Volume 6 — Arkansas Reports

Replevin, in the cepit, by Evans, against Town, for a printing press, type, &c. Town pleaded non cepit, and property in himself; issues, trial, and verdict and judgment for plaintiff Error by defendant, and the case reversed, and remanded. See Touni vs. Evans, 1 Eng. R. 260. After the case was remanded, at the April term, 1849, there was a mistrial, and the cause continued.

Writ of Error to Washington Circuit Court. This was an action of debt by the State, for the use of Wallace, upon an administrator’s bond, against Gordon, the principal in the bond, and Oldham and Cardwell, securities, determined in the Washington Circuit Court, in February, 1845, before the Hon. Sebron G. Sneed, then one of the Circuit Judges.

Writ of Error to Pulaski Circuit Court. William-Brown and Joseph Fenno sued Jonas Levy before a justice of the peace of Pulaski county, in March 1848, on the following instrument: “$100. Thirty days after date we or either of us promise to pay Brown & Fenno, or order, one hundred dollars for value received. Little Rock, Oct. 7, 1847. WM.

Trespass quare clausum fregit by William McElroy against John Bivins, Jno. W. Bivins, Jas. McKinney, Samuel Raynor, Sterling Tucker, Elijah Tucker, George Hutchinson, and Joshua Silley, determined in the Mádison circuit court, in October, 1849, before Hon. W. W. Floyd, Judge. The declaration charged that defendants entered a certain close of plaintiff, carried off a large quantity of rails, spoiled his cropj &c., &c. Silley was not served with process.

<p>Appeal from Washington Circuit Court.</p> <p>Carroll, Bank Attorney, referred to sec. 24, chap. 99, Dig.</p>

Writ of Error to Lawrence Circuit Court. Assumpsit by Hiram L. Sloan against Hugh M. Sloan, determined in the Lawrence circuit court, in May 1849, before the Hon. Wm. C. Scott, judge. Declaration contained counts for work and labor, merchandize, moneys, and upon an account stated. Defendant pleaded non-assumpsit, and the statute of limitations; plaintiff took issue to the first plea, entered a general replication to the second, to which defendant took issue.

Writ of Error to the Independence Circuit Court. Debt, by Ruddell & McGuire, against Hynson & Zollicoffer, determined in the Independence Circuit Court, in September, 1849, before the Hon. Win. C. Scott, Judge. The facts appear in the opinion of this Court.

, &c., present that Benjamin Ramsey, on the first day of April, A.D. 1848, at, &c., did then and there keep a grocery for the retail of ardent spirits by quantities less than one quart, without first having obtained a license from the county court of said county, authorizing him to exercise the privilege of grocery-keeper, contrary to the form of the statute,” &c., &c. The defendant was tried on the plea of not guilty, at September term, 1849, before the Hon. Wm.

Writ of Error to Independence Circuit Court. Debt on a note executed by Denton, and defendants, Tunstall and Stone, 22d Nov. 1842, payable 1st January, 1844, to Sam. C. Roane and others, original trustees of the Real Estate Bank, and endorsed to Biscoe and others, residuary trustees, plaintiffs, determined in the Independence circuit court, in March Term, 1849, before Hon. Wm. C. Scott, judge.

This was an action of assumpsit, for breach of warranty of the soundness of a horse, brought by Joseph Stuart against Absalom Penn, and determined in the Johnson circuit court, at the Sept. Term, 1849, before the Hon. Wi. W. Floyd, judge. The case w.as tried oh the general issue, verdict for plaintiff, motion for new trial by defendant overruled, and bill of exceptions.

Biscoe, Faulkner, Hill, Drennen and Walters, as residuary Trustees of tbe Real Estate Bank, filed a bill in the Clark Circuit court against John Wilson, to foreclose a stock mortgage executed by Wilson to the Bank. The important facts of the bill, and the object sought thereby, appear in the opinion of this court. Decree in accordance with the prayer of the bill, and appeal by defendant. The cause was tried before the Hon. Wm. H. Feild, chancellor, in September, 1846.

