Overholser v. Clark

Decided September 15, 1850

Tennessee Supreme Court · decided 1850-09-15

In this cause the defendant obtained a rule on the plaintiff at the July Term, 1849, of the Circuit Court of Carter County, to justify his present security or give other and better security, on or before ■ the second day of the next term, or his cause would stand dismissed. At the time of holding the next term the Judge failed to attend, and no court was held.

Decided 1850-09-15

McKinney, J.,

¶1delivered an oral opinion, in which it was held, on the authority of Bettis v. Mansfield, 11 Humph. 604, that the rule expired at the term at which,' by its terms, the plaintiff was to comply with it. If the defendant fails to dispose of it in some way at that term, he cannot do it afterwards ; and this whether the Court is held or not. [1]

¶2The judgment of the Circuit Court was reversed, and the cause remanded.

¶3(1) Irvins v. Mathis, 11 Humph. 603; Sharp v. Miller, 3 Sneed, 42; Bettis v. Mansfield, 11 Humph. 604.