Scott v. White

Tennessee Supreme Court

Scott v. White

1 Shan. Cas. 23

DecidedSeptember 15, 1849

StatusPublished

This text of 1 Shan. Cas. 23 (Scott v. White) 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

Scott v. White, 1 Shan. Cas. 23 (Tenn. 1849).

Pincite

Opinion

Turley, J.:

An appeal will lie from an order to discharge an attachment, although it is merely a subsidiary proceeding.

McKinney, J.:

The defect in the affidavit was amendable. The case differs from the case of Neil v. McReynolds, 8 Humph., 12, in which there was no affidavit. The act of 1843, chapter 29, makes express provision for amendments. An attachment may be issued under that act by a justice of the peace returnable to the circuit court, where there is a cause already pending, just as upon an original cause.

Motion to dismiss appeal denied, and judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Turley, J.:

An appeal will lie from an order to discharge an attachment, although it is merely a subsidiary proceeding.

McKinney, J.:

The defect in the affidavit was amendable. The case differs from the case of Neil v. McReynolds, 8 Humph., 12, in which there was no affidavit. The act of 1843, chapter 29, makes express provision for amendments. An attachment may be issued under that act by a justice of the peace returnable to the circuit court, where there is a cause already pending, just as upon an original cause.

Motion to dismiss appeal denied, and judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

1 Shan. Cas. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-white-tenn-1849.