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All Reporters → beeler → Volume 6

Opinions in beeler Volume 6

Counsel for plaintiff in error, Ben Liner, asks a reversal solely on the ground that the trial judge refused to hear his motion for a new trial, holding that the motion came too late. On the first trial of this, a will contest, a jury returned a verdict in favor of the validity of the will. The trial judge granted a new trial, being of opinion the testator was of unsound mind. The jury returned th...
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These are two suits brought to recover for injuries alleged to have been sustained by James Hutson, sixteen years old, when struck by a train of defendant company while an obstruction on the track, one suit being by the father and the other by a next friend for the minor. The Court of Appeals affirmed judgments for plaintiffs. It is insisted that motions by the defendant for directed verdicts shou...
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In consideration of the sum of $4,000 cash, Albert G. Kern and others, on April 2, 1920, conveyed to Kitchen-Miller Company, by their general warranty deed, all the standing timber on certain described land in Campbell county, Tenn., and a one-half undivided interest in the land itself. Kitchen-Miller Company, on the delivery of said deed to it, and relying on the same, at once went on said land a...
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The Superintendent of Insurance of the State of Ohio, on his petition to rehear, insists that the former opinion and decree of this court is in error, in denying him the right and title to the fund held by the ancillary receiver in Tennessee. It is insisted that, by force of the Ohio statute (Gen. Code, sec. 634-4), he is vested by operation of law with title to all the property in question, and t...
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Plaintiffs in error, J.L. and Sam Tucker, sued L.W. Wright and Home Stores, Inc., for damages on account of personal injuries sustained by them when an automobile owned and operated by Wright was caused to collide with a wagon on which they were riding. On the trial of the cases, at the conclusion of plaintiff's proof, a motion was made and granted for a directed verdict in favor of the Home Store...
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A motion to strike the bill of exceptions because filed too late must be overruled. Motion for a new trial was overruled by the trial judge on January 18, 1935, and thirty days was granted for filing a bill of exceptions. The same day the court adjourned the regular January term over to February 11th. An order was entered on February 13, as of February 11, nunc pro tunc, granting an additional thi...
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This is a suit brought in a magistrate's court for conversion of a radio. Plaintiff sold the property to one Herman Turner, retaining title to secure the purchase money. Defendant Bates purchased the radio from Turner, and resold it in ignorance of the fact that the title was in plaintiff. The magistrate gave judgment for plaintiff, but the circuit judge reversed and gave judgment for the defendan...
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This is a suit by Tennessee Public Service Company to enjoin the city of Knoxville from making certain contracts with the Tennessee Valley Authority and the Federal Emergency Administration of Public Works, and to enjoin the city of Knoxville from constructing or having constructed an electrical distribution system, and to enjoin the city of Knoxville from carrying out a construction contract with...
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From a decree overruling their demurrers in part, the chancellor permitted an appeal by defendants to this court. The complainant avers that it is a New York corporation engaged in the business of manufacturing and selling pencils. That it was the owner of a patent covering an eraser attachment for lead pencils known as the "Oversize" or "Reckford" tip. That on April 11, 1933, complainant entered ...
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The petition for rehearing presents the propositions, first, that defendants McInturff, sheriff, Erwin, county judge, Chandler, county court clerk, and Grayson, District Attorney General, were made parties solely by virtue of their official position, and, having no justiciable interest, there is a total lack of jurisdiction upon which to rest a declaratory decree; and, that being true, they insist...
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Plaintiffs in error appeal from a conviction of voluntary manslaughter, with a prison sentence of two years, in the killing of Jess Anderson by stabbing with a pocketknife. The Holts are cousins, young men of 23 and 24 years, respectively. Elvin Holt says that it was he who used the knife, and there is no doubt on the record that this is so; and we find no evidence that Hoyte Holt was armed at all...
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This cause is before the court on the appeal of complainant, J.W. Gallien, from the decree of the chancellor dismissing his bill on demurrer. The purpose of the bill was to enjoin the members of the county board of election commissioners of Wayne county from holding an election to fill the office of county superintendent of public instruction of Wayne county, under chapter 831 of the Private Acts ...
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James H. Swain was accidentally killed while riding in an automobile as a guest of John Inman. The automobile skidded and plunged through the railing of the Church street viaduct, in the city of Nashville, to the railroad yard 30 feet below. The accident took place on November 12, 1933, at about 3:30 A.M., at a point on the viaduct where the roadway somewhat narrows. Street car tracks cross the vi...
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In this cause the affairs of the Independent Life Insurance Company of America are being administered by a receiver. This appeal is from a decree of the chancellor upon an intervening petition of Mrs. Vervie Brazil. The petition was filed to recover on an accident insurance policy issued upon the life of petitioner's child, aged six years, who was killed by a fall from an automobile. The chancello...
