Mobile & Ohio Railroad v. Wisdom
Tennessee Supreme Court
FROM MADISON. Appeal in error from Circuit Court at Jackson. W. P. Bond, J. insisted: Mandamus is the proper remedy to enforce legal rights only; and the party asking it must show a clear legal right.
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FROM MADISON. Appeal in error from Circuit Court at Jackson. W. P. Bond, J. insisted: Mandamus is the proper remedy to enforce legal rights only; and the party asking it must show a clear legal right. The title must be clearly and distinctly stated in the petition, together with all the facts necessary to establish the relief prayed for: Fleming ex parte, 2 Wallace, 759. The universal rule of pleading, both at law and in equity, is, that the plaintiff must aver in his declaration or. charge in his bill, every fact essential to his title, and no proofs can be heard of matters not charged,…
1Opinion of the Court
NicholsoN, C. J.,
delivered the opinion of the Court..
This is a proceeding by mandamus to compel the Mobile & Ohio Railroad Company to receive, in payment for freight or passage on the road, certain tax receipts given by the tax collector of -Madison county, Tennessee, and countersigned by the County Court Clerk of said county.
The petition was filed on the 2nd of January, 1869, and exhibits three tax receipts, amounting in all to about $24, none of which were issued to petitioner, nor assigned to him by endorsement. He alleges that he is the holder of the receipts by delivery, and that he…
2Cited by5 opinions
- Coos Bay Railroad v. WiederOregon Supreme Court · 1894
- Smalley v. YatesSupreme Court of Kansas · 1887
- State ex rel. Harrell v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1877
- Brown v. Crystal Ice Co.Tennessee Supreme Court · 1909
- Neas v. Tennessee Burley Tobacco Growers' Ass'nTennessee Supreme Court · 1959