Early Governors' Papers

State vs Nelms Copy of Opinion

Henry Seales William Crocket W Wilkinson V W. Garnell Philip Pipkin W Strange Labor Abernathy Sr James Davis Ja^s Woodard Eneas Walker Max Reding W^m Parker Jno. Criddle W^m D. Williams William T. Brooks, Jnr Alexander Ray Samuel Birdwell William Patterson Geo E Sanderson Edward Scruggs John Price D. B. Love Jacob Castleman Ewing Wilson William Allen James M^cGuire James Faulkner Smith Criddle [M Baumford?] Robert Balls Joseph Shaw [Alfred? ?] J. Earthman Jr Benjamin W. Bedford W. A. Bedford Saml Crockett Robert Whyte James Bell Edwin Smith Jud Rulnan J. Dyet John Marshall W^m A Cole Francis Campbell Ja^s Lockhart Peter Higgins R Armstrong Jn^o B Snowden G. M. D. Cantrell

74

To his Execellency [sic], William Carroll [go]venor in & over the State of Tennessee.

The undersigned Judges of the Supreme Court of Errors, & Appeals for the State of Tennessee, do certify to your excellency, that there are pending at Jonesborough, in the Sumpreme [sic] Court, a term of which is to be holden on the 3^d Monday of June next, the following causes to hear & determine which there is not a competent court, To wit.

William Alexander v. Thomas Whiteside ad em. } Judge Peck heard of Jenkin Whiteside. the cause below, & Judges Whyte & Catron disagree as to the decree to be rendered.

Martin Beaty v. Jacob Hackney & Rodgers. Judge Peck heard the cause below, & Judge Catron is of affinity to Martin Beaty.

Peck Catron

Nicholas & Thomas Johnson v. Rachel Mitchell } Judges Peck & Catron incompetent. - Alexander Paten & John Kennedy vs. John Cocke } Judges Peck & Catron incompetent.

May 26 ^th 1831.

Jn Catron R. Whyte

Peck & Catron

P & C

June 9^th

State of Tennessee Supreme Court of Errors and Appeals at Nashville

Whereas there are pending in said court the following causes, to wit - John Newnan Complainant against Thomas Whiteside [adm?] of Jenkin Whiteside dec^d Oliver B. Hayes William Carroll and William Black Defendants on the chancery docket E.D. James & David Glass [adm^rs?] of James Jones plaintiffs against Peter R. Booker and Edward B. Littlefield adm^r of Benjamin T Robertson dec^d Defendants in Error on the law docket in which causes two of the judges of said Court are competent to hear and determine the same, but upon a previous hearing of said causes have disagreed in opinion by reason of which said causes remain undecided - We therefore certify the same to his Excellency the Governor of said State in order that he may appoint a special judge to aid in hearing and deciding said causes agreeably to an act of hte General Assembly of said State passed Janaury 13^th 1830 Chapter 96 Section one. Given under our hands at Nashville the 28^th of February 1831

Robert Whyte J. Peck Jn. Catron

State of Tennessee Supreme Court of Errors and appeals at Nashville

Whereas there is pending in said Court the following cause to wit Morgan Brown, James Moore, William Armstrong, William Thompson & Elizabeth his wife formerly Elizabeth Vance George Childress & Margaret Childress his wife formerly Margaret Vance Morgan B. Vance William L. Vance, Elizabeth L. Vance infants by W^m Thompson & Elizabeth Thompson these guardians Complainants against Nathaniel A M^cNairy Defendant on the Chancery docket in which cause two of the judges of said Court are incompetent to hear and determine the same

We therefore certify the same to his Excellency the Governor of said State to the end that he may appoint two special judges to aid in hearing and deciding said cause, agreeably to an act of the General Assembly of said State passed January 10^th 1830 Chapter 96 section one Given under our hands at Nashville this first day of March A.D. 1831

Jn. Catron Jacob Peck Robert Whyte