N. A. EVANS v. ISAAC VANBIBBER

N. A. EVANS v. ISAAC VANBIBBER. (S. C., Thomp. Cas., 61.) Knoxville, September Term, 1850. SUPREME COURT JURISDICTION. Surety’s motion for judgment over. The supreme court has no jurisdiction render judgment by motion in favor of a surety against his principal. [On the general subject of the jurisdiction of tbe supreme court, see Code, secs. 377 and 6329, and notes; and on this particular subject see note 12 under said sec. 377. This case cited in State v. Hall, 6 Bax., 7.] [MAJORITY] Maynard moved in the supreme court for a judgment in favor of a surety against his principal. The court having intimated a doubt as to its jurisdiction, the motion was twice postponed; when finally the same being pressed by Maynard, McKinney, J., said: It is assumed that under the act of 1801 [chapter 15], this court would have had jurisdiction to render judgment in such a case. At that time all the courts of this state had original jurisdiction. Now this court has no- original jurisdiction except in certain specified cases. The act of 1809 [chapter 69], passed in the year that this court was organized, is very different in its terms from the act of .1801, and does not confer such jurisdiction. This motion is an original proceeding and must be denied. Motion denied.