This was a bill in chancery, filed by Richard Pryor against Richard H. Yeates and Richard M. Johnson, Jr., determined in the Pulaski circuit court, in May, 1848, before the Hon. Wm. H. Sutton, Judge. The object of the hill was to rescind a sale of lands made by Yeates to Pryor, recover the part of the price advanced, and to enjoin a judgment at law obtained by Johnson, the assignee of Yeates, on the obligations given by Pryor for the balance of the purchase money.

Bill for dower filed by Ann J. Crittenden, widow of Robert Crittenden, against Wm. E. 'Woodruff, determined in the chancery side of the Pulaski Circuit Court, in June, 1846, before the Hon. John J. Clendenin, chancellor. The material facts are stated by this court. Decree against complainant, and she appealed.

Bill for dower filed by Ann J. Crittenden against Benj. John-sop, determined on the chancery side of the Pulaski Circuit Court, in June, 1847, before the Hon. Wm. H. Sutton, Chancellor. The material facts of record are, that Robert Crittenden, the husband of complainant, died December 18th, 1834, being then a resident of Little Rock. In his lifetime, on the 2d of February, 1833, he conveyed in trust to Trustees, with power of sale.

Bill in Chancery by Biscoe and others, as Residuary Trustees of the Real Estate Bank against Sneed, Brodie and Costa, determined in the Washington Circuit Court, before Hon. W. W. Floyd, Chancellor, in May, 1848. The bill was filed ISlli April, 1846.

<p>Appeal from the Chancery side of the Clark Circuit Court.</p>

<p>Appeal from the Chancery side of Pulaski Circuit Court.</p>

Bill by Bettison against Jennings to enjoin a judgment at law, obtained upon a note which complainant alleged had been paid, &c. The case has been in this court before. See Bettison vs. Jennings, (3 Eng. Rep. 287.) After the case was remanded, complainant amended his bill, defendant answered, denying all equity, &c. Decree against complainant. The material facts appear in the opinion of this court.

This was a bill filed by Church and wife against Gordon et al., in the Pulaski circuit court, to set aside a sale and conveyance of certain lots in the city of Little Rock, for taxes, made by the Auditor to Gordon, and to quiet title, &c.; determined before the Hon. William H. Sutton, Chancellor, in April, 1848. The material facts are stated in the opinion of this Court.

William Skelton filed a bill, in the Washington Circuit Court, Chancery side, against Lodowick Brodie, Reuben W. Reynolds, William McK. Ball, William Ledford, and William Barrington, alleging »hat, on the 7th of October, 1840, Reynolds executed a note to the Bank of the State for $1,567, with Brodie and complainant securities, payable 4th December thereafter.

Writ of Error to Ouachita Circuit Court. This was an action of covenant brought by Benjamin F. Jordan against Dempsey Foster, determined in (he Ouachita circuit court, before the Hon. William Davis, special Judge, at September Term, 1848.

This was a bill filed by Biscoe and others, as trustees of the Real Estate Bank vs. Wood Tucker et al., to foreclose a mortgage, determined in the Jefferson circuit court, chancery side, before the Hon. William H. Sutton, Chancellor, October term, 1847. The facts are stated in the opinion of this court.

Writ of Error to Dallas Circuit Court. The United States brought an action against A. W. McNamee, before a justice of the peace of Dallas county, on an account for $14 55, balance claimed to be due from defendant as late post master, at Loudon, Alabama. The account was regularly authenticated by the certificate and official seal of the Auditor of the Treasury for the Post Office Department.

