RIGHT OF APPEAL FROM THE COMMON PLEAS.
Mr. PIERCE, of Vigo, now obtained leave to report back from the minority of the Committee on the Judiciary, Mr. Dittemore's bill, [H. R. 255,] to save pending will cases affected by the laws of 1865,-stating that as it is only to affect a single case, etc,; the minority of said Committee recommended that it be indefinitely postponed.
Mr. DUNN opposed concurrence in the minority report, and showed that the passage of this bill is expedient to correct an act of 1865, which forbids the appeal of will cases from the Common Pleas to the Circuit-to destroy special legislation by special legislation. He took a wide range into the mazes of facts and arguments involved.
Mr. STEPHENSON took a similar view.
Mr. PIERCE, of Vigo, alleging his familiarity with the case on which the bill is founded, traced the history of the gradual withdrawal of legal authority to appeal cases from the Common Pleas to the Circuit, and stated what is undeniable-that it works general satisfaction. He then took up and traced the facts in the will case of John Burton and others against Tabitha Burton, alleging and showing that this case was never properly filed in the Circuit Court as appealed from the Terre Haute Common Pleas, and therefore it could not be affected by this bill or the act of 1865. He spoke at length in reply to Mr. Dunn, exhonerating the attorneys of the Burton children from any interested connection with the passage of the act of 1865, etc. When he had concluded -
The House adjourned.
