Legal Opinion

Chattanooga Iron & Coal Co. v. Hanssard

Tennessee Supreme Court

Decided September 15, 1920PublishedCited by 12 opinions

FROM HAMILTON. Appeal from the Circuit Court of Hamilton County.— Hon. Oscar Yarnell, Judge.

1Opinion of the CourtJustice Green

The judgment in this case is affirmed because the record contains no motion for a new trial which we can notice.

A minute order recites that a motion for a new trial was made and overruled. Along with the transcript is a writ*554ten motion which appears to have been filed in the court below. This motion, however, was not spread upon the minutes of the trial court nor Avas it included in the. bill of exceptions. It therefore forms no part of the record.

In Railroad v. Egerton, 98 Tenn., 541, 41 S. W., 1035, it was held that motions for a new trial must be incorporated in the minutes of the court.…

2Cases cited4 opinions

  1. Memphis Street Railway Co. v. JohnsonTennessee Supreme Court · 1905
  2. Acme Box Co. v. GregoryTennessee Supreme Court · 1907
  3. Railroad v. EgertonTennessee Supreme Court · 1897
  4. Henson v. Armour Packing Co.Missouri Court of Appeals · 1905

3Cited by12 opinions

  1. Koehn v. HooperTennessee Supreme Court · 1951
  2. National Life & Accident Ins. v. AtwoodCourt of Appeals of Tennessee · 1946
  3. Frierson v. SmithsonCourt of Appeals of Tennessee · 1937
  4. Bailey v. American Glanzstoff Corp.Tennessee Supreme Court · 1931
  5. Allen v. Cherokee Motor Coach Co., Inc.Court of Appeals of Tennessee · 1936

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