McNewis Executors v. Rogers
Tennessee Supreme Court
I. In this cause at which final judgment was rendered at the September Term, 1849, of the Supreme Court, (1) affirming the judgment of the Circuit Court of Claiborne County, on motion of Sneed a certiorari was awarded directing the Clerk of the Court below to certify to the Supreme Court the record and proofs in regard to the cost of a witness. [2] II.
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I. In this cause at which final judgment was rendered at the September Term, 1849, of the Supreme Court, (1) affirming the judgment of the Circuit Court of Claiborne County, on motion of Sneed a certiorari was awarded directing the Clerk of the Court below to certify to the Supreme Court the record and proofs in regard to the cost of a witness. [2] II. Sneed also .suggested that in the transcript of the _ record on file in this Court it appeared that the judgment in the court below was against the executors de bonis propriis, whereas, in fact, as the original record shows, it was rendered de…
1Opinion of the Court
GREEN. J. :
There are but two cases in which this Court can correct its judgments at a term subsequent to their rendition ; one at common law where the entry was a misprision of the clerk ; the other under Mr. Nicholson’s law to authorize the Supreme Court to do justice in certain cases, and this ease does not fall within either (2) (3) Motion to award certiorari on that point denied.
Power of Supreme Court over its judgment of former term. — Bill of Review does not lie to revise, Cox v. Breedlove, 2 Yerg. 499; Wilson v. Wilson, 10 Yerg. 200. But may correct errors arising from misprision of…
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