Court for the murder of Alexander Pickard and Craig Pickard; that there being no jail in Ouachita, the prisoners were taken to the jail of Hempstead county, to the Circuit Court of which county the venue in the case was subsequently changed; that petitioner Sanders was Clerk of the Hempstead Circuit Court; Arnett, Sheriff of said county; Ashley, Sheriff of Ouachita, and Cornish, Sheriff of Union county; and the other petitioners witnesses in the case; and that they severally performed the services in said case stated in accounts exhibited with the petition. That, at the May term of the Hempstead Circuit Court, 1846, petitioners presented their accounts to the presiding Judge, who examined them, and ordered them to be certified to the County Court of Hempstead county for allowance and payment, said accounts amounting, in the aggregate, to $384 52. Said accounts were accordingly duly certified, and presented to the County Court of Ouachita for allowance, and were not allowed. The accounts, certificate of the Circuit Judge, and rejection of the County Court, were made exhibits. Prayer for Mandamus to the County Court of Ouachita, to compel the allowance and payment of the claims.</p> <p>The certificate of the Circuit Judge was as follows :</p> <p>“Whereas, the prosecution in the above entitled case having been removed from the county of Ouachita to the county of Hempstead, and the said defendants having escaped from custody, and it appearing that costs have accrued in said prosecution to the amount of $384 52, and the Court having inspected and adjusted the same, it is ordered that the said several bills of costs and expenses marked A. B., &c., &c., amounting, in the aggregate, to the sum aforesaid, be certified to the County Court of the county of Ouachita, and that the same be paid by said County Court to the several persons named in said bills of costs, according to the sums respectively due as' in said bills of cost specified,” &c.</p> <p>The County Court of Ouachita appeared to an alternative writ, and demurred to the petition: demurrer overruled, and peremptory writ of Mandamus awarded to compel said County Court to allow said claims, &c. Writ of error by defendant.</p> <p>In the absence of all legislation, the State, who is the sovereign, would pay no costs, (3 Bl. Com. 397. 8 Greeril. 105. 1 liayw. 221. 2 Tyler 44. 4 Gill & Jb/wi. 407): nor wo aid the county be responsible for costs incurred in criminal prosecutions by the State, unless there be an express statutory provision for it, and the statute must be strictly followed. Seetion 217, ch. 52, Dig., refers to the county where the trial is had, and so does section 219, and not to the county where the indictment is found.</p> <p>Counties are liable for costs, under the statute, only on conviction and return of nulla Iona, or on'acquittal of the accused. And the party must bring himself strictly within the statute, or the county will not be liable. (4 Scrg. & Rawle Rep. 541. 2 ib. 290. 12 ib. 94.) In this case, it appears that there was no conviction or acquittal.</p> <p>The order of the Circuit Court, under section 219, is not binding — such facts not appearing of record as would give the Court jurisdiction, to wit: 1st. That an indictment had been found, and had been pending in the Court: 2d. That the defendant had been acquitted or had been convicted, and an execution against him had been returned 'nulla bona: 3d. That the subject matter of the claim was costs in the cause due to a person legally entitled to receive such costs. Borden vs. Fitch, 15 J. R. 141. 5 Har. & John. 130. 6 Wheat. 119.</p>

This was an action of debt, determined in the Jefferson Circuit Court, in April, 1843, before the Hon. Isaac Baker', one of the circuit judges. Suit was instituted, in the name of (he governor, for the use of J. L. Conant & Co., on the ofiicia! bond of Medicus 11. T. Outlaw, G. T. Fanning, and Mary his wife, late Mary Fugate, as administrators, and others their securities, for the faithful administration of the estate of Joseph Fugate, deceased.

This was an action of debt bj attachment, determined in the Crawford Circuit Court, in October, Í843, before the Hon. R. C. Si. Brown, one of the circuit judges. Judgment for the defendants below, and writ of error. The transcript was perfect in every respect except having the seal of the Crawford court affixed.

Writ of Error to Ouachita Circuit Court. This was an action of assumpsit, brought by Vaughn & Co. against Spratt & Kerr, on an account for merchandize, &c., determined in the Ouachita Circuit Court, in March, 1849, before Hon. John Quillin, Judge.

