Hamilton v. Hodgkiss
Tennessee Superior Court for Law and Equity
This was an appeal from the county court. Trimble for the appellee. moved to dismiss the appeal ; no reasons having been returned, under the authority of the provision contained in the 63d section of the court law, (8) which provides that be- fore the granting any appeal whatever the attorney praying the same, shall certify to the court in writing reasons for his motion, with his opinion that the same are good and sufficient in law, why such appeal ought to be granted ;…
Read the full summary
This was an appeal from the county court. Trimble for the appellee. moved to dismiss the appeal ; no reasons having been returned, under the authority of the provision contained in the 63d section of the court law, (8) which provides that be- fore the granting any appeal whatever the attorney praying the same, shall certify to the court in writing reasons for his motion, with his opinion that the same are good and sufficient in law, why such appeal ought to be granted ; which certificate signed with the name of said attorney, shall make part of the record, and be transmitted with the other…
1Per curiam
The practice has been settled to dismiss appeals for the want of reasons, but this is founded in the presumption that no reasons were filed in the court below, but when this presumption is destroyed by proof that they were filed, surely this court would do wrong to dismiss the appeal, and thus prevent an examination of the cause before the superior court, which is the object of an appeal.
If sufficient cause be shewn by affidavit, or otherwise a certiorari ought to issue
Motion to dismiss overuled and a certiorari awarded.
2Cited by2 opinions
- McGhee v. GradyTennessee Supreme Court · 1883
- Western Union Telegraph Co. v. OrdwayTennessee Supreme Court · 1881