13 Tenn. 97
Decided March 15, 1833
Tennessee Supreme Court · decided 1833-03-15
In 1820, defendant sued David King, obtained a judgment which Leiper stayed. Stay was out 10th May, 1821; execution issued 11th; officer went to King; Coleman paid 010, and promised to pay the rest soon; officer told Erwin of this, who said well, do not press the execution until I tell you. He never told the officer to push, but waited until 1829, Coleman being dead, and then took out this execution against Leiper, whq brought it up by certiorari.
Cited by 2 later decisions — most recently December 1969
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1833-03-15
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¶1delivered the opinion of the court'.
¶2The court erred when he instructed the jury that the proof made by the defendant below, “that plaintiff was a close and strict collector, ” was illegal evidence, and should by them be disregarded. We are all of opinion, that under the circumstances the evidence was admissible, and that the jury should have been left to consider of it.
¶3Judgment reversed.