State ex rel. Evans v. Caldwell

AVERY, P.J., (W.S.),

(dissenting).

The record in this case came to this Court from the Supreme Court of the State of Tennessee. The record was filed in the Supreme Court of the Eastern 'Section of this State on October 3, 1963.

On November 14, 1963, the Supreme. Court entered an order, saying:

“In this cause it appearing to the Court that the appeal prayed and granted in this cause should have been to the Court of Appeals instead of this Court. *207It is therefore ordered by the Court that this cause he and is stricken from the docket of this Court and placed on the docket of the Court of Appeals.”

Thi…