Hamilton v. Hodgkiss

Tennessee Superior Court for Law and Equity

Hamilton v. Hodgkiss

1 Tenn. 109

CourtTennessee Superior Court for Law and Equity

DecidedMarch 6, 1805

StatusPublished

Cited by2 cases

This text of 1 Tenn. 109 (Hamilton v. Hodgkiss) is published on Counsel Stack Legal Research, covering Tennessee Superior Court for Law and Equity primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hamilton v. Hodgkiss, 1 Tenn. 109 (Tenn. Ct. App. 1805).

Pincite

Opinion

Per Curiam.

The practice has been settled to dismiss appeals for the want of reasons, but this is founded in the presumption that no reasons were filed in the court below, but when this presumption is destroyed by proof that they were filed, surely this court would do wrong to dismiss the appeal, and thus prevent an examination of the cause before the superior court, which is the object of an appeal.

If sufficient cause be shewn by affidavit, or otherwise a certiorari ought to issue

Motion to dismiss overuled and a certiorari awarded.

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Per Curiam.

The practice has been settled to dismiss appeals for the want of reasons, but this is founded in the presumption that no reasons were filed in the court below, but when this presumption is destroyed by proof that they were filed, surely this court would do wrong to dismiss the appeal, and thus prevent an examination of the cause before the superior court, which is the object of an appeal.

If sufficient cause be shewn by affidavit, or otherwise a certiorari ought to issue

Motion to dismiss overuled and a certiorari awarded.

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Bluebook (online)

1 Tenn. 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-hodgkiss-tennsuperct-1805.

Opinion

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