Kavanaugh v. Dixon

Decided July 6, 1813

Tennessee Supreme Court · decided 1813-07-06

>• Appeal. ) This was an action of ejectment brought by the appellee against the appellant, and lately depending in the late Mero District Court. The Legislature by an Act passed in 1809 creating circuit courts, directed that all civil causes then depending in the superior courts should be transferred to &e circuit courts, viz.: That each cause should be sent to that county where the first-named defendant resided.

Decided 1813-07-06

By the Gourt.

¶1 This Court are of opinion that the Circuit Court acted correctly ; because the cause was transferred to that court, which by the first Act was directed to take jurisdiction of it. The supplemental Act did not intend to make any change in this respect as to the causes then pending, but to make a provision for suits thereafter to be commenced. It was competent for the Legislature to point out any county they might choose where the suits should be tried. The clerk could send it to none other but the- one to which he did send it.

¶2 It is also urged'that the judgment of the Circuit Court is erroneous, it having concluded with a capiatur. Run. Ejt. 405. We conceive the conclusion of the judgment to be right, though it would have been as well to have concluded ‘in misericordia.