Curry v. Munford
Tennessee Supreme Court
FROM TIPTON. Error to the Circuit Court. Judgment by motion, January Term, 1869. Geo. W. Peeves, J. Execution came to band too late to make return: JBlalcemore v. Bresjieldf MS., Jackson, 1871; Bittingsly v. Rankin, 2 Swan, 82, 84; Smith v. Gilmore, 3 Sneed, 481. Judgment does not show any right in the administrator c. t. a., Code, 2201, 2222, 2795, 3578, 3583, 3594, 3603; Lewis v. Brooks, 6 Yerg., 167, 179; Griddle v. Green, 8 Yerg., 469 and note; 1 Lomax on Exes., 325; 2…
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FROM TIPTON. Error to the Circuit Court. Judgment by motion, January Term, 1869. Geo. W. Peeves, J. Execution came to band too late to make return: JBlalcemore v. Bresjieldf MS., Jackson, 1871; Bittingsly v. Rankin, 2 Swan, 82, 84; Smith v. Gilmore, 3 Sneed, 481. Judgment does not show any right in the administrator c. t. a., Code, 2201, 2222, 2795, 3578, 3583, 3594, 3603; Lewis v. Brooks, 6 Yerg., 167, 179; Griddle v. Green, 8 Yerg., 469 and note; 1 Lomax on Exes., 325; 2 Id., 378; Wray v. Jamison, 10 Hum., 186; Smith v. Garden, 1 Swan, 28; Bk. of Tenn. v. Skillern, 2 Sneed, 698; Cling-man…
1Opinion of the Court
TüRNEY, J.,
delivered the opinion of tbe Court.
Under tbe well-settled rule that, in summary proceedings, every fact which is necessary to give the Court jurisdiction, and to authorize the judgment, must be set out in the judgment as having been made to appear, the judgment in this case is a nullity.
On the 2d day of the January Term, 1869, of the Circuit Court for Tipton county, the following order is made of record, viz.:
James R. Sanford, administrator, with will annexed, of R. W. Sanford, deceased, v. A. P. Curry, James Ral-ston, A. Croker, and John H. Prickly. — Motion.
The Plaintiff moved…
2Cited by2 opinions
- Liner v. JenkinsTennessee Supreme Court · 1936
- Phillips v. LandessTennessee Supreme Court · 1925