Knoxville Iron Co. v. Smith
Tennessee Supreme Court
PROM KNOX. Appeal in error from Circuit Court of Knox County. S. T. Logan, J. W. L. Smith., a State convict, brought this suit in the Circuit Court of Knox County, against the lessees and sub-lessees of the State Penitentiary, for damages for personal injuries sustained by him while working under their control in a coal mine, by the falling in of the roof of the mine upon him.
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PROM KNOX. Appeal in error from Circuit Court of Knox County. S. T. Logan, J. W. L. Smith., a State convict, brought this suit in the Circuit Court of Knox County, against the lessees and sub-lessees of the State Penitentiary, for damages for personal injuries sustained by him while working under their control in a coal mine, by the falling in of the roof of the mine upon him. It is averred that the roof of the mine was permitted to become dangerous by defendant’s negligence. The suit was brought upon a pauper oath made before the Circuit Court Clerk of Greene County; and motion to dismiss,…
1Opinion of the CourtTurney, C. J.
It is assigned for error that the Court erred - in refusing to dismiss the suit brought in Knox County — the oath in forma pauperis having been taken before the Clerk of the Circuit Court of Greene County.
The form of oath prescribed by statute is, “I, A. B., *47do solemnly swear that owing to my poverty I am not able to bear the expense of the action wliieb I am about to commence,” etc. T. & S. Code, § 3192. '.
There is no designation of the official before whom tbe oatb is to be taken. Section 4050 authorizes “the Clerks of the several courts in this State to administer oaths and take affidavits…
2Cited by3 opinions
- Memphis Street Railway Co. v. HaynesTennessee Supreme Court · 1904
- Fawcett v. Railway Co.Tennessee Supreme Court · 1904
- Phipps v. BurnettTennessee Supreme Court · 1896