King, Carson, and King v. Rentfroe
Tennessee Superior Court for Law and Equity
Petition for a certiorari and supercedeas. Notice had been given by the defendant that a certiorari would be moved for. opposed the motion, and offered the affidavits of several persons, to shew that the statements in the petition were not true. said, that the ease of Beck, vs Knab, had decided this principle, though in that case, the application was to read the affidavit of the person against whom it was obtained, yet the reasoning adopted by the court, went to the…
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Petition for a certiorari and supercedeas. Notice had been given by the defendant that a certiorari would be moved for. opposed the motion, and offered the affidavits of several persons, to shew that the statements in the petition were not true. said, that the ease of Beck, vs Knab, had decided this principle, though in that case, the application was to read the affidavit of the person against whom it was obtained, yet the reasoning adopted by the court, went to the exclusion of affidavits altogether. Per Curiam. White, J. and Campbell, J. The application in the case alluded to, was to read…
1Opinion
This is a motion for a certiorari, upon the ground disclosed in the petition. The case seems susceptible of the following points of view: —
1st. How is that class of cases, called motions, conducted by the English practice, in their different courts? Whether supported by affidavits or not; and, if they are, whether cross-affidavits are receivable?
2d. Does an application for a certiorari differ from other motions; and what is the practice upon certiorari in England, considered as remedial and not auxiliary process?
3d. A comparison of this case with that of Beck v. Knab.
4th. Is the practice as…
2Cases cited2 opinions
- In re the Proof of the Will of NadalHawaii Supreme Court · 1861
- Spencer v. BennetHawaii Supreme Court · 1861