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James Nations and Joseph Nations, Plaintiffs in Error, v. Nancy Ann Johnson and James Johnson U.S. 195 (1861)

handle is hein.slavery/ussccases0420 and id is 1 raw text is: DECEMBER TERM, 1860. Nations et al. v. Jolnson et al. town way for boats and vesiels could be laid out on the high seas, or of imputing to the town officers such an obliquity of understanding as the assumption of such a power would argue; on the contrary, the court decided that the public officers had no such power; but that the city, after it reclaimed the laud to high-water mark, might continue Summer street as a high- way on land, for a nuisance, to which the plaintiff might sus- tain an action; and this case was remanded in order to give the plaintiff -an opportunity to have the verdict of the jury on this subject; and also for any injury he might have sustained by the drains causing an accumulation of matter at the outer end of the plaintiff's wharves, The record Shows that the plaintiff abanaoned any claim for damages for either of these causes, and he was, of course, left without any case to be sub- mitted to the jury. Judgment of the Circuit Court is therefore affirmed, with costs. JAMES NATIONS AND JOSEPH NATIONS, PLAINTIFFS IN ERROR, V.. N oY ANN JoHsoN AND JAMES JomsoN. In a suit in the District Court of the United States for the western district of Texas, a transcript of a record of the high court of errors and appeals and the chancery court for the northern district of the State of Mississippi was prop- erly allowed to be offered as conclusive proof of the value of certain slaves, and of the amount of their annual hire until given up. The laws of Mississippi provide, that where a case is carried up to an appellate court, and the defendant in error is a non-resident, and has no attorney of record within the State, notice shall be given by publication in a newspaper of the pendency of.said cause, which the appellate court shall then proceed to hear and determine. These directions having been complied with, the jurisdiction of -the appellate court was complete; and the plea, in Texas, of nul tiel record, properly over- ruled. The American and English cases upon this point examined. Tfle decree of the court was also properly allowed to go to the jury as evidence of the value of the hiie of the slaves after its rendition; evidence having also been offered at the trial of the value of such hire at that time. The case having been on the chancery side of the court and transferred thence. to the law docket, a bill of exceptions does not bring into this court for revision any errors alleged to have been committed when it was on the chancery side' • 195

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