Stewsrt's Lessee v. Austin

Tennessee Superior Court for Law and Equity

Stewsrt's Lessee v. Austin

1 Tenn. 186

CourtTennessee Superior Court for Law and Equity

DecidedSeptember 6, 1805

StatusPublished

This text of 1 Tenn. 186 (Stewsrt's Lessee v. Austin) 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

Stewsrt's Lessee v. Austin, 1 Tenn. 186 (Tenn. Ct. App. 1805).

Pincite

Opinion

Upon an affidavit by the defendant to continue the cause, it appeared, that a mistrial had taken place at the last court. It was insisted, that by the defendant’s coming to trial at the last term, it shewed his willingness to have a determination, and excludes the idea of evasion in this application. Though there were two continuances by the defendant before the mis-trial, the defendant ought to stand in the same situation, as if this were the first application. The mis-trial merged all antecedent continuances. By the court this must be considered as an application for a third continuance.

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Upon an affidavit by the defendant to continue the cause, it appeared, that a mistrial had taken place at the last court. It was insisted, that by the defendant’s coming to trial at the last term, it shewed his willingness to have a determination, and excludes the idea of evasion in this application. Though there were two continuances by the defendant before the mis-trial, the defendant ought to stand in the same situation, as if this were the first application. The mis-trial merged all antecedent continuances. By the court this must be considered as an application for a third continuance.

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Bluebook (online)

1 Tenn. 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewsrts-lessee-v-austin-tennsuperct-1805.