Tennessee Superior Court for Law and Equity, 1804

Dwiggins v. Robertsons.

Tennessee Superior Court for Law and Equity · Decided September 6, 1804 · White, Campbell, Overton

1 Tenn. 81

Counsel

WHITESIDE, for the defendant, read a petition for a certiorari to bring up the proceedings of the County Court of Anderson in this cause.TRIMBLE, for the plaintiff, said he hoped the Court would not make such an order as would preclude exception hereafter.

Opinion of the Court

White, Judge

—The practice uniformly has been to consider the ground or reasons for granting a certiorari, as open to investigation, during the next succeeding term after granting it, whether granted within or out of court.

Consequently the propriety of granting it may be examined during the next term.

Trimble, then stated that the petition was sworn to by one of the defendants only.—The order however was not reversed on that objection.

Campbell, j. and Overton, j.—Accorded.

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