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2 Tenn. 108

Garrett v. Perryman

Tennessee Superior Court for Law and Equity · decided 1808-09-06

<p>Appeal dismissed for want of attornies reasons for the appeal. Afterwards a certiorari was obtained, which was argued.</p>

Cited by 3 later decisions — most recently January 1964

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1808-09-06

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¶1 Judgment in the county court, upon which an appeal was prayed to this court, which at a former term was dismissed, no reasons for the appeal having been filed by the attorney in the county court. After this a certiorari was obtained to bring up the proceedings of the court below. A rule bad been made to shew cause why the certiorari should not be dismissed. Upon shewing cause, Dardis and Scott objected. 1st that a certiorari had been allowed before a procedendo was awarded, which was irregular ; 2d that the failure in filing, reasons was the parties own *109 neglect, or that of his attorney, which was the same thing. Sed non allocator, and the rule was discharged.

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