Baker v. Griffeth
Tennessee Supreme Court
FROM WARREN. Appeal from the Circuit Court of Warren County to the Court of Civil Appeals, and by certiorari to the Court of Civil Appeals' from the Supreme Court. —Ewin L. Davis, Judge.
1Opinion of the CourtJustice Williams
A justice of the peace’s warrant which is so defective, in failing to state a cause of action, as not to he cured by verdict under the rule declared in Parris v. Brown, 5 Yerg. (13 Tenn.), 267, and Railroad v. Flood, 122 Tenn., 56, 113 S. W., 384, may be amended on any trial before verdict so as to set forth a cause of action. Thompson’s Shannon’s Code, section 5989. The opinions in both of the above cases so indicate. Parris v. Brown, supra, at page 270, and Railroad v. Flood 122 Tenn., at page 78, 113 S. W., at page 389.
It was not meant to be ruled in Railroad v. Davis, 127 Tenn., 167, 171,…
2Cases cited2 opinions
- Memphis Street Railway Co. v. FloodTennessee Supreme Court · 1908
- Nashville, Chattanooga & St. Louis Railway Co. v. Davis ex rel. DavisTennessee Supreme Court · 1912
3Cited by1 opinion
- Shay v. HarperTennessee Supreme Court · 1957