Jones v. Dailey

TOMLIN, Presiding Judge (Western Section).

Edward L. Jones (plaintiff) filed suit in the Circuit Court for Shelby County against the Board of Education, City of Memphis Schools, and Irenn M. Dailey, its employee (defendants) for personal injury based upon défendant Dailey’s alleged negligence. The suit was brought on a pauper’s oath. Defendants filed a motion to dismiss, alleging plaintiff’s oath of poverty to be probably untrue, pursuant to T.C.A. § 20-12-132. Following a hearing, the trial judge granted the motion. On appeal, plaintiff has presented the following issues: (1) Did the trial…