Motion to re-dockei Cause. At the present term of this court, Pike & Cummins filed the following motion in this case : The said appellant comes and showeth to the court here that, at the January term of this Honorable court in the year 1847, the above entitled case was ordered to be dismissed, because by consent of the appellee in due form given and made of recordin the court below, the appeal was prayed and granted without affidavit ; wherefor this Honorable court thought…

At the present term of this court, David Dodd presented a petition for mandamus, stating that on the second Monday of November, 1849, by virtue of an order of tbe county court of Saline county, after due notice, an election was held in said county for five internal improvement commissioners, under the provisions of the act of 30th December, 1848, to distribute the proceeds of the 500,000 acres of land donated to the State, by act of Congress, for internal improvement; and…

Writ of Error to Clark Circuit Court. Debt, determined in the Clark circuit court, before Quillin, J., in March, 1849. The facts appear in the opinion of this court. At common law a foreign judgment without personal service on the defendant is void. (Fisher vs. Lane, 3 Wilson 303.

Writ of Error to Ouachita Circuit Court. Moffatt and others were indicted in the Ouachita circuit court as follows: “The Grand Jurors &c., &c., present that Allen D. Dunn and William J. Dunn and William Moffatt and John Dougherty and James S. Dunn, alt late of sard county of Ouachita, with force and arms in said county of Ouachita, on the first day of May, A.D. 1848, then and there did bet money, the amount not known to the jurors, on a game of chance played with cards,…

The remedy by attachment is founded on the statute, and not derived from the common law; in all such cases, jurisdiction obtains only whére it is expressly granted. (Hardin's Rep. 95, and notes. 1 Marsh. 249, 355. 2 Marsh. 350. 15 ./. R. 196. 6 Coio. 603. 1 Wend. 44.) The jurisdiction in such case is limited and special, and there can be no implication of a power not expressly given. (1 John.

On the 20th January, 1849, Benedict G. Durritt commenced an action of assumpsit in the Lafayette circuit court against Henry Trammell, on a promissory note for $650, dated 9th April, 1842, payable on the 1st January, 1843, with common counts.

' James Tams, Earvin Tams and John Tams, merchants and partners under the style of Tams & Co., brought an action of assumpsit against; Aaron W. Lyon, in the Independence circuit court.

Writ of Error to Pulaski Circuit Court. Catharine Pennington, as executrix, and John Irwin, as executor of John E. Pennington, deceased, brought an action of… Held: and which defendant, Yell, executed to him. He required the bond because there was some dispute about the title to the property. Defendant paid him costs for keeping the negro boy levied on, and other expenses, amounting to some $75 or $85, as would appear by his receipt in the hands of Messrs. Watkins & Curran.

Writ of Error to Pulaski Circuit Court. The plaintiffs in this case filed the following declaration in the Pulaski circuit court, to the April term, 1848 : “ Eliphelet Holeman and John Winters, partners under the name and style of Holeman & Winters, plaintiffs, &c., complain of a certain steamboat, running upon the navigable waters of the State of Arkansas, called the P. H. White, of a plea that said boat render unto them the sum of four hundred and thirty-five dollars and…

In February, 1849, George W. Frazier and Felitia Ann E. his wife, brought an action of replevin against Edmund T. Gatlin, in the Hempstead circuit court, for two slaves, Julia, a woman, and her child, Gyrene.

In April, 1843, Willis Phillips as administrator, and Rachael Brown as administratrix of James S. Brown deceased, brought an action of assumpsit against Arthur C. Welch, in the Lawrence circuit court. Declaration contained the following counts: 1. That on the 5 th April, 1842, defendant Welch was Indebted to plaintiff’s intestate in the sum of $2,000 for money had and received by defendant to and for the use of said James S. Brown &c. 2.

Writ of Error to Pulaski Circuit Court. William Johnson brought an action of debt against Absalom Fowler, in the Pulaski circuit court, on a bond for $558, due September 18th, 1843. Defendant craved oyer, and plaintifFfiled the instrument sued on. On the 27th April, 1847, plaintiff took judgment, nil dicit, for $558 debt, and $135 52 damages.

