Mathis v. City of Memphis

Tennessee Supreme Court

Mathis v. City of Memphis

65 Tenn. 439

DecidedApril 15, 1873

StatusPublished

This text of 65 Tenn. 439 (Mathis v. City of Memphis) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mathis v. City of Memphis, 65 Tenn. 439 (Tenn. 1873).

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Opinion

Freeman, J.,

delivered the opinion of the court.

The question in this case is, whether a party sued before a justice of the peace, has judgment against him, and appeals to the Circuit Court and there has rendered in his favor, is liable for costs incurred in that court in case the execution is returned nulla, bona as to the original party against whom it is rendered.

Sec. 3204 provides: “All costs accrued at the instance of the successful party, which cannot be collected out of the other party, may be recovered, on motion, by persons entitled to them, against the successful party.”

The defendant was certainly the successful party in the Circuit Court; no other party was; and the object of the Statute was, that the officers doing service should be paid by the party for whom the service was performed, notwithstanding the original judgment was against his opponent.

Affirm the judgment.

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Freeman, J.,

delivered the opinion of the court.

The question in this case is, whether a party sued before a justice of the peace, has judgment against him, and appeals to the Circuit Court and there has rendered in his favor, is liable for costs incurred in that court in case the execution is returned nulla, bona as to the original party against whom it is rendered.

Sec. 3204 provides: “All costs accrued at the instance of the successful party, which cannot be collected out of the other party, may be recovered, on motion, by persons entitled to them, against the successful party.”

The defendant was certainly the successful party in the Circuit Court; no other party was; and the object of the Statute was, that the officers doing service should be paid by the party for whom the service was performed, notwithstanding the original judgment was against his opponent.

Affirm the judgment.

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Bluebook (online)

65 Tenn. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-city-of-memphis-tenn-1873.