Woodroof v. City of Nashville

This case was formerly heard by the Court and transferred to the court of appeals upon authority of Cumberland Trust Co. v. Bart, 163 Tenn. 272, 43 S. W. (2d) 379. We assumed that the appeal was taken to this Court, upon the theory that the case below was tried on stipulation of facts. In reality, the stipulation was merely one as to the evidence to be included in the transcript and not a stipulation as to the determinative and ultimate facts. The case cited ruled that this Court had no jurisdiction of a matter of this kind.

A petition to rehear has been filed, from which it appears that the…