¶1There can exist but two grounds for dismissing. 1st. The not shewing why the ordinary remedy by appeal was not resorted to. 2nd. A want of merits apparent upon the face of the petition. He was inclined to think that the petition ought not to be dismissed, but that it should have a trial here.
2 Tenn. 110
Henderson v. Lackey
Decided September 15, 1808
Tennessee Supreme Court · decided 1808-09-15
Certiorari; rule to dismiss. said, much inconvenience had arisen from these rules to dismiss certiorari’s. Upon obtaining a rule, the grounds ought to be stated. The petition disclosed a discovery of material testimony after the trial below.
Cited by 1 later decisions — most recently September 1850
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1808-09-15
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