Legal Opinion

Fleming v. Kemp

Court of Appeals of Tennessee

Decided April 10, 1943PublishedCited by 5 opinions

1Opinion of the CourtHale, J.

This action was brought by Kemp against Fleming to recover on a judgment entered in his favor for $386.86 on January 19,1932, by Ed. Robinson, J. P.

The defense is that the original “ judgment” was void and not a judgment in fact; that it did not show who obtained it or the amount thereof; and, consequently, it is urged it could not form the basis of an action, and that parol evidence should not have been admitted to supply the defects in the original proceeding’s. The Circuit Judge found against defendant, who moved for a new trial, which was denied and he prayed, was granted and perfected an…

2Cases cited2 opinions

  1. Collins v. WilliamsTennessee Supreme Court · 1931
  2. Elliott & Co. v. JordanTennessee Supreme Court · 1874

3Cited by5 opinions

  1. Stieler v. OstranderSupreme Court of Minnesota · 1955
  2. Chappell v. ChappellCourt of Appeals of Tennessee · 1952
  3. Vanatta v. VanattaCourt of Appeals of Tennessee · 1985
  4. Frank R. Dalton v. Tennessee Board of Paroles - ConcurringCourt of Appeals of Tennessee · 1996
  5. Robinson v. StateCourt of Criminal Appeals of Tennessee · 1979

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