Tyson v. Netherton
Tennessee Supreme Court
EROM COCKE. Appeal in error from the judgment of the Circuit Court, November Term, 1867. Jas. P. Swam, J. insisted that the action of the Circuit Judge on the application of the defendants for a severance is subject to be revised by this court.
1Opinion of the CourtDeaderick, J.
Judgment was rendered against all the plaintiffs in error for the value of certain beef cattle alleged to have been sold to them by the intestate of defendant in error.
Upon the trial below the defendants Tyson and Den-ton made an application for a severance, supporting their application by an affidavit, in which they swear that “defendant Jenkins had no connection with affi-ants in the purchase of the cattle sued for,” and that they could prove certain material facts in their favor by him, and prayed that he be first put upon trial, that they might have the benefit of his testimony.
The court…
2Cited by2 opinions
- Winters v. FloydCourt of Appeals of Tennessee · 1962
- Ralph Rogers & Co. v. Allied Construction Co.Tennessee Supreme Court · 1959