S. A. G. Noel & Co. v. Scoby
Tennessee Supreme Court
FROM WILSON. Appeal from the Circuit Court, before H. Cooper, J. insisted that the original stay was vague and void; Barr v. McGregor, 11 Hum., 518; Rhodes v. Chappell, 11 Hum., 527, not cured by acquiescence, Mayfield v. McLary, 3 Head, 159. Under Code, 3060, stay good by consent, of which acquiescence is proof, Neil v. Beaumont, 3 Head, 627; Taliaferro v. Herring, 10 Hum., 272. Stay good without Act of 1861; not bad because it purports to be under that Act — Roberts v.…
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FROM WILSON. Appeal from the Circuit Court, before H. Cooper, J. insisted that the original stay was vague and void; Barr v. McGregor, 11 Hum., 518; Rhodes v. Chappell, 11 Hum., 527, not cured by acquiescence, Mayfield v. McLary, 3 Head, 159. Under Code, 3060, stay good by consent, of which acquiescence is proof, Neil v. Beaumont, 3 Head, 627; Taliaferro v. Herring, 10 Hum., 272. Stay good without Act of 1861; not bad because it purports to be under that Act — Roberts v. Cross, 1 Sneed, 233. Law changed since Howard v. Brownlow, 4 Sneed, 548; Apperson v. Smith, 5 Sneed, 373, by Code, 3060,…
1Opinion of the CourtFreeman, J.
This is a petition for certiorari and supersedeas, to quash two executions, issued in favor of Noel & Co., against complainant, Scoby, as stay or, under the Act of the Legislature, passed January 26, 1861.
The case was tried by his Honor, Judge Henry Cooper, on motion to quash the execution, who sustained the motion, holding that Scoby was not liable as stayor, from which judgment Noel & Co. appealed to this Court.
The facts material to be stated, are: That Noel & Co. had obtained two judgments, before a Justice of the Peace for Wilson county, against J. A. Anthony, dated 21st of April, 1860,…
2Cited by2 opinions
- County of Shelby v. City of MemphisTennessee Supreme Court · 1963
- Kentucky-Tennessee Light & Power Co. v. DunlapTennessee Supreme Court · 1944