Garrett v. Perryman

2 Tenn. 108

• Court: Tennessee Superior Court for Law and Equity
• Decided: September 6, 1808
• Status: Published

Opinion

Judgment in the county court, upon which an appeal was prayed to this court, which at a former term was dismissed, no reasons for the appeal having been filed by the attorney in the county court. After this a certiorari was obtained to bring up the proceedings of the court below. A rule bad been made to shew cause why the certiorari should not be dismissed. Upon shewing cause, Dardis and Scott objected. 1st that a certiorari had been allowed before a procedendo was awarded, which was irregular ; 2d that the failure in filing, reasons was the parties own neglect, or that of his attorney, which was the same thing. Sed non allocator, and the rule was discharged.