Augustus E. Block, as administrator of Martin Johnson, deceased, presented a petition to this court, at the present term, stating that on the 22d April, 1850, he filed a declaration, for breach of covenant, against William K. Inglish, in the Pulaski circuit court; that a writ of summons was issued thereon to the sheriff of said county, and returned by him duly served upon the defendant, within said county, by which petitioner álleged the said circuit court obtained full…

Writ of Error to Ouachita Circuit Court. Assumpsit by Warren & Gallagher against Martin, Smith & Thorn on a bill of exchange, determined in the Ouachita circuit court, before the Hon. Josiah Gould, Judge. The declaration alleged that on the 17th February, 1848, Bar-ham drew a bill upon the defendants in faver of Peet, Simms & Co., at six months, for $>669, which was accepted by defendants on sight.

Writ of Error to Independence Circuit Court. On the 24th day of June, 1847, the Bank of the State filed a petition in debt in the Independence circuit court, as follows : “ County of Independence: “ To the circuit court of the county of Independence, at the term thereof, commencing on the fourth Monday after the fourth Monday in October, A.D. 1847.

Writ of Error to Hot Spring Circuit Court. Debt, by Carley, as public administrator of Gardner, against Barnes, Miller, and Fullerton, determined in the Hot Spring circuit court, in September, 1847, before the Hon. C. C. Scott, then one of the circuit judges. The facts of the case are stated in the opinion of this court. contended that the plaintiff was entitled either to revive by scire facias, or tobe substituted, and cited secs. 7,11, ch. 1 Dig.

On the 31st July, 1849, Allen T. Pettus commenced an action of debt, by attachment, against William R. Harris, in the Sevier circuit court, on a writing obligatory for $ 171 25, dated 5th of July, 1841, payable to Rob. Wilson, at date; by Wilson assigned to Penny, and by him assigned to plaintiff. Defendant pleaded that the cause of action did not accrue within five years before suit brought. To which plea, plaintiffs filed six replications, as follows : 1.

<p>On certiorari to Jackson Circuit Court.</p> <p>cited 1 Eng. 453. 5 Ark. 517. 2 Eng. 44.</p>

Writ of Error to Lafayette Circuit Court. William Wynn sued Josiah Garland, before a justice of the peace of Lafayette county, on an open account, and, on the 17th of October, 1846, the return day of the summons, took judgment by default for the amount of the account.

Hawkins brought an action of forcible entry and detainer against Foster, in the Pulaski circuit court, for the recovery of possession of the point of a small island in the Arkansas river, which he claimed as an accretion to his land opposite. He executed bond as required by the statute, sued out a writ and placed it in the hands of the sheriff.

This was an action of debt by Burks against Dickson on a writing obligatory. It has been in this court before: See Dickson vs. Burks, 1 Eng. R. 412. After the case was remanded, (at the October term, 1847, Floyd, J. presiding) it was submitted to the court sitting as a jury, on issue to defendant’s plea of no consideration, and finding and judgment for plaintiff Motion for new trial overruled, and bill of exceptions setting out the evidence.

Writ of Error to Clark Circuit Court. Assumpsit in the Clark circuit court by Israel M. Poplin against Bailey Bean and William Brown.

On certiorari to Independence Circuit Court. This case was brought into this court by certiorari. It was a judgment confessed in the Independence circuit court, in 1840, by Choat & Dye, in favor of Bennett, Merrill & Co. Choat & Dye sought to quash it here, on the grounds stated in the opinion of the court. contended that a judgment without declaration was void, and referred to sec. 2, p. 795, Dig., and Hardy vs. Moore's ex., 3 Har. & McHen. 389.

Allen Burgen sued Harrison Dwinal, before a justice of the peace in Jackson county, on an account for 18 days’ work at $1 per day, credited with $4, and leaving a balance of $14, and obtained judgment, on default, for the amount of the account. Defendant appealed to the circuit court. At the appeal term of the circuit court, (Hon. William C. Scott, presiding,) defendant moved to dismiss the case because plaintiff was a minor, and had not sued by his next friend.

