Legal Opinion

Fawcett v. Railway Co.

Tennessee Supreme Court

Decided April 15, 1904PublishedCited by 4 opinions

FROM DTER. Appeal from the Circuit Court of Dyer County. — E. E. Maiden, Judge.

1Opinion of the CourtChief Justice Beard

delivered tbe opinion of the Court.

Motion to dismiss this appeal because plaintiffs in error were nonresidents of this State, and as such were not entitled to bring this case into this court in forma paniperis.

Section 3192 of the Code of 1858 (the same being section 4928 of Shannon’s Code) permitted the prosecution of suits on pauper’s oath. While this section was construed to include both residents and nonresidents, it was held that an administrator was not entitled to its benefits. But by chapter 133, p. 313, of the Acts of 1897, the legislature permitted an administrator to prosecute suits…

2Cases cited5 opinions

  1. Andrews v. PageTennessee Supreme Court · 1871
  2. Knoxville Iron Co. v. SmithTennessee Supreme Court · 1887
  3. Smith v. Railway Co.Tennessee Supreme Court · 1891
  4. Phipps v. BurnettTennessee Supreme Court · 1896
  5. Graham v. CaldwellTennessee Supreme Court · 1874

3Cited by4 opinions

  1. McFerrin v. McFerrinCourt of Appeals of Tennessee · 1945
  2. Carter v. CarterCourt of Appeals of Tennessee · 1944
  3. Campbell v. BradyTennessee Supreme Court · 1928
  4. North Star Lumber Co. v. JohnsonDistrict Court, D. Oregon · 1912

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