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The complainant is a domestic corporation organized to carry on a warehousing, storage, and freighting business. Its domicile is at Memphis. In 1924 it leased all its buildings, machinery, tracks, and docks to the St. Louis-San Francisco Railway Company for an annual rental that produces a net income. The commissioner of finance and taxation assessed against complainant the excise tax imposed by l...
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delivered the opinion of the Court. In this canse the estate of Lon Frank, deceased, is being wound up in the chancery court of Davidson county. His widow filed a petition in the cause, challenging the authority of the executor, and insisting that the will under which the executor was acting had been revoked for reasons hereinafter stated. The chancellor dismissed the petition and permitted an ...
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This suit was brought by Mrs. Jack Beene to recover damages for injuries to her person and to her automobile growing out of a collision between that vehicle and an automobile belonging to H.A. Ringwald. There was a judgment for the plaintiff below for $1,750 for personal injuries and for $125 for injuries to her car. The Court of Appeals was of opinion that defendant's motion for a directed verdic...
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These two suits tried together were brought by Maude Butler, a child of twelve years, and her father, Berry Butler, against E.A. Rogers and Hamilton county to recover damages on account of injuries to the little girl sustained in a fall from a school bus. There was a judgment for $3,500 in favor of the child and a judgment for $1,000 in favor of her father against both defendants. These judgments ...
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This is an appeal by the receiver of an insolvent bank, in process of liquidation in the chancery court, from a decree awarding to a group of claimants of trust funds placed with the bank in its capacity as guardian, executor, etc., priority over general depositors and other creditors. These trust funds aggregated some $37,000. The record indicates that, if and when these priorities are discharged...
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This is an appeal from a decree awarding a fund in the hands of W.H. York, as administrator of the estate of a war veteran, William Henry Steen, who died in 1918, to T.L. Hatchett, administrator of the estate of James B. Steen, the father of William Henry Steen. The fund involved is a part of the proceeds of a war risk insurance policy, in which policy the father of the veteran, who died in 1920, ...
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delivered the opinion of the Court. This original bill was filed January 14,1935, to recover on a note of $267.50, dated April 7, 1929, payable to complainant, and signed by A. W. Riddell, Lee Bartlett, and A. W. Bartlett. In addition to the signers of the note, Lee Bartlett’s wife, Pearl, and his son, Homer, were made defendants, as was Belle Bartlett, wife of Á. W. Bartlett, and F. L. Capehar...
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This is a petition for habeas corpus which was dismissed by the trial judge, who thus states the case in his memorandum opinion, copied into the record: "The petitioner alleges that he is illegally restrained of his liberty by reason of certain orders made by this court on November 27, 1933, in three separate cases the orders are identical in all three cases and are in the following words: "Came t...
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This is a suit to recover double indemnity on a policy of $200 issued by the defendant in error, on January 10, 1927, on the life of Mitchell Cawthon, husband of plaintiff in error. No beneficiary was named in the policy, but it was provided therein that at the death of the insured the company would pay: ". . . To the executor or administrator of the Insured, unless payment be made under the provi...
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Defendant has for many years owned and conducted "Cantrell's Barber College" in the city of Nashville. He accepted students who desired to learn the barber profession, and charged a tuition fee of $50. It required one year to complete the course of instruction, after which a diploma was granted. Each student, on entering the college, was required to register as an apprentice with the State Board o...
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The bill in this cause was filed in November, 1928, against the executors of the estate of Alexander Young, seeking an accounting and final settlement, the appointment of the clerk and master as receiver, and judgment against the executors for certain allegedly improper disbursements. Pertinent facts are thus recited in the opinion of the Court of Appeals: "Alex Young, a resident of Watertown, Ten...
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Complainant, Johnson Freight Lines, Incorporated, and defendant, Joe Davis, were both engaged in the transportation of freight by truck, and both held certificates of convenience and necessity from the Railroad and Public Utilities Commission of Tennessee. Complainant was authorized to transport freight between Nashville and Chattanooga. Defendant was authorized to transport freight between Nashvi...
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A petition for certiorari and supersedeas to stay the levy of a distress warrant, issued by the commissioner of finance and taxation, on the properties of the Dixie Oil Company, and to have said warrant adjudged null and void, was filed by that company in the chancery court at Nashville. The commissioner and the sheriff entered a motion to dismiss for want of equity on the face of the petition, wh...
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There is no substantial difference between this case and the case of Dancey Fort, Commissioner, et al. v. Dixie OilCompany (Tenn. Sup.), 93 S.W.2d 1260, this day decided. What is therein said is controlling here. Much complaint is made in the briefs about the disproportion between the amount of the tax demanded and the value of Hudson's business. This, however, is not an ad valorem tax, but a priv...
