Kennedy v. Woolfolk
Tennessee Superior Court for Law and Equity
This was an application for a peremptory mandamus to the county court of Robertson. The case was as appeared from the record of the county court, that the defendant took out a writ against the plaintiff. Upon this writ the sheriff returned non est inventus; a judicial attachment issued, which was levied on a tract of land.
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This was an application for a peremptory mandamus to the county court of Robertson. The case was as appeared from the record of the county court, that the defendant took out a writ against the plaintiff. Upon this writ the sheriff returned non est inventus; a judicial attachment issued, which was levied on a tract of land. On the return of the attachment the defendant appeared and filed his petition stating that he was a citizen of another state, to wit, of Kentucky, &c. and prayed that his cause might be removed to the circuit court of the United States agreeably to the act of Congress. The…
1Opinion of the Court
Overton j.
The petition filed in the county court, completely brings the plaintiffs case within the act of Congress. The petition was sworn to which seems to be the method contemplated by the act September, 1789, c. 20. sec. 12. Upon the truth of the petition being verified on oath, and the plaintiff here offering to give the security contemplated in the act, the county court had no discretion, they ought to have taken the security, and sent the cause to the federal court. It would have been the same thing if suit had been brought in this court, and a petition filed and sworn to. This petition…
2Cited by8 opinions
- Wright v. HurstTennessee Supreme Court · 1909
- Talbot v. M'GavockTennessee Supreme Court · 1829
- Campbell v. Wallen's lesseeTennessee Supreme Court · 1827
- Campbell v. Wallen's LesseeTennessee Supreme Court · 1827
- Campbell v. Wallen's LesseeTennessee Supreme Court · 1827
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