Dougherty v. Shown
Tennessee Supreme Court
FROM JOHNSON. In the Circuit Court of Johnson County. The transcript does not show who was presiding as Judge, when the motion to discontinue was disposed of. J. P. Swann, J., presided at the trial. The motion to discontinue was made by only one defendant.
1Opinion of the Court
J. T. Shields, Special Judge,
delivered the opinion of the Court.
In this case, we hold that the motion entered by the defendant, Cabell, to discontinue the cause as to him, should have been allowed. It is conceded that as to *303him the process was not regularly; continued from term of term; but it is insisted that the- lapse, or want of continuance, is aided by a demurrer, which was filed in the cause. It appears that at the time the demurrer was filed, the defendant, Cabell, was not before the court, either by personal service of process, or otherwise.
The demurrer was filed by several of the…
2Cited by5 opinions
- Sparks v. StateCourt of Criminal Appeals of Tennessee · 1978
- Norris v. RichardsTennessee Supreme Court · 1952
- Riley v. StateTennessee Supreme Court · 1950
- Strunk v. StateTennessee Supreme Court · 1957
- Sparks v. StateCourt of Criminal Appeals of Tennessee · 1978