This was an aclion of debt, tried in the Lafayette Circuit Court, in October, 1843, before the Hon. John Field, one of the circuit judges. Crabtree, as administrator, sued Perkins and wife.

Writ of Error to Hot Spring Circuit Court, On the'27th April, 1846, John C. Hale brought an action of unlawful detainer, in the Hot Spring Circuit Court, against Garrett Williamson, for the possession of some improvements situate in the Hot Springs valley. The sheriff put the plaintiff into possession of the improvements in question, on his executing the usual bond in such cases.

This was a petition in debt, in the Lafayette Circuit Court, in April, 1843, before fhc Hon. John Field, one of the circuit judges. The principles decided are similar to-those in Perkins andzoifevs. Crabtree, ante, but the cases differ somewhat in detail, and it is thought best to give a statement of both.

Writ of Error to Lawrence Circuit Court. The Bank of the State of Arkansas brought an action of debt, by petition, against Sebron Cason and Gabriel Frost, to the April term, 1847, of the Lawrence Circuit Court, upon a promissory note for $118, dated October 28th, 1843, and payable-twelve months after its date. No endorsement of the time of filing the petition is copied in the transcript.

This was assumpsit, determined in Pulaski circuit court, in November, 1840, before the Hon. John J. Ckendenin, one of the circuit judges. .

Replevin, for a slave, brought by Francis C. Berry vs. Thomas Singer, in the Bradley Circuit Court, and determined before the Hon. William H. Feild, Judge, at the April term, 1848. Defendant pleaded nmicepit, and property in himself; issues to the pleas, trial, and verdict for defendant.

This was ejectment, determined in Washington circuit court, in January, 1843, before the Hon. Joseph M. Hose, one of the circuit, judges. Joseph and Elizabeth Garven on the 12th of January, 1841, sued Campbell for the east half of the north-east quarter, and the west half of the north-east quarter of section eight, township 14 north, range 32 west, containing 160 acres of land in said county.

Scire facias to revive a judgment of the Jackson Circuit Court, recovered by Edward Calvert against Rufus Stone. Plea of payment, issue, trial, verdict and judgment for defendant. Motion for new trial, by plaintiff, overruled, and bill of exceptions setting out the evidence, &c. The cause was tried before the Hon. William C. Scott, Judge, in May, 1849. Appeal by plaintiff. The evidence, &c., is sufficiently stated in the opinion of this Court.

This was an action of debt determined in the Independence circuit court in August, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Hynson filed his declaration against Burton, on a bond for $2,556 18, executed by him to Hynson, due one day after April 12, 1842; and his affidavit for attachment and bond, on which a writ of attachment’issued, and was levied on certain property, and served on divers garnishees.

Debt, determined in the Independence Circuit Court, at March term, 1849, before Hon. William C. Scott, Judge.

Writ of Error to Yell Circuit Court. E. P. Hine and wife, Elizabeth, sued Swisher and others, before a Justice of the Peace of Yell county, on a note made to said Elizabeth. Judgment in favor of plaintiffs on the 9th June, 1849. On the 9th July, following, Swisher appealed to the Circuit Court.

This was an action of debt determined in the Crawford circuit court, in December, 1843, before the Hon. R. C. S. Brown, one of the circuit judges, John Drennen, as surviving partner of Thompson and Drennen, sued Boyer & Clark, on a money bond for $450, dated 20lh November, 1841, due at nine months from date, with interest at 10 per cent, from due. After oyer craved and granted, the defendants filed four pleas.

Writ of Error to Jefferson Circuit Court. Debt, by the Bank of the State of Tennessee against William Armstrong. The declaration contained seven counts : the first three upon a judgment of the Circuit Court of Davidson county, Tennessee; the other four, common counts.

Writ of Error to Union Circuit Court. Debt, by Franklin B. Pierce, against Lee Sullivan and William Lee, determined in the Union Circuit Court, at the October term, 1847, before the Hon. George Conway, then one of the Circuit Judges.

This was a bill in chancery, determined in the Jefferson circuit court, in April, 1844, before the Hon. Isaac-Baker, one of the circuit judges. Henry L. Allen brought his bill against Rowan Watson, Giles and George W. Babcock, alleging in substance that Watson^ as the assignee of the Babcocks, had in said court recovered against Allen, in an action against him and one Barnes, a judgment by default for $736 61.

