Leach v. Rich
Tennessee Supreme Court
FROM CARROLL. Appeal from the Circuit Court of Carroll County to the Court of Civil Appeals, and by certiorari to the Court of Civil Appeals from the Supreme Court. —Thos. E. Harwood, Judge.
1Opinion of the Court
Mr. Special Justice W. B. Swaney
delivered the opinion of the Court.
The chief controversy in this case is as to the right of defendant in error, W. J. Eich, to maintain an action against plaintiff in error W. E, Leach, trustee, and others, upon two bonds given in a replevin suit originating before a justice of the peace in Carroll county and later taken by appeal to the circuit court. Plaintiffs in error insist that the statutory remedy is exclusive since Acts 1905, chapter 31, now section 5152a, Thomp. Shan. Code, which is as follows:
“If the justice finds the issue in favor of the defendant…
2Cases cited10 opinions
- Yelton v. SlinkardIndiana Supreme Court · 1882
- Whitney v. LehmerIndiana Supreme Court · 1866
- Nighbert v. HornsbyTennessee Supreme Court · 1897
- United States v. CohnCourt Of Appeals Of Indian Territory · 1899
- Keelin v. GravesTennessee Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hodges v. S.C. Toof & Co.Tennessee Supreme Court · 1992
- Guy v. Mutual of Omaha Insurance Co.Tennessee Supreme Court · 2002
- Frazier v. Nashville Gas & Heating Co.Tennessee Supreme Court · 1932
- Securities Inv. Co. v. Pioneer Sales Co.Tennessee Supreme Court · 1942
- Hodges v. S.C. Toof & Co.Tennessee Supreme Court · 1992
1 more not listed; retrieve them via the Exa API.