Legal Opinion

East Tennessee, Virginia & Georgia Railroad v. Martin

Tennessee Supreme Court

Decided October 12, 1886PublishedCited by 8 opinions

Appeal in error from Circuit . Court of Monroe County. January Term, 1884.' S. A. Ro&ers, J. This is an action against a railroad company for damages to plaintiff’s property, caused by a collision. It was tried on the 16th of July, 1881, by a Justice of the Peace, decided against the railroad company, and by it appealed to the Circuit Court.

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Appeal in error from Circuit . Court of Monroe County. January Term, 1884.' S. A. Ro&ers, J. This is an action against a railroad company for damages to plaintiff’s property, caused by a collision. It was tried on the 16th of July, 1881, by a Justice of the Peace, decided against the railroad company, and by it appealed to the Circuit Court. It was continued from term to term until January, 1884, when it was tried' by a jury and again decided against the company and appealed to this Court. The railroad company objected to a jury trial. The grounds of objection, and the action of the Court,…

1Opinion of the CourtSnodgrass, J.

The act approved February 19th, 1875, to regulate trials by jury, provides “that hereafter, 'when any civil suit is 'brought in any of the courts of record of this State, whether such suit comes to such court by summons, appeal, certiorari, or otherwise, and which is now triable by jury, either party desiring a jury shall, in case of original suits, demand a jury in his first pleading tendering an issue triable by jury; and in case of all other suits shall demand a jury within the first three days of the trial term; and if no such demand is made as aforesaid, the Clerk shall place such cause…

2Cited by8 opinions

  1. Poole v. Union Planters Bank, N.A.Court of Appeals of Tennessee · 2010
  2. American Nat. Bank v. BradfordCourt of Appeals of Tennessee · 1945
  3. Russell v. HackettTennessee Supreme Court · 1950
  4. Taylor v. Sledge, Wells & Co.Tennessee Supreme Court · 1902
  5. Shelton v. HickmanCourt of Appeals of Tennessee · 1943

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