Writ of Error to Lawrence Circuit Court. On the 16th June, A.D. 1847, William Robinson brought an action of replevin, in the Independence Circuit Court, against C. F. M. Noland, for two slaves, Phill and Jackson. The sherifi' returned upon the writ, that, not finding the slaves, he took into custody the body of defendant, and released him on his giving bond as required by law.

John C. P. Tol-lison, one of the circuit judges. On the 20th of January, 1841, Riggs, Peabody & Co., Sled in the probate court a note executed to them by “J. D. L. McWhiie,” for $443 52 cents, with an affidavit of Riggs, one of the firm, made before a notary public in Maryland, and certified under his notarial seal, that the amount of the note was justly due and owing, and that no part or parcel thereof had been received either 'directly or indirectly, or any security or…

This was an action of debt determined in the Hempstead circuit court, in May, 1844, before the Hon. John Field, one of the circuit judges. Baldwin, as administrator of Peter Simmerman, sued Edward Cross, on the 15th day of June, 1843, on two judgments rendered in favor of Peter and John Simmerman, in the State of Kentucky, against Cross, in April, 1822.

Writ of Error to Sevier Circuit Court. On the 7th May, 1847, Samuel Moore sued John L. McLendon before a Justice of the Peace of Sevier county, upon the following instrument: “ Three months after date, I promise to pay Samuel Moore, or order, the sum of thirty dollars — this sum of thirty dollars may be discharged in carpenter’s work at the customary prices.

This was an indictment for stealing the records of a justice’s court, determined in Pulaski circuit court in December, 1842, before the Hon. John J. Clendenin, one of the circuit judges.

This was an action of assumpsit, determined in the Pulaski circuit court, in July, 1843, before the Hon. John J. Cuendenin, one of the circuit jhdges. George and Henry Benedict sued Lawson on a special. count and an indebitatus and quantum valebat count for lumber to the amount of $150, delivered to John Saylors.

Writ of Error to Chicot Circuit Court. This was debt, by a corporation, chartered in the State of Mis sissippi, by act of the legislature of that State. The suit was on a note executed 7th March, 1840, due at twelve months, and. another of the same date due at two years. The suit was brought on the 1st of December, 1845. Plea, actio non within three years. Demurrer to this plea sustained, and judgment lor the plaintiff. Judgment reversed here.

This was an action of debt determined in the Mississippi circuit court, in April, 1842, before the Hon. John C. P. Tolmson, one of the circuit judges.

This was an action of assumpsit, determined in the Hempstead circuit court, in May, 1844, before the Hon. Robert W. Johnson, special judge. Rufus H. King sued Joshua Morrison for goods sold and delivered; the declaration containing three counts — the indebi-tatus, quantum meruit and quantum valebant counts. At October term, 1841, Morrison pleaded non-assumpsit; at April term, 1842, there was a trial by jury and verdict for the plaintiff, $>500 damages.

This was an action of debt determined in the Crawford cireuit court, in October, 1843, before the Hon. Richard C. S. Brown, one of the circuit judges. Heard & Co. sued Lowry on a bond for $557 83, by declaration in due form, filed July 29,1843; on the same day, they filed the affidavit of Heard, one of the plaintiffs, stating that.

This was an action of debt, determined in the Pulaski circuit court in May, 1844, before the Hon. John J. Clendenin, one of the circuit judges. The Bank of the State sued Asa Thompson, Edward Cross, and Wm. H. Bizzell.

' The facts sufficiently appear from the opinion of this Court. contended that, as the affidavit for continuance was in strict conformity with the statute, (Dig., sec. 86, ch. 126,) and no opportunity was allowed to the appellant to procure his testimony, he was entitled to a continuance : also, that the Court erred in rendering judgment against Mark Hensley, who was no party to the cause.