<p>Application for Mandamus.</p>

Edwards, surviving partner of the firm of Mygate & Edwards, brought an action of assumpsit against Hewes Scull and Wm. B. Scull, on a promissory note, in the Jefferson circuit court. The case was tried on the general issue, verdict for defendants, motion for a new trial overruled, and bill of exceptions.

Writ of Error to Pulaski Circuit Court. Richard Sandford, alias McCloud, alias Richards, was indicted in the Pulaski circuit court for an escape from the Penitentiary.

Writ of Terror to Jackson Circuit Court. On the 10th April, 1850, John Griffin filed a declaration in as-sumpsit against Micajah B. McCoy, in the Jackson circuit court. Plaintiff declared on a note made by defendant to one Roper, and by him assigned to plaintiff. The declaration is in the usual form in assumpsit, concluding to the damage of the plaintiff of $500. The following summons was issued thereon : “ STATE OF ARKANSAS,!

Writ of Error to Independence Circuit Court. Debt by the bank of the State against Alanson P. Sherrill, Alfred Sherrill and Andrew Caldwell, commenced in the Independence circuit court, 22d March, 1839, on a promisory note due 1st July, 1843. After the appearance of the other two defendants, the writ was quashed on motion of Alanson P. Sherrill, and the action discontinued as to him.

Trespass on the case for fraud in the sale of a mare, brought by Luke Huggins against Elias Turner and Wm. R. Turner, in the Franklin circuit court. Verdict for plaintiff, on plea of not guilty, motion for new trial overruled, and bill of exceptions.

Action on the case for breach of warranty of the soundness of a horse, brought by Thomas J. Haney against Noble James Buckman, in the Yell circuit court. Plea not guilty, trial and verdict in favor of plaintiff for $20. Motion for new trial overruled,- and bill of exceptions setting out the evidence, which is stated in the opinion of this court.

Writ of Error to Independence Circuit Court. Action of debt by the bank of the State against Magness and Arnold, determined in the Independence circuit court, in March, 1850, before the Hon. Wm. C. Scott, Judge. The facts are stated in the opinion of this court.

Writ of Error to Independence Circuit Court. Action of debt by the Bank of the State against Arnold, Magness and Arnold, on a note. Plea, limitation; replication, former suit within the bar, non-suit 7th March, 1849, and this suit commenced within oneyear thereafter; rejoinder, nul tiel record, and issue.

This was a bill filed by Pettit & Ford, as Trustees of Ware,, against Davies, as administrator de bonis non of Estill, on the chancery side of the Chicot circuit court. The substance, and object of tbe bill are stated in the opinion of this court. Defendant demurred to the bill for want of equity, which being overruled, he rested, and decree was rendered against him pro con-fesso, from which he appealed.

This was an action of debt upon a judgment brought by Wm. L. Jameson against John L. May, in the Union circuit court, returnable to the April term, 1848.

This case was determined before the Hon. William H. Sutton, Judge of the Pulaski circuit court sitting in chancery, the 13th May, 1848. On the 30th June, 1843, Jonathan Irons, in an action of as-sumpsit, recovered a judgment by default on the law side of said court against Samuel W. Reyburn for two thousand one hundred and eighty-six dollars and fifty-two cents and costs, which was enjoined by Reyburn by bill in chancery.

Charles, a negro man, slave, was indicted in the Hempstead circuit court, in May, 1850. Held: that, in order to convict on a charge of assault with intent to commit a rape, the jury must be satisfied not only that the prisoner intended to gratify his passions on the person of the prosecutrix, but that he intended to do so at all events, and notwithstanding any resistance on her part. The case of Joe vs. The hítate, (3 Eng.

This case was determined before the Hon. William H. Sutton, Judge of the Pulaski circuit court, sitting in chancery, the 15th May, 1848.

This was an action of debt determined in July, 1848, before Hon. George Conway, Judge.

