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22 Tenn. 151

Johnson v. Billingsley

Tennessee Supreme Court

Decided July 15, 1842

Tennessee Supreme Court · decided 1842-07-15

Johnson brought an action of trover against Billingsley in the circuit court of Bledsoe county, for nineteen head of hogs. It was tried at the November term.. 1841, before judge Keith, on the plea of not guilty. It appeared that Bridgman had recovered a judgment against Mooneyham for the sum of $43 15 on the 18th October, 1839, before Kirkland, a justice of the peace of Bledsoe county. Fi. fa. issued on the 10th April, 1840.

Cited by 1 later decisions — most recently April 1943

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1842-07-15

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Reese, J.

¶1delivered tire opinion of the court.

¶2The only question in this case is, whether a judgment rendered by a justice, and placed on his docket book, is so defective in substance as to be void. The columns of his docket book are ruled off pretty much according to the form given in the statute. He gives the date of the return in one column, the statement of the cause by the names of the parties in another, the amount of the judgment in cubic figures (that, too, according to the statutory form) in a third, in a fourth the word confessed, &c. But a caption to the columns of his docket seems to be wanting. That docket contained many cases. Shall all these cases go for nothing? The caption may have been lost; but if not, the coincidence of the columnar arrangement with the statutory form, makes these very columns, the very ruling off according to law, legally significant, and supplies much that, under a different system, might require expression in words. Besides, this judgment is attacked, not by any party to it, but by a third person. Our courts have always anxiously sought to support the proceedings of justices, a class of officers, who from patriotism and public spirit merely taire upon themselves functions to the performance of which, in many instances, they bring good purposes and right intentions, rather than skill and knowledge.. On grounds of public policy, of necessity almost, their proceedings must be upheld whenever possible. We affirm the judgment.

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