Legal Opinion

Bible v. Palmer

Tennessee Supreme Court

Decided October 8, 1895PublishedCited by 16 opinions

PROM COCKE. Appeal in error from Circuit Court of Cocke County. W. R. Hicks, Judge.

1Opinion of the CourtCaldweiji, J.

This is an action wherein R. A. •Bible sues Joseph Palmer for $10,000 ■ damages. The plaintiff’s declaration contained two counts, one for malicious prosecution and the other for slander. The defendant demurred for misjoinder, and said that the declaration embraced two distinct causes of action, which could not properly be joined in the same suit. The demurrer was sustained, with leave to the plaintiff to elect which of the two causes of action he would prosecute. Upon _ his refusal to make an election the suit was dismissed, and he appealed in error.

The Court below was in error. It is true,…

2Cited by16 opinions

  1. Cumberland Telephone & Telegraph Co. v. SmithwickTennessee Supreme Court · 1903
  2. Tallent v. FoxCourt of Appeals of Tennessee · 1940
  3. Watkins v. StateTennessee Supreme Court · 1965
  4. Smith v. FisherCourt of Appeals of Tennessee · 1929
  5. Tampa Water Works Co. v. MuggeSupreme Court of Florida · 1910

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