Allen v. Wood
Tennessee Supreme Court
EROM CANNON. At the October Term, 1858, Davidson, J., presiding, the petition was ' dismissed, and judgment rendered for the costs. The Court refused to render judgment for the debt, but awarded a procedendo to the justice. The plaintiff appealed.
1Opinion of the CourtWright, J.
The Circuit Court dismissed the petition for writs of certiorari and supersedeas in this cause, and rendered judgment against the petitioner, Wood, and his security-in the certiorari bond for costs; but refused to give a' judgment for the plaintiff’s debt, and awarded a proce-dendo to the justice of the peace to issue execution upon the judgment before him in favor of the plaintiff.
This was error. It is obvious here, from the statement in the petition, that this is not a case where the judgment before the justice of the peace is not complained of, and the relief is sought alone from an unjust…
2Cases cited1 opinion
- Hays v. BarnettCourt of Appeals of Kentucky · 1803