Wilson v. Smith, T.
Tennessee Supreme Court
This was an action on the case, brought in the Davidson Circuit Court, commenced in April, 1814. The writ was against Wilson only. A declaration was filed at the return term. The first count was on an m-debitatus assumpsit for thirteen thousand dollars: second count, for a like sum laid out and expended. Plea, non-assumpsit.
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This was an action on the case, brought in the Davidson Circuit Court, commenced in April, 1814. The writ was against Wilson only. A declaration was filed at the return term. The first count was on an m-debitatus assumpsit for thirteen thousand dollars: second count, for a like sum laid out and expended. Plea, non-assumpsit. In 1815, on 'cause shown, leave was given the plaintiff, Smith, to file an amended declaration: whereupon he declared, that the said Nicholas, in consideration that a certain James J. Wilkerson and-Bryan, who had before that time leased of the said John the Mine…
1Opinion of the CourtHatwood, J.
The two first counts of this declaration may at once be laid out of the case, being not supported by evidence, as it is admitted on all hands. The third count, the one upon which the jury have found their verdict, is supposed also by the counsel on one side not to be supported by evidence, and to be one in respect of which the court *394gave to the jury a wrong direction in point of law. The error is taken to be, that in stating to them, that if Walter Wilkerson and James J. Wilkerson were partners, that then a lease made by Walter Wilkerson and Bryan, supports the description of a lease made by…
2Cited by2 opinions
- Couch v. HallTennessee Supreme Court · 1967
- Dowlen v. StateCourt of Criminal Appeals of Tennessee · 1968