The appellees filed their bill in chancery in the circuit court of Marion county, setting forth (so far as it is material to state the allegations) that several writs of garnishment, in one of which the defendant was plaintiff, were issued against them returnable to the October term, 1842, of said court, requiring them to answer what moneys &c., they had in their hands belonging to Jesse N. Everett; that interrogatories were filed as required by the statute; that they…

This suit was originally commenced before a justice of the peace, from whose decision an appeal was taken to the circuit court; where judgment was rendered in favor of the plaintiff.

Writ of 'Error to Ouachita Circuit Court. This was an action of forcible and unlawful detainer brought by James M. Floyd against James Ricks in the Ouachita circuit court.

The prisoner, James L. Bivens, was indicted at the May term, 1846, of the circuit court of Madison county for the murder of William Stamps.

497 Upon the return of the case to the circuit court the defendant, Samuel Adams, pleaded payment in part in money, and payment of the residue in Arkansas Bank paper and an order of the plaintiff to the sheriff to desist from selling the property levied upon, upon such payment. To these pleas there was a demurrer which does not appear to have been disposed of: but replications denying the truth of the pleas were afterwards filed.

This was an action of replevin brought for two negroes by William 0. Aylett against George C. Britt, and determined before Hon. Josiah Gould, Judge. The defendant pleaded non deti-net and property in himself.

Writ of Error to Pulaski Circuit Court. These were writs of scire facias to revive judgments : the defendants pleaded actio non within five years : the plaintiffs filed motions to strike out the pleas, but the court overruled the motions ; and the plaintiffs declining to reply further, final judgments were rendered in favor of the defendants, and the plaintiffs sued out writs of error.

Writ of Error to Dallas Circmt Court. James Eason was indicted in the Dallas circuit court for a common assault, at the March term, 1848. He pleaded guilty, and was fined by the court $10. Afterwards he brought error, and assigned for errors that the offence was not indictable, and that the circuit court had no jurisdiction of that class of offences, &c. relied upon the case of The State vs. Cox, 3 Eng.

Assumpsit by Robinson against Jones in the Johnson Circuit Court. The declaration alleged, in substance, that on the 39th July, 1837, Sharp executed a promisory note to defendant, due at twelve months from that date; of which profert was made. That on the 27th September, 1841, defendant endorsed the said note to plaintiff; and on the same day payment was demanded of Sharp and refused, of which defendant afterwards had notice. (See Jones vs. Robinson, 3 Eng.

Writ of Error to Pulaski Circuit Court. The facts of this case are stated by the Court. The objection to the proceeding is that as the Bank sued all and one was released on a plea in bar going to the whole action, she could proceed no further as to the others; and as one was discharged the Bank could not recover all the costs in the case from the others.

Writ, of Error to Pulaski Circuit Court. This was an action of debt brought in the name of the State for the use of Robinson against Borden, as sheriff of Pulaski county and his securities, on his officiai bond, determined in April, 1847, before the Hon. William H. Sutton, then one of the Circuit Judges.

Writ of Error to Pulaski Circuit Court. This was an action of trespass brought by Richard C. Byrd against John J. Clendenin, James… Held: by the said John J. Clendenin as judge thereof, after due advertisement thereof in a' newspaper published in Little Rock, more than twenty days previous, and notification by such advertisement that the said negroes would be sold under said writ, and to satisfy the same, on the first day of that term between the hours and at the place…

- Application to quash an execution, presented to the Hon. Wm. C. Scott, judge of the Independence circuit court, in vacation. The petitioner, Charles B. Magruder, stated that at the March term, 1849, of said court, John Ruddell obtained a judgment against him for $209 63, debt, $19 damages, and for costs of 'suit.

it Court. This was an action of trespass on the case brought by Thos. J. Thurmond against Isaac Denson, in the Ashley circuit court, and determined before the Hon. Josiah Gould, judge, at the April term 1850.

