Ninney and Graham v. Damron

Adverting to the 64th and 68th sections of the same act, copies of the bond and reasons should make a part of the record sent, and not the original, which should remain among the proceedings below. But if the appellee, for whose benefit these regulations were made, chooses to dispense with them he may do so. It was then stated that it did not appear an appeal had been granted.

The certificate of the clerk stated that an appeal was prayed, but did not show that an appeal was granted; and unless it were granted, this court could not entertain jurisdiction of the cause.

Appeal. — The appeal is now called for trial, cause must be shown instanter; in fact there does not appear any necessity for a rule when a cause is called. Upon showing cause, it appeared that no copy of the bond for prosecuting the appeal or reasons had been sent up as part of the record, but the original bond and reasons themselves, and cited Rouls. ed. Tenn. Laws, 21; 1794, c. 1, § 63.

The appellant has brought up the appeal, which shows that he himself has given jurisdiction. He brought the appeal here, and now is incompetent to an objection for want of jurisdiction if the appellee will admit the record as brought *Page 185 up, the consent of both parties, then appears as to the point of jurisdiction. This court, possessing general and universal jurisdiction by the principles of the common law, can try a cause completely before them, though not regularly brought, by consent of both parties, in all cases except where inferior jurisdictions have exclusive cognizance. If the parties are fairly before the Court by their pleadings, though some preliminary steps have been omitted, the Court can try the cause, provided the party for whose use those steps were intended relinquish the benefit of them; this has been done, and the cause must be tried.¹

¹ See 3 Cain. 104, 105; 2 Mass. 102; 4 Dall. 205, n.; 4 Hen. Mun. 489; 6 Johns. 4; 7 Johns. 207.