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This case in the main falls under the authority of DanceyFort, Commissioner, et al. v. Dixie Oil Company (Tenn. Sup.),93 S.W.2d 1260, and Dancey Fort, Commissioner, et al. v.Erle Hudson (Tenn. Sup.), 93 S.W.2d 1263, this day decided. The only difference in the present case is that the Hammett Oil Company claims that it is not a dealer or distributor of gasoline and is not liable, therefore, for th...
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In July, 1928, Elizabeth Mayo et al. deeded to "J.O. Swingley, trustee," certain lands, liens being retained to secure payment of deferred purchase-money notes; and in September following Swingley, as trustee and *Page 200 individually, joined by E.T. Noel and wife and W.J. Fitts and wife, conveyed these lands to the Terminal Warehousing Corporation, this grantee expressly assuming payment of the...
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The complainants, members of the Wayne county highway commission, filed a bill challenging chapter 333, Private Acts of 1935, applicable to Wayne county by reference to the federal census. The prayer was for a declaration that the act is unconstitutional, and for an injunction to restrain the state commissioner of highways and public works from exercising the powers conferred by the act. The chanc...
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July 4, 1930, the state department of highways and public works, without notice to Warren county and without a condemnation proceeding, took possession of and appropriated land owned by the plaintiffs for use of a state highway. That was done in the irregular exercise *Page 213 of power under section 5, chapter 74, Pub. Acts 1917, and section 9, chapter 149, Pub. Acts 1919. Those acts empowered t...
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Alfred Daniel Jones, a World War veteran, died intestate in Davidson county, Tennessee, in February, 1933. A judgment had been recovered by him against the United States for $10,000 on a war risk policy, in January, *Page 219 1931, upon the ground that the policy had matured by reason of the fact that he had become totally and permanently insane. In May, 1931, on a writ of inquisition of lunacy, ...
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In these two cases, judgments were recovered in the circuit court against Moore, by Eula Chadwick for personal injuries, and by Mrs. Goldie Knox for damages to her car. The cases are before us on petition for certiorari complaining of the action of the Court of Appeals in holding that the bill of exceptions could not be considered and thereupon affirming the judgments without considering the merit...
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This is a case brought under the Workmen's Compensation Law of Tennessee (Code 1932, sec. 6851 et seq.). The defendant C.H. Sullivan was, on the 9th day of November, 1934, engaged in the business of hauling logs in the state of Tennessee from a point in Tipton county to the city of Memphis. Verble Glass was employed by Sullivan as a truck driver, and it was his duty, under the terms of his employm...
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Plaintiffs in error, at the September, 1934, term of the circuit court of McNairy county, submitted to a charge of assault and battery, and were fined $5, each, and the costs of the case. At the May, 1935, term of said court, plaintiffs in error made a motion in writing to retax the costs, complaining of witness fees and mileage, aggregating $169.52, allowed nine witnesses, on the principal ground...
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This suit was commenced by summons issued on the 3rd day of October, 1935, duly signed by the clerk, in form as follows: "To the Sheriff of Carroll County – Greetings: "You are hereby commanded to summon The Nashville, Chattanooga St. Louis Railway if to be found in your County, to appear before the Judge of our Circuit Court, to be held for the County of Carroll, at the Courthouse in the town of ...
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The plaintiff in error was convicted of obtaining money under false pretenses and given a sentence of three years in the penitentiary. A number of assignments of error have been interposed, but they may all be disposed of under the general contention of the plaintiff in error that the evidence preponderates against the verdict and judgment below. One W.J. Lanier was the owner of a retail grocery i...
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This is an appeal from a decree holding chapter 710 of the Private Acts of 1935, applicable alone to Benton County, void because in violation of section 8 of article 1 and section 8 of article 11 of the State Constitution, which inhibit partial class legislation. By a general law, chapter 45, Public Acts of 1931, 2 cents of the state gasoline tax is set apart as a "County Aid Fund," to be allocate...
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Petitioner Holmes recovered a judgment for $12,471.35 *Page 259 in the trial court, Circuit Judge Bond sitting for the chancellor by interchange, against Elder et al., as sureties on a bond for $20,000 executed in 1927 to secure the payment to petitioner of his deposits in the Gibson County Bank, principal on the bond. The Court of Appeals reversed and dismissed the bill, and this court granted c...
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Plaintiffs in error stand convicted of the murder of Newfrey Graham; their sentence being fixed at death by electrocution. They were tried jointly. Deceased was killed on the early morning of December 25, 1934. On that date, the sheriff had a warrant for the arrest of Polk, on the charge of stealing a pistol belonging to one Thomas. The sheriff found Polk, took a Mauser pistol from his person, and...
