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final order or judgment was rendered, or that a formal application was made to the clerk of the Supreme Court, in term time or vacation, for an

appeal and the granting of the same by him. Sykes v. Lafferry, 414. 6. WHAT REQUISITE FOR.--- Appeals only lie from the final orders or judg

ments of the circuit court, and only from such final orders or judgments as cannot be corrected, on motion, in the court below, and not then, until the question has been submitted to and overruled by the inferior court.

Palmer o. McChesney, 452. 7. FROM COUNTY COURT.---Appeal from the decision of the county court, in

allowing or rejecting a demand against the county, lies only by the party or parties interested in the rejection or allowance, and not by citizens

who are not interested.. Chicot County v. Tighlman, Ex'rx., 461. 8. WHAT NECESSARY FOR--- Where there is no judgment on the finding, there

is nothing to appeal from. Reynolds o. Craycraft, Assignee, 468. 9. SAME.—Where no exceptions are taken to any decision or ruling of the

court, no motion for a new tria), nor any bill of exceptions or other steps to bring the evidence before this court, there is nothing pre

sented for the action of the court. Prairie, County v. Bancroft, 526. 10. MOTIONS FOR NEW TRIAL, ETC.-On an issue and trial of fact by a jury,

or the court, a motion for a new trial is essential to correct the errors growing out of the evidence or instructions, before an appeal can be entertained by this court; but where the errors do not grow out of the coidence or instructions, but are apparent from the record, without the intervention of a bill of exceptions, there is no necessity for the motion, and the cause, in such a case, can be brought to this court without the

motion having been made. Steck o. Mahar, 536. 11. SAME.—Where the errors complained of do not appear of record, save

by the intervention of a bill of exceptions, à motion for a new trial must be made before an appeal will lie to this court, and the appeal will not then lie, if the error can be corrected in the court below, until the

motion has been made and overruled in the circuit court. Ib. 12. PRACTICE ON–Where the record before this court shows nothing but

the judgment, and no error is pointed out in the proceedings, this court is bound to presume in favor of the action of the court below.

Campbell o. Dooling, 647. 13. WHBN DAMAGES'AWARDED ON, ETC.- Where, upon examination of the

record, no error in the proceedings is found, but the appeal appears to have been prosecuted for delay, the judgment will be affirmed and

damages awarded. Jackson o. Giles, Adm'r., 656. 14. MOTION TO DISMISS, ETC.-Where the record shows the appeal was regu

larly taken, this is what gives this court jurisdiction to examine the case upon its merits, and a motion to peromptorily dismiss for want of jurisdiction of the subject matter, in the court below, will not be enter

tained, but will be considered on examination of the merits of the case.

Halliburton, et al. o. Sumner, 659. See Bills of Exception, 2; Injunction, 1; Practice, 18, 28, 30, 33, 34; Probate

Court, 3.

APPEARANCE.

1. BY ATTORNEY.— Where the transcript of a judgment of record of

another State shows that the parties appeared by attorneys, it is prima facie evidence that they did so appear; and even though there were testimony to show that the attorneys were not duly authorized to do so, the error could be corrected on motion for a new trial; and if the transcript does not show such motion, the evidence is not properly before this court. Scott et al. 0. Eaton, Betterton & ('o. 17.

ASSAULT AND BATTERY.

See Jurisdiction, 3, 4.

ASSIGNMENT.
See Vendor's Lien, 3, 4.

ASSIGNEE.

See Equity Pleading, 1, 2.

ATTORNEY AND CLIENT.

See Appearance, 1.

ATTACHMENT.

1. PUBLICATION IN SUITS BY, ETC.—Publications in suits by attachment,

made in conformity to the law in force at the time of the institution of the suit, will not be affected by a subsequent statute changing the

manner of giving notice. Parson8 v. Payne, 124. 2. JUDGMENT IN, LIEN OF.-A judgment in attachment, though, in form

in personam, under the statute, is a lien on no other property than that

attached. 16. 3. PRIORITY OF-A sale of lands under a junior attachment does not release

the lien of a prior attachment, and the money arising from such sale is not to be applied in payment of the prior attachment. Hanauer f. Co.

0. Casey, adm'r., 352. 4. APPLICATION OF PURCHASE MONEY.-If lands be sold at the same time

under both executions, and the levy of the prior attachment thereby discharged, then the money arising therefrom, or so much thereof, should be applied in payment of the judgment under the prior attachment. 16.

5. Truth OF AFFIDAVIT MAY BE QUESTIONED.—Under the act of March 7,

1867, the defendant, in attachment, may show, at any time before judg. ment, that the original affidavit is not true, and when this fact is established, the cumulative remedy of attachment falls to the ground, and the cost of seeking it belongs to the plaintiff. Ward o. Carlton et al. 662.

BANKRUPTCY.

NOT

VALID,

1. ASSIGNMENT,

-No assignment of property by a bankrupt after the filing of his petition is valid. Johnson o. Geisrieter,

WHEN

44. 2. SURETY-WIEN BARRED.-It is competent for a surety, before he has

made payment, to prove up his contingent liability on an application for a discharge in bankruptcy, and if he does not so prove up he is barred, by the certificate of discharge, from further action against the bankrupt. Lipscomb v. Grace, 231.

BILLS OF EXCEPTION.

