Moore v. Churchwell

I am of the opinion that the rule of liberal construction followed by the majority of the court is not applicable.

“The aim of the law is to allow all parties a fair opportunity to have all the errors to their prejudice re viewed on one appeal, and one only.” Gibson’s Suits in Chancery, Sec. 1265. In accord is the pronouncement of the Supreme Court in Hume v. Commercial Bank, 60 Tenn. 220-, 223, that “the sound and safe rule of the inferior courts, as of this court, is to have only one trial of all the questions involved in the cause. ’ ’ .

The statute contained in Code, section 9038 is in…