Bilbo v. Allen
Tennessee Supreme Court
FROM DAVIDSON. MOTION TO DISMISS APPEAL. cited Code, 3162, 3164 and 2970. insisted that the original note was merged in the first judgment: Kimbrough v. Mitchell, 1 Head, 540; Nunnelee v. Dough-erty, 1 Yer., 30, 31. Sci. Fa. a new action: Swancy v. Scott, 9 Hum., 340; Bank v. Vance, 9 Yer., 472, 475; 3 Cold., 393; Code, 2787. .
1Opinion of the CourtNicholsoN, C. J.
On the 26th of May, 1860, a judgment was rendered in favor of ~W. & T. Greenfield & Co., against ~W. N. Bilbo and Martha Bilbo, for $1,314.41, on a note made by Martha Bilbo, payable to ~W. N. Bilbo, and by him indorsed to the plaintiffs. On the 8th of May, 1869, a sci. fa. was issued by the Clerk of the Circuit Court of Davidson county, notifying the defendants to said judgment, to appear at the May Term, 1869, and show cause why the said judgment should not be revived against them. ~W. N. Bilbo was not notified. Martha Bilbo appeared and put in several pleas: first, nul tiel record; second,…
2Cited by4 opinions
- Going v. GoingTennessee Supreme Court · 1923
- Going v. GoingTennessee Supreme Court · 1921
- Markham v. HaddadCourt of Appeals of Tennessee · 1926
- Patterson v. GordonCourt of Appeals of Tennessee · 1875