Campbell v. Wallen's lessee
Tennessee Supreme Court
This was an action of ejectment, brought by the defendant in error, against Isaac Sawyers, Richard Hudnall and George Poff.
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This was an action of ejectment, brought by the defendant in error, against Isaac Sawyers, Richard Hudnall and George Poff. The capias ad respondendum issued on the fourth day of November, 1819, from the circuit court of Claiborne county, and was returned executed at the succeeding April term, 1820, of said court; at which term it was continued. í At the October term following, Arthur L. Campbell was admitted to defend, in the room of the original defendants; he entered his appearance at said last mentioned term, and filed the following petition for a removal of the cause to the circuit court…
1Opinion of the CourtCrabb, J.
The plaintiff in error alleges, that the court below erred in refusing to re*268move this suit, on his application, to the circuit court of the United States. It is said in argument for the defendant in error, that the court properly rejected the application, because it was not made by the now plaintiff, at the time of entering his appearance. Were the fact as supposed, it would be conclusive in favor'of the course pursued by the circuit court. But upon inspection of the record, we perceive, that at October term, 1820, Campbell first appeared in the circuit court, and at the same term he…
2Cases cited1 opinion
- Kennedy v. WoolfolkTennessee Superior Court for Law and Equity · 1809
3Cited by1 opinion
- 101 Live Stock Co. v. Kansas City, Memphis & Birmingham Railway Co.Missouri Court of Appeals · 1903