Mordicai Ratliff was indicted in the Lawrence Circuit Court for disturbing a religious congregation, as follows : “The Grand Jurors, &c., &c., upon their oath, present that Mor-dicai Ratliff, late, &c., on, &c., with force and arms, at the town of Smithville, in the county of Lawrence, did contemptuously disturb a certain congregation of people, then and there assembled, in a certain house called the court-house (the said house not being a church) for religious worship, by…

Writ of Error to Pulaski Circuit Court. Scire facias to revive a judgment of the Pulaski Circuit Court, recovered by Brown, Robb & Co., against Richard C. Byrd, on the 7th November, 1840. Writ issued 10th August, 1848. Defendant pleaded that the cause of action did not accrue to plaintiffs within five years next before the commencement of the suit. Demurrer to the plea overruled, arid final judgment for defendant.

Smith Bell was indicted in the St. Francis Circuit Court, as follows: “ The Grand Jurors, &c., duly elected, &c., &c., upon then-oath, do present that one Smith Bell and one Joel Carter, late of, &c., on the 1st June, A.D. 1847, at, &c., one instrument intended for the purpose of counterfeiting coin current in the State of Arkansas, called a press, fraudulently did use, contrary to the form of the statute, &c., and against the peace, &c. “ And the jurors aforesaid, upon…

This was an action of assumpsit, determined in the Pulaski circuit court, at May term, 1844, before the Hon. John C. P. Tollison, special judge. The Bank sued Simeon Buckner, Lambert J. Reardon and Robert A. Watkins, on a bill of exchange.

<p>As to the power of the Circuit Court to set aside sales made under its process.</p> <p>A judgment obtained in the Circuit Court against an administrator, as such, cannot be executed until the estate is settled in the Probate Court; but an execution issued on such judgment before it is ascertained that there are assets to pay it, is irregular, not void.</p> <p>If the administrator permits a sale under such execution, to a person who hoB no notice of the irregularity of its issuance, such sale will not be set aside, though the execution may be quashed.</p>

This was an action of debt, determined in the Hempstead circuit court, in Maj, 1844, before the Hon. John Field, one of the circuit judges. Sam C. Roane and others, trustees of the Real Estate Bank, sued Hartfield, Brown and Moss, on a note to the Bank, dated Dec. 21st, 1839, for $1,566 67, due 12 months after date, and assigned to the plaintiffs on the 2nd of April, 1842.

<p>On Certiorari to Justice Skoppach, of Saline.</p> <p>Facts appear in the opinion of the Court.</p>

Writ of Error to Crittenden Circuit Court. James McPeak brought an action of assumpsit against Thos. M. Collins, in the Crittenden Circuit Court, to the April term, 1845. Plaintiff claimed, in his declaration, $800 for carrying the mail for defendant, on a certain route for which defendant was contractor; and $400 for work and labor upon the farm of defendant. Defendant pleaded non assumpsit, set-off, and payment, to which pleas issues were made up.

This was an action of assumpsit, tried in the Pulaski circuit court, at September term, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Rawdon, Wright and Hatch, engravers of New York, were the plaintiffs, and. The Real Estate Bank, defendant.

Mathis brought an action of debt against McFarland, in the Chicot Circuit Court, on an award, and the common counts for work and labor, wares and merchandize. Defendant pleaded: 1st. No such award: 2d. If any such award, it was made without submission or agreement on his part: 3d. Nil debet. Issues to the pleas, trial, verdict, and judgment for plaintiff. Bill of exceptions by plaintiff, setting out the evidence, &c. It is not necessary to detail the whole testimony.

Writ of Error to Independence Circuit Court. Debt, by the Bank of the State of Arkansas against Isaac Folsom and William Byers. The Hon. William C. Scott, Judge, quashed the writ for an alleged variance from the declaration, which is fully set out in the opinion of the Court.

James Walker and wife, Temperance, filed a petition in the Probate Court of Washington county, praying the removal of George Morrow from the guardianship of George T. Morrow, a minor. The Probate Court revoked the order appointing Morrow guardian of said minor, and appointed one Leach in his stead. Morrow prayed an appeal to the Circuit Court, filed the necessary affidavit, but no bond for costs, and the appeal was granted.

On motion to vacate Swpersedeas. Gibson obtained a judgment by default against Clark, in the Scott Circuit Court, in an action on a note. On an ex parte application to this Court, the judgment was superseded on the ground that the Court had no jurisdiction of the person of Clark for want of service of the writ, and that the judgment was therefore void. At the present term, Gibson moved to recall and vacate the supersedeas.

