Legal Opinion

County of Shelby v. City of Memphis

Tennessee Supreme Court

Decided February 7, 1963PublishedCited by 46 opinions

1Opinion of the CourtChief Justice Peewitt

This is a suit under the Declaratory Judgments Act (T.C.A. sec. 23-1102 et seq.) for the construction of the provisions of Chapter 343 of the Private Acts of 1961.

The defendant, City of Memphis, filed an answer. The remaining defendants filed demurrers. Neither the answer nor the demurrers raise the question of the jurisdiction of the Chancery Court at Nashville to hear and determine this case.

This Court, sua sponte, is forced to reverse and dismiss this case for the reason that the Chancery Court at Nashville had no jurisdiction of the subject matter, nor of the defendant, City of Memphis,…

2Cases cited5 opinions

  1. Mayor of Nashville v. WebbTennessee Supreme Court · 1904
  2. Baker v. MitchellTennessee Supreme Court · 1900
  3. Board of Directors v. Bodkin Bros.Tennessee Supreme Court · 1902
  4. New River Lumber Co. v. Tennessee Ry. Co.Tennessee Supreme Court · 1918
  5. S. A. G. Noel & Co. v. ScobyTennessee Supreme Court · 1870

3Cited by46 opinions

  1. Dishmon v. Shelby State Community CollegeCourt of Appeals of Tennessee · 1999
  2. First American Trust Co. v. Franklin-Murray Development Co., L.P.Court of Appeals of Tennessee · 2001
  3. SunTrust Bank, Nashville v. JohnsonCourt of Appeals of Tennessee · 2000
  4. Computer Shoppe, Inc. v. StateCourt of Appeals of Tennessee · 1989
  5. State v. SeagravesCourt of Criminal Appeals of Tennessee · 1992

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