King, Carson, and King v. Rentfroe
Tennessee Superior Court for Law and Equity
Petition for a certiorari and supercedeas. Notice had been given by the defendant that a certiorari would be moved for. opposed the motion, and offered the affidavits of several persons, to shew that the statements in the petition were not true. said, that the ease of Beck, vs Knab, had decided this principle, though in that case, the application was to read the affidavit of the person against whom it was obtained, yet the reasoning adopted by the court, went to the…
Read the full summary
Petition for a certiorari and supercedeas. Notice had been given by the defendant that a certiorari would be moved for. opposed the motion, and offered the affidavits of several persons, to shew that the statements in the petition were not true. said, that the ease of Beck, vs Knab, had decided this principle, though in that case, the application was to read the affidavit of the person against whom it was obtained, yet the reasoning adopted by the court, went to the exclusion of affidavits altogether. Per Curiam. White, J. and Campbell, J. The application in the case alluded to, was to read…
1Opinion of the Court
Petition for a Certiorari and Supersedeas. — Notice had been given by the defendant that a certiorari would be moved for. The application in the case alluded to was to read the affidavit of the opposite party. The introduction of the affidavits of others was not then before the Court, and consequently is now open for investigation.
The counsel for the plaintiff relied upon the cases in Haywood, 280, 366. An application for a certiorari is in effect an application for a new trial. In such applications cross-affidavits are not received, and the reason is obvious; there, all the circumstances and…
2Cited by2 opinions
- Studdurt v. FowlkesTennessee Supreme Court · 1852
- Padgett v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1900