Francis Circuit Court. William Parrott was indicted (with others) in the St. Francis Circuit Court, for betting at cards. The indictment is copied in the opinion of this Court. He severed, was tried on the plea of not guilty, and convicted.

Writ of Error to Fulton Circuit Court. Action of trespass, brought by Jackson against Bowling and others, in the Fulton Circuit Court, and determined before the Hon. William C. Scott, Judge, at the April term, 1849. The writ was quashed, and plaintiff brought error.

Writ of Error to Phillips Circuit Court. On the 5th of April, 1847, William A. Akin commenced an action of debt, in the Phillips Circuit Court, against Boyd Bailey, upon a writing obligatory for $150, executed by defendant to W. Howard & Co., payable the 1st March, 1840, and by them assigned to plain tiff on the 22d April, 1840, as alleged in the declaration.

On the 20th September, 1848, Francis Lee commenced an action against James Logan, in tbe Scott Circuit Court, by filing in the office of the clerk of said Court the instrument copied in the opinion of this Court, and suing out a writ thereon. Defendant pleaded non assumpsit; issue, trial, verdict and judgment for plaintiff for $109 62, damages. Date of judgment 22d August, 1849.

Writ of Drror to Pulaski Circuit Court. Charles A. Downer was summoned as a witness, on behalf of the State, in more than a dozen criminal cases, (gaming,) pending in the Pulaski Circuit Court; and, at the April and October terms, 1848, attended to testify, and at each term proved up his attendance in each case. The cases were determined against the State. The clerk refused to tax the costs of his attendance in each case, but taxed his per diem allowance in one case only.

Writ of Error to Newton Circuit Court. This was an action for a libel, brought by Thomas Jones against George B. Cecil, and was determined in the Newton Circuit Court, before the Hon. William W. Floyd, Judge, on the 18th September, 1849. The declaration contained four counts.

This was a proceeding by quo warranto, issued from this court, for the purpose of seizing into the hands of the State the franchises of' Ithe Real Estate Bank. The plea of the Bank exhibits the charter of incorporation, and states, with all necessary precision a complete and perfect organization under it, an acceptance of the charter, and acts of the Bank thereunder.

Writ of Error to Pulaski Circuit Court. . On the 25th May, 1849, Byrd Brian sued James Tims, in Pulaski county, before justice William S. Hutt, on a judgment rendered by a justice of the peace in the State of Ohio, in favor of Brian against Tims, on the 30th June, 1842, for $57 50, damages, and $2 87 costs.

Writ of Error to the Pulaski Circuit Court. The facts are stated by the Court. The 18¿/¿ sec. ch. 96, Dig., upon which this action is founded, is more extensive than the stat. 11 Geo. II, ch. 19, and gives a remedy in all cases where in justice and equity the occupant ought to pay rent.

William Brown, Jr., was convicted, in the Pulaski Circuit Court, for gaming, and appealed to this Court.

This was an appeal from the probate court of Washington county, determined in the Washington circuit court, in January, 1843, before the Hon. Joseph M. Hoge, one of the circuit judges. John and W. D. Reagan, as administrators of Benton G. Hill, presented their account of administration in the probate court, for settlement, which was objected to by certain creditors of the estate, and from the decision made, an appeal was taken to the circuit court.

On Quo Warranto. On the 28th July, 1849, the State sued out a writ of Quo War-ranto against James Penney, requiring him to show by what warrant he exercised the franchise of Sheriff of Sevier county, State of Arkansas) the writ averring that “ he was an alien, and not a citizen of the United States at the time of his election to that office.” At the January term, 1850, the defendant, by S. H. Hemp-stead, his atttorney, filed Ms reponse showing his election commission and…

This was an action of ejectment, tried in the Conway circuit court in October, 1843, before the Hon. Richard C. S. Brown, one of the circuit judges. Howard and others, as administrators of Nimrod Meni-fee, sued Berger & Morrill for the ^possession of a lot of land in Lewis-burg, alleged in the declaration to have belonged to their intestate, and to which they claimed right of possession generally as his administrators.

