¶1After the appeal is entered in the court below, the authority of that court over the cause, ceases. If the appellant fail to bring it up, the appellee may.
¶2The motion is proper, let it have its effect.
¶3 1 Hen. and Mum. 21. 1 Call. 241.
1 Tenn. 2
Suggs v. Suggs's Executors
Decided November 15, 1794
Tennessee Supreme Court · decided 1794-11-15
Appeal-The Appeal was brought up by the appellee, within 15 days preceding the term, and now Overton for the appellee, moved for an affirmance of the judgment below, with the addition of 12 1-2 per cent interest, and double costs, agreeably to act of assembly, for failing to bring up the appeal, and prosecuting the same with effect. This being a new case, the court requested it to be aruged. No instance of the kind had occurred, west of Cumberland-Mountain.
Decided 1794-11-15