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schedule is unnecessary.

 Byers, for plaintiff.

 Fowler, contra.

 Feb. G. No. 46. Johnston v. Ashley. Error to Pulaski Circuit Court

 Judgment affirmed Opinion by Johnson, c. J. A service of notice. to take deposi.ioas, upon K, partner of T. ater dissolution Of partnership be- tween & C, who were attorneys of record, and before special retainer of K, is aot service upcn the attorney of record. Testimony. as to the ap. pearance of negro, subsequent 10 the safe, is as- missible in an action of waranty. as to soandness as such appearance may afford presumptios. 4 fazty objecting to testimony. must move to exclude 1t as 1t s offered If he wais until all the testi. mony is given. and then moves to exclude il, sa m4sss. the motion will be esenuied if any of the testimony is admissibis. Where there is ceaaie. ting evidence, the prepoaderanee must be strong to warrant the court in disturbing it. On warranty oI soandaess the jury must find for the defendant. il the slave was sound at the time of sale. The mea. sure of damages Is the injury suffered or dimina. tion Of value oceasoaed by in6rmity then existing and not by any that may occur subsequent to the sale.

 Risgo k Trapnali. for plaintiff Ashley < Watkins, contra.

 

 No 8. Rahersosd uss Csllea '. Laasrty. Ap peal irola Carroll Carcait Court. Reversed. Upiaien by Johnson, (. J. When csze haa hsea adiadicaisa ia the supses, Court ana femaased to the Circuit Court. and |, again brought up. nothing is bsfore this court fe adjudication but the proceedings subssqaent to th. asaaae. The legal iasefest of the payee. in an in ssameas of writing. cannot bs disesssd by sh, mere esdorsemsat of . third person showing 10 u tie.

 Eaglish. ior appellant.

 D. Walker, eoatra- No. e. smith '. Block x Son. Error to HvmP stead.

 Reversed. opiaiea y Oldham. !. The remedy hy attachment being statutory Fs msdy. cannot bs extended beyond the limits ss'