Writ of Error to Independence Circuit Court. Debt, by the Bank of the State of Arkansas, against Morris and Bates, determined in the Independence Circuit Court, at the September term, 1849, before the Hon. William C. Scott, Judge. Writ quashed on motion of defendants, and judgment in their favor for costs. Error by plaintiff. Defendants in error moved to dismiss, on the ground that there was no final judgment in the Court below.

This was an action of replevin, determined in the Pulaski circuit court, in September, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Saffold’s administrators sued Gray, one of the heirs, for a negro belonging to the intestate. Judgment for plaintiffs exceptions, setting oat the evidence and instructions, in error.

Writ of Error to Washington Circuit Court. On the 23d July, 1847, the Bank at Fayetteville filed a declaration in debt against William B. Wooddy, Abraham Whinery, and Alfred B. Greenwood, founded on a promissory note for $722, executed by Wooddy, as principal, and the others as securities, on the 12th March, 1842, and payable to the Bank six months after date; and process was sued out, and executed on the parties.

This was an appeal from the probate court of Lafayette county, determined in the Lafayette circuit court, in September, 1842, before the Hon. Wm. Conway B., one of the circuit judges. Mary Crab-tree, widow of James Crabtree, filed in the probate court her petition to have dower assigned her in certain lands and slaves in Lafayette county, and lands in Hempstead county.

This was an appeal from a justice of the peace, tried in the Arkansas circuit court, in April, 1843, before the Hon. Isaac Baker, one of the circuit judges. White sued Wait, before the justice on an account for $100, the price of three bales of cotton, when Wait had judgment and White appealed. In the circuit court the case was tried by a jury, and White had judgment. Wait moved for a new trial — motion overruled — exceptions setting out the evidence.

This was an action of assumpsit, determined in the Pulaski circuit court, in January, 1844, before the Hon. J. J. Clendenin, one of the circuit judges. Held: that a memorandum at the foot of a note, designating the place of payment, was a material part of it.

Facts appear in the opinion of this Court. That the defendant had a right to file his pleas at the calling of the cause, (Hixon vs. Weaver, 4 Eng. 137): a plea, though defective, cannot be stricken from the files unless it is an absolute nullity, (Wilson et al. vs. Shannon fyuAfe, 1 Eng. 198): and one at least of the pleas is good. The pleas are nullities, and were put in merely for delay: the second plea, denying the consideration is not sworn to.

This was an appeal from a justice of the peace determined in the Carroll circuit court, before the Hon. Jos. M. Hoge, one of the circuit judges, in December, 1843. Rutherford sued Lafferty. The cause of action was, “Rec’d. of John H. Rutherford, two hundred and twenty-five dollars for corn, at 374 cents per bushel, which I do promise to deliver on the river bank, when called for. January 25, 1838,” and si gnedby Lafferty.

This was assumpsit determined in the Pulaski circuit court, in- November, 1842, before the Hon. John J. Cdendenin, one of the circuit judges. Byrd sued Bertrand. The declaration contained four counts.

This was an indictment for an assault, with intent to murder, tried in the Crawford circuit court, in March, 1844, before the Hon. R, C. S. Brown, one of the circuit judges. Held: an assault did make, with intent, him, the said Emily Bishop, feloniously, willfully, and of his malice aforethought to murder, against the peace and dignity of the State of Arkansas;” with the proper conclusion.

Debt in the Crawford circuit court, determined in October, 1843, before the Hon. R. C. S. Brown, one of the circuit judges. Pratt sued Keith. The declaration was, “John G. Pratt, surviving partner of E. Y. Baker, by attorney, complains of Nathan Keith to answer the plaintiff in an action of debt, and the plaintiff demands of the defendant the sums of $482 48, which he owes to and unjustly detains from him.

Debt in the Pope circuit court, determined in March, 1844, before theHon. R. C. S. Brown, one of the circuit judges. Haines and Darrah, partners, sued McCormick. At the return term McCormick appeared, and filed his motion to dismiss the suit, because there was no sufficient bond for costs filed previous to the institution of the suit. This motion was overruled. The record shows a good bond for costs, and that it was filed on the same daj with the declaration.

