Hawkins v. Alexander
Tennessee Supreme Court
FROM FRANKLIN. Appeal in error from Circuit Court of Eranklin County. M. D. Smallman, J. Action of unlawful detainer by J. B. Hawkins against Alexander and Brazelton. Erom judgment before the Justice of the Peace in favor of the plaintiff, the defendants appealed, and remained in possession. In the Circuit Court the defendants were required to give bond to cover rents that should accrue pending the appeal.
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FROM FRANKLIN. Appeal in error from Circuit Court of Eranklin County. M. D. Smallman, J. Action of unlawful detainer by J. B. Hawkins against Alexander and Brazelton. Erom judgment before the Justice of the Peace in favor of the plaintiff, the defendants appealed, and remained in possession. In the Circuit Court the defendants were required to give bond to cover rents that should accrue pending the appeal. Defendants were again unsuccessful in the Circuit Court, and judgment entered against them and their sureties upon their bond. Defendants appealed.
1Opinion of the Court
.LüRTON, J.
This is an action of unlawful de-tainer begun before a justice. There was judgments in ‘favor of the plaintiff, from which the defendants appealed to the Circuit Court. Pending the appeal, defendants were suffered to remain in possession, the plaintiff not choosing to avail himself of his right to sue out a writ of possession, which he might have done, notwithstanding the appeal, upon giving the bonds required by the statute. Code (M. & V.), § 4092.
Defendants had executed a bond, upon obtaining this appeal, in the sum of $250, conditioned, upon failure to prosecute successfully, to…
2Cited by3 opinions
- Edith Johnson v. Mark C. HopkinsTennessee Supreme Court · 2013
- Elliott v. LewisTennessee Supreme Court · 1971
- Elizabeth Bailey v. Mary Taylor and Mary Taylor v. Elizabeth BaileyCourt of Appeals of Tennessee · 2008