1. WHAT SHOULD SHOW.–Where the bill of exceptions fails to show that ap

pellant objected to the ruling of the court in refusing to give instructions asked by him, and fails to set out the instructions asked for by appellee, but sets out the declarations of law made by the court, without showing at whose instance they were made, the judgment will be affirmed.- Hen

ry & Co., 0. Gibson & Helmer, 619. 2. REQUISITES OF.-A bill of exceptions should contain those things ex

cepted to, "which do not appear of record, and which arise in the

course of the trial.” Ashley o. Stoddard Jr. 8. Co. 653. 3. WHEN NOT NECESSARY.—Where all the rulings, complained of, appear

of record as fully as though a bill of exceptions had been taken, neither a bill of exceptions nor a motion for a new trial is necessary. Ward r. Carlton et al., 662.

See Appeals, 10, 11. Practice, 28, 33, 35.

BILLS OF EXCHANGE AND PROMISSORY NOTES.

See Indorser, 1, 2, 3, 4. Practice, 23.

BILLS OF REVIEW.

1. WHEN ALLOWED.—Decrees in Chancery are reviewed on tico grounds

only: For error of law apparent upon the face of the decree, without further examination of matter of fact; and new matters arising after the

decree. Evans v. Parrott, admr., 600. 2. WHEN NOT ALLOWED.--Where complainants' bill charges such facts as

entitle him to relief, and no facts are recited in the decree as established,

3.

there is nothing in the decreo or the record upon which error can bo
predicated, or out of which it could possibly arise as a foundation for a
bill of review. 16.
WHEN PERMITED-NEW MATTLF, ETC.- To authorize a bill of review foi
new matter, it is required to be "new matter or evidence, which hath
come to light aftor the decree, and could not possibly be had or used at
the time when the decree passed." Ib.

CHANCERY.
Seo Equity.

CHOSES IN ACTION.

1. WAEN ENFORCIBLE IN EQUITY.-A person may be entitled, in equity,

to money due upon a bond or chose in action, although the legal title has not been transferred by assignment; and such purchaser of a chose in action, in equity, will have a right of subrogation to the debt and all the securities that attend it, and can enforce its collection in equity. Wilson v. Bowden et al., 151.

CIRCUIT COCRT.

See Jurisdiction, 2.

CIVIL CODE.

Sce Construction of Statutes.

CLAIMS AGAINST ESTATES.

See Administration 1. Commissioner of Deeds, 1.

CLERKS.

See County Cierhs.

COJIJIISSIONER OF DEEDS.

1. CommissiOXERS OF OTHER STATES.-Commissioners, appointed by the Gov

ernor, for other States, under chapter 32, Gould's Digest, are officers of this State, and affidavits taken and certified by them, properly authentieated under the seal of their office, are to receive full faith and credit. Section 109, chapter 4, Gould's Digest, respecting the authentication of claims against the estates of deceased persons, was intended to apply to affidavits made before officers of other States, and not to commissioners of this state appointed and residing in other States. Smith & Bro., ', Van Gilder, admr., 527.

COMMON CARRIER,

See Ferrymen,

CONFEDERATE MONEY.

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CONTRACT BASED UPON, VOID. - Where consideration of a contract is

Confederate money, the contract is void ab initio. Jordan 3. Walker, 1.
2. ACT March 5, 1867, UNCONSTITUTIONAL.-The act of March 5th, 1867,

known as the Confederate money act, being unconstitutional, no benefit
is derived from it, and a court of equity can grant no relief under it.

Green & Wilson v. Roane & Bell, 15.
3. CONTRACTS BASED UPON, ILLEGAL AND VOID.-Contracts based upon

Confederato money are illegal and void. king v. Carnall, 36.
4. SAME.- In a contract, the consideration of which was Confederate

notes, it is immaterial whether the party first agreed to pay money
for such notes, or to pay property for them, and then executed a
promissory note for the property, the consideration, which was the
basis of the promise, being Confederate notes, was illegal, null and void.

George 0. Terry. 160.
3. SAME.-- A contract, the consideration of which was Confederate money,
is illegal and void. Waymack v. Heilman et al., 449.

See Construction of Statutes, 6. Illegal Consideration, 1.

CONSIDERATION.

Sco Promissory Note, 1. Illegal Consideration, 660.

CONSTITUTIONAL LAW.

1. SEXATORIAL AND REPRESENTATIVE DISTRICTS.— The provisions of the

Constitution, regulating the apportionment of Representative and Sena-
torial districts, do not inhibit the Legislature from passing: an act

changing county boundaries. Howard et al v. McDiarmid, 100.
2. CONTRACTS FOR SALE OF SLAVES.-Section 14, article 15, of the pres-

ent Constitution, relating to contracts for the sale or purchase of slaves,
is repugnant to section 10, article 1, of the National Constitution,
relating to the obligation of contracts and is therefore unconstitu-

tional and void. Sevier, admr. et al. v. Haskell, ad. 133.
8. STATUTORY OFFICES.—The office of assessor is a statutory office, and

the Legislature has absolute control over all statutory offices and may
abolish them at pleasure, and in doing so, no vested right is invaded.

Robinson v. White, 139.
4. CONSTRUCTION OF STATUTES.--The act of July 23, 1868, providing for

the appointment of the officers contemplated by section 2, of article 10,
and the change thereby made, is not in conflict with that clause of the
Constitution that declares that the "term of all officers, elected or appointed
under the provisions of this Constitution, shall expire on the first day
of January, 1873, unless herein otherwise provided.” 16.

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