William McKenzie was indicted in the Conway circuit court, at the September term, 1849, as follows : The grand jurors &c. present that William McKenzie late oí &c., on the 28th day of February, A.D. 1849, at &c., unlawfully did falsely pretend to one Benjamin Palmer that he the said William McKenzie would assign to the said Benjamin Palmer a certain promissory note in writing drawn by one Charles Plant to the said William McKenzie, and in his favor, for the sum of sixty…

On Application for Supersedeas. The question presented is whether the granting, not the issuing of a writ of injunction be a ministerial or judicial act. If it be a judicial act, it can be granted only by an officer rightfully exercising judicial power, and consequently cannot be granted by a master in chancery under our constitution; which confers jurisdiction in matters of equity upon the circuit courts.

Writ of Error to Crawford Circuit Court. This was an appeal from the county to the circuit court of Crawford county.

L. B, & C. M. Dowd, merchants &c.sued Francis Hopkins,, before a justice of the peace of Sevier county, on an account for $98 96, alleged to have been made with plaintiffs by the slaves of defendant, and assumed by him.

Beaver sued Mitchell Sparks before a justice of the peace of Scott county, on an account for $34 37, fpr 131-days work upon a gin house, at ‡2 50 per day. The plaintiff* failing to recover before the justice, appealed to the circuit court, where, on a trial by jury, he obtained a verdict for $20 75.

Writ of Error to Arkansas Cireuit Court. This was covenant on articles of agreement made on the 11th February, 1844, between Frederic Notrebe and wife and Henry M. Clay. Notrebe and wife thereby sold Clay certain lands, for 450 bales of cotton, each 400 lbs.

Writ of Error to Clark Circuit Court. This was an action ef debt brought by the State, for the use of William Brown, Sen., and Bailey Bean, against Jas. H. Crow, James Sloan and Abner E. Thornton, in the Clark circuit court, upon the official bond of said Crow, as sheriff of said county.

Replevin by Nicholas Spring against Alne Bourland, in the • Crawford circuit court. Two counts in the declaration; first in the cepit, alleging that on the 26th February, 1849, defendant took and detained from plaintiff a wagon, horse, and two mules. Second count in the detinet for the same property.

<p>An ordinary suit conducted according to the course of the common law, cannot he prosecuted against a steamboat directly as such, nor against the master or owner thereof in that capacity.</p>

Writ of Error to Pulaski Circuit court. This was a motion to apiend a writ of scire facias, made after judgment of revivor, determined in the Pulaski circuit court, at the April term, 1846, before E. H. English, special judge. The writ is the same as copied in a note to Anthorny vs. Hum-phries ad. use &c., (4 Eng. R. 183, 184.) The court ordered the writ to be amended, Anthony excepted, set out the writ, &c., and brought error.

James G. Russell sued Dandridge Poindexter, on an open account, before a justice of the peace of Randolph county, and obtained judgment. The justice- states in his transcript that “ defendant prayed an appeal, which was allowed, and filed his affidavit and bond,” &c., but no appeal affidavit or recognizance appears in the transcript sent to this court.

Writ of Error to Hot Spring Circuit Court. Debt by Jesse W. Talbot, as administrator of Lavina Huddle-ston, against Moses Smith, commenced September 6th, 1847, in the Hot Spring circuit court, on a promisory note for $130, made by Smith to plaintiff’s intestate, and due 25th February, 1839.

At the return term defendant pleaded property in himself, to which there was a replication and issue; and at a special adjourned term of the court held in May following, the case was submitted to the court sitting as a jury, Hon. W. W. Floyd, judge, presiding.

Writ of Error to Pulaski Circuit Court. Tliis was an action of debt by Scott against Fowler and Pike upon an injunction bond given by them as security for William Cummins. The declaration set out the bond and condition in the usual form, and for a breach alleged that after the granting of the injunction and before any final decree, Cummins died; and his administrator was made complainant in the injunction bill in his stead.

This was a bill in chancery filed by Charles Rapley and Abraham Rapley, against Ebenezer Cummins, Tracy, Irwin & Co., and Tracy, Marver & Irwin, partners, &c. The object of the bill and the material facts of the case are stated in the opinion of this court. contended that the decree of the court below ought to be affirmed, as the appellees were not bound to take under the deed of trust, because the deed materially varied from the proposition made to them by the appellants.

