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26 McCanless 374

436 S.W.2d 292

Badgett v. Rogers

Tennessee Supreme Court

Decided December 6, 1968

Tennessee Supreme Court · decided 1968-12-06

Good law ✅— No negative treatment on recordhow we know

Decided 1968-12-06

How this case has been cited

Cited by 23 later decisions — most recently February 2014

2 federal appellate · 17 state decisions

80196819701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion on Petition to Rehear.

MR. Justice Creson.

¶2A petition to rehear has been, filed in this cause, the thrust of which is that the Court overlooked the facts (1) that the case was before the Court upon a demurrer to the original bill, and (2) that certain allegations of the bill alleged “facts” showing the iniquity or even worse, of the conduct of the defendants.

¶3It is true that the ease is here seeking review of a judgment of the Knox County Chancery Court sustaining a demurrer. In the original opinion, we did not agree with *383the ground upon which the Chancellor based his decision, but did so, fully, with the result reached by him.

¶4Counsel should recall that a large per cent of cases which come to this Court on direct appeal are those on demurrer; and the Court is fully familiar with the rules respecting review of such a case.

¶5We feel it is entirely clear in the original opinion that the things this petition argues were overlooked were precisely the things that were considered in reaching the conclusion stated in the original opinion.

¶6The petition to rehear is denied.

Burnett, Chief Justice, and Dyer, Chattin and HumphReys, Justices, concur.
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