This was an action of debt, against James Lawson, on his official bond, as sheriff of the county of Pulaski, determined in Pulaski circuit court, in June, 1842, before the Hon. John J. Ceenbenin, judge thereof.

Trover, in the Conway circuit court, determined in October, 1842, before the Hon. R. C. S. Brown, judge thereof. Mary E. Meni-fee, widow, sued Howard, Mason, and Menifee, administrators of Nimrod Menifee, deceased. The declaration contained but one count for a gold watch, and one Durham cow and calf.

This was a proceeding by garnishment, determined in Pulaski circuit court, in December, 1843, before the Hon. JohwO. P. Tollison, special judge.

<p>On motion to dismiss writ of error.</p>

This was debt on sheriff’s bond, determined in Pulaski circuit court, in January, 1844, before the Hon. John J. Clendenin, one of the.circuit judges. The suit was brought in the name of the State, for the use and benefit of the State Bank, on the official bond of the sheriff of Johnson county.

Trespass, on the case for false return, determined in Pulaski circuit court, in January, 1844, before the Hon. John J. Clendenin, one of the circuit judges. Tunstall sued Haynes.

This was an action of debt determined in the Phillips circuit court, at April term, 1844, before the Hon. John T. Jones, one of the circuit judges. Williams, assignee of Williams & Co., sued Yeates & Butts on a writing obligatory, executed by Andrew J. Greer, as principal, and the defendants as securities.

Petition for mandamus to the judges bf this court, by Wright «1 towing that the probate court of Independence county, had at Oc- tober term, 1843, duly ¡appointed him guardian of Malvina M. Wag-goner, a minor under fourteen years of age: that he had given bond and security as such, which was approved by said court: that the person of the ward was illegally held in possession and forcibly detained by one Andrew Waggoner; that showing the above facts to the Hon. Thomas…

Debt, on bail bond determined in Pulaski, before the Hon. John J. Clendenin, one of the circuit judes, in July, 1843. The Mayor and Aldermen of the city of Little Rock, for the use of the city, sued Johnson. The declaration states the filing of a declaration by the plaintiff in said court, against Sutton, Gray, and others, with an affidavit for bail writ, which was issued by the clerk, in vacation, properly endorsed.

Ejectment, determined in Pulaski, in January, 1844, before the Hon. John J. Clendenin, one of the circuit judges. Ann E. Cocke a minor, by her guardian, A. Fowler, sued Hugh Brogan, as tenant in possession of the premises, to recover certain lots or parcels of land in the county of Pulaski, and city of Little Rock.

Piioceeding by garnishment, determined in Pulaski, in December, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The writ alleged a judgment to have been obtained in that court, in May, 1842, by Means against one Hartley, for $1,333 33 debt, and $263 30 damages and costs, and calling upon Tunstall and another to show what goods, chattels, moneys, credits, or effects of Hartley, they had in possession — in-the usual form.

Appeal, from justice of the peace determined in Pulaski in December, 1843, before the Hon. John J. Clendenin, one of the circuit judges. . Jacob B. Hancock sued Lemuel R. Lincoln upon anote for $¡43 75, dated 21 January, 1833, payable at the office of the Bank of the United States at Cincinnati, ninety days after date.

Debt, determined by Hon. John C. P. Tollison, special judge, in Pulaski circuit court, in December, 1843. Dooley and Karnes sued Watkins, as administrator of A. L. B. Byrd, deceased. The declaration contained but one count on a bond by the intestate to the-plaintiff’s for $1,300. The declaration was in all respects, technical and regular.

Detinue, determined in Desha circuit court, in September, 1843, before the Hon. Isaac Baker, one of the circuit judges. Brock sued Saxton for two slaves of the value of $¡600. The case was tried on the general issue, and property in defendant. The fact3 of the case appear substantially, in the opinion of the court. On error.

John J. Clendenin, one of the circuit judges. The defendants, as judgment creditors of the plaintiffs in error, appeared in the circuit court, on the 21st day of June, 1843, and filed therein a motion in writing, whereby they set forth “that a judgment was obtained by motion upon a forfeited delivery bond, against the said defendants, at the March term, A. D. 1841, of the Pulaski circuit court, which judgment, under the decision of the supreme court this State, is erroneous…