¶1 iisdem judicibus. The record is properly brought up; if the court can clearly see it is the same judgment against which relief was prayed, it is properly here, and if a doubt should exist, the court would not dismiss, but permit an alias cer tiorari.
1 Tenn. 344
Lima v. Pinkston
Tennessee Superior Court for Law and Equity
Decided October 6, 1808
Tennessee Superior Court for Law and Equity · decided 1808-10-06
Certiorari. Rule to dismiss upon two grounds- 1st. The bond for prosecution was not taken agreeably to the act of 1807, c. 81,in this,that the obligors have signed and sealed it above the condition. 2d. In the writ of certiorari, the judgment is described as being for $300, when that is not the sum mentioned in the record sent up.
Decided 1808-10-06