Writ of Error to Searcy Circuit Court. Action of trespass on the case by Eli Modglin and wife Missouri Modglin against Nathan Slay, for scandalous words spoken by defendant against Mrs. Modglin. At the return term, April, 1849, on motion and affidavit of defendant, plaintiffs were ruled to file a bond for costs on or before the first day of next term, or the cause to be dismissed.

Writ of Error to Pulaski Circuit Court. This was an action of debt by Ashley and Beebe against Lincoln, on a bond given for the release of property attached.

Bill by Henry Brunough against Fleming Jordan and Donaldson Walker. The bill alleged in substance, that in December, 1846, complainant executed his note to Walker for $700. That at the time the note was executed, it was agreed between complainant and Walker that complainant should pay the note by taking up sundry debts which Walker owed in the neighborhood, he being about to leave the' State.

Writ of Error to Pulaski Circuit Court. Judgment by confession in the Pulaski circuit court, 22d June 1849, before the Hon. William H. Feild, judge. The record shows the following facts : On the 22d June, 1849, Hempstead & Johnson, attorneys at law, and late partners, &c., appeared in the Pulaski circuit court and read and filed the following power of attorney : “ Know all men by these presents that I have this day nominated, constituted and appointed Messrs.

Writ of Error to Pulaski Circuit Court. It is a general principle of law that all powers not coupled with an interest may be revoked at any time.

Bill in chancery by John W. Williams against William II. Bizzell and Asa Thompson, determined in the Hempstead cir. cnit court. The object of the bill,, and the material facts upon which the case was determined are stated in the opinion of this court. The object of the bill is to reach a fund in the hands of Bizzell alleged to belong to Thompson and apply it to the extinguishment of the indebtedness of Thompson to Williams.

This was a bill in chancery filed by Josephine Gartland, as sole heir of Thomas Gartland deceased, against Bradley, Scott, Nunn, Satterfield, Lawson, Clifton, Morrison and Hilliard.

On Application for Supersedeas. This was a motion to quash and supersede a judgment of the Sevier circuit court. The transcript filed with the motion shows the following facts : ' On the 1st March, 1842, Sappington recovered judgment against Hamilton in the Sevier circuit court; issued execution returnable to April term 1843, which was levied on chatties, a delivery bond taken with Hemphill security, and forfeited.

Writ of Error to Clark Circuit Court. Trespass on the case by Walter C. McLaughlin and John C. McLaughlin against John Speer, determined in the Clark circuit court. Trial on the genera] issue, verdict for plaintiffs, motion for new trial overruled, and bill of exceptions. The material facts are stated by Mr. Justice Walker in the opinion of this court.

chancery by William and Mathew Moss agains Huldah Clark, administratrix of Benjamin Clark deceased, determined in the Hempstead circuit court. The material iacts are stated in the opinion of this court. 1. There can be no doubt but that the judgments obtained by Clark agaist Daniel Y. and William Grayson were transferred to the appellees for a valuable consideration, and consequently they had^a perfect right to control the proceeds.

Writ of Error to Bradley Circuit Court. This was an action of debt brought by Thomas Weir and Isaac N. Miller, merchants and partners, under the style of Weir & Miller, against Isaac H. Pennington and William Flynn, in the Bradley circuit court. The action was founded on a writing obligatory made by the defendants to the plaintiffs for $290 75, dated on the 24th April, 1848, and payable first January thereafter, with interest at six per cent, from date.

Writ of Error to Independence Circuit Court, The facts of this case are sufficiently stated in the opinion of the court. cited State Bank vs. Sherrill, ante 334. 1 Stark. Ev. 413. 3 Stark. Ev. 1534. 2 Canvpb. R. 548. State Bank vs. Magness, ante 343. State Bank vs. Arnold, ante 347. The note was properly excluded for the variance from that set out in the petition.

Writ of Error to St. Francis Circuit Court. The facts of this case sufficiently appear in the opinion of the court.