Spalding v. Kincaid
Cases that cite this one
22 later published cases cite this decision.
- Kiriakides v. Atlas Food Systems & Services, Inc. (S.C. Ct. App. 2000)
- State v. Thompson (La. Ct. App. 2015)
- State of Louisiana v. Leslie C. Thompson (La. 2017)
- State of Louisiana v. Leslie C. Thompson (La. 2017)
- Merriman v. Coca Cola Bottling Co. (Tenn. Ct. App. 1933)
- Lyon v. Crabtree (Tenn. Ct. App. 1932)
- Del Borrello v. Del Borrello (Philadelphia County Court of Common Pleas 2001)
- Burns v. Duncan (Tenn. Ct. App. 1939)
- Webster v. Trice (Tenn. Ct. App. 1939)
- Wilson v. Moudy (Tenn. Ct. App. 1938)
- Allen v. Cherokee Motor Coach Co., Inc. (Tenn. Ct. App. 1936)
- Gulf Refining Co. v. Frazier (Tenn. Ct. App. 1932)
- Southern Railway Co. v. City of Elizabethton (Tenn. Ct. App. 1929)
- Smith v. Winkler (Tenn. Ct. App. 1928)
- Jones v. Tennessee Central Railway Co. (Tenn. Ct. App. 1928)
- Conatser v. Reagan (Tenn. Ct. App. 1928)
- Neil v. Independent Realty Co. (Mo. 1927)
- Kennard v. Eyermann (Mo. 1916)
- State Ex Rel. Attorney-General v. Knight (N.C. 1915)
- Gaskins v. Williams (Mo. 1911)
- Wilkins v. Chicago. St. Louis & New Orleans Railroad (Tenn. 1903)
- Cawthon v. Searcy (Tenn. 1883)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The act of 1829, chapter 103, section 2, forbids the Court to dismiss any cause without examining it upon its merits. The prayer in this case is for simple appeal. No such appeal lies at law; and it must be construed to ■ mean an appeal in error. That, like a writ of error, does not vacate the judgment below, but operates as a supersedeas. We see no reason why the appellee cannot at any time file the record, and we can apply no statute of limitations to him. The case
Judgment affirmed.
(1) Appellee may produce transcript in Supreme Court and move for an affirmance of judgment, when. Freeman v. Henderson, 5 Cold. 647 ; Furber v. Carter, 2 Sneed 1. And the appellant cannot be heard to. object on account of lapse of time, since appeal. Ib. As to affirmance in similar cases in appeal to Circuit Court, see Code 3143, 3150, 3151. See also Bustard v. Cheatham, 1 Tenn. 370; Norwood v. Humphreys, 2 Tenn. 188; Stuart v. Pasmore, 5 Hayw. 30; Nichols v. Colvill, 1 Tenn. 81; Gregory v. Burnett, 1 Humph. 60; McDonald v. Smith, 7 Yerg.304; Duncan v. McGee, 7 Yerg. 103; Suggs v. Suggs, 1 Tenn. 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.