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49 Tenn. 147

State v. Thompson

Tennessee Supreme Court

Decided December 17, 1870

Tennessee Supreme Court · decided 1870-12-17

PROM BEDFORD. . This was a proceeding by motion in the Circuit Court of Bedford County, before JOHN W. Phillips, J., against Thompson, as Clerk of the County Court of said county, and the other defendants as his securities upon his bond, “in all things faithfully to discharge the duties” of his office, on account of the failure of Thompson to make Revenue statements, and to pay over the revenue collected.

Decided 1870-12-17

Turkey, J.,

¶1delivered the opinion of the Court.

¶2The judgment of the Circuit Court is erroneous.

¶3The first plea is, in effect, a plea of non est faetwm, but is not sworn to.

¶4The third and fourth pleas are fatally defective in several particulars.

¶5Defendants undertake to plead in bar of this motion, a recovery in the County Court of judgments amounting to as much as the penalty of the bond on which the motion is based. They fail to show by their plea any proceedings pending in the County Court, giving the Court jurisdiction to render judgment or pronounce decrees.

¶6The pleas do not notify the Attorney General of any legal defense to the motion.

¶7The pleas are argumentative and conditional. The *152names of tbe parties to the judgments or decrees attempted to be pleaded are not sufficiently set out.

¶8The pleas do not conclude with a verification by the record.

¶9For these reasons the demurrer should have been sustained.

¶10The judgment of the Circuit Court overruling the demurrer, is reversed; the first, third and fourth pleas dismissed; and the case remanded for proper pleas and a new trial.

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