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The defendant, Mrs. Weakley, was the owner of a two-story brick building located on Third Avenue, North, in the City of Nashville, which building had become so dilapidated as to be dangerous and a nuisance, as insisted *Page 280 by the city and its building inspector, whereupon, after calling upon Mrs. Weakley to remove the building, and her failure to do so, the city proceeded to raze the same, ...
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The question presented by this appeal is whether or not the income that accrued to complainant as the holder of two bonds, one issued by Bolivar county, Mississippi, and the other by the town of Shelby, Mississippi, is subject to the income tax imposed by section 1090 and subsequent sections of the Code, superseded by chapter 20, Public Acts Second Extra Session of 1931. The chancellor was of the ...
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This case is before us on an appeal in error from an order of the court below dismissing a petition for certiorari to stay a magistrate's judgment and quash execution and garnishment issuing thereupon. On June 20, 1928, the petitioner, Williams, along with others, executed a note, as indorser or joint maker for $187, payable one year from date. The note contained the following provision: "And we d...
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The bill was filed under the Declaratory Judgments Law (Code 1932, sec. 8835 et seq.) to obtain a declaration upon the constitutionality of section 1, chapter 6, Private Acts of 1935, and a purported amendment, chapter 99, Private Acts, Extra Session of 1935. The chancellor declared section 1 of chapter 6 and the act of the extra session void. L.L. Tolley, county trustee, one of the several defend...
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J.F. Hamilton, referred to as the petitioner, sued the town of Shelbyville, referred to as defendant, under the Workmen's Compensation Act (Code 1932, sec. 6851 et seq.). The defendant generally denied liability, specially pleaded that it was not bound by provisions of the Workmen's Compensation Act, was not operating under it at the time of the alleged injury, and further that, if operating under...
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Following an auto collision in Wilson county, C.B. Frazier, a resident of Hamblen county, sued Cotton in a magistrate court in Wilson county for injuries to his car, and while in Lebanon, on April 1, 1936, for the sole purpose of appearing in this suit, Cotton brought suit in the circuit court against Frazier and the Nunn-Bush Weldon Shoe Company, his nonresident corporation employer, for injurie...
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This bill is filed by complainant as the sole heir at law of Mahalia Vanleer, deceased, who died intestate in Davidson county, in 1934, while an inmate of the Davidson County Asylum, an institution maintained by Davidson county. Complainant was the daughter of deceased. The said Mahalia Vanleer was the surviving widow of Reuben Vanleer, deceased, who was a veteran of the Civil War. The case made i...
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Defendants in error were presented by an indictment containing six counts. The first of said counts charged them with selling and tippling one pint of intoxicating *Page 323 liquor as a beverage, on April 21, 1935, to Inspector E.A. Wright; the second count charged them with procuring intoxicating liquor; the third with the reception of intoxicating liquor; the fourth with possession of intoxicat...
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This suit was brought by plaintiff to recover of defendant $741.13, the amount alleged to be due for express charges on goods transported by plaintiff from points in the state of New York to the defendant in Knoxville. There was a judgment for the plaintiff below, affirmed by the Court of Appeals, and we have granted the writ of certiorari. The plaintiff, as its name indicates, is an express compa...
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This suit was brought under the Declaratory Judgments Act (Code 1932, sec. 8835 et seq.) by Crockett county, a committee appointed by the quarterly county court of that county to bring suit, and by certain citizens and taxpayers of the county on behalf of themselves and for the county. The bill named as defendants the commissioner of highways, the comptroller, and the attorney-general of the state...
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delivered the opinion of the Court. 1. This is a suit brought under the Declaratory Judgments Act (Code 1932, see. 8835 et seq.) seeking a construction of the privilege tax provisions of chapter 115, Public Acts 1933. Under section 1 of said act, the carrying on or engaging in the business of the sale, storage, manufacture, or distribution of beer, or other beverages of like alcoholic content, ...
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This suit was brought on the relation of certain teachers in the Hamilton county schools to compel the county authorities to compensate relators according to a salary scale embodied in chapter 620 of the Private Acts of 1935, as amended by chapter 82 of the Private Acts of the Extra Session of 1935. Hamilton county and certain county officials and school officials were named as defendants. Defenda...
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(1) These suits involve the constitutionality of chapter 5, Pub. Acts 1935, Extraordinary Session of the General Assembly of the state of Tennessee, which is entitled: "An Act to provide revenue for the State by the imposition of privilege taxes and to provide ways and means for the collection of such tax." Section 2 of the act is as follows: "That for the privilege of engaging in business in corp...
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This is a bill in equity to reform a fire insurance policy so as to include the wife with the husband in the description *Page 405 or designation of the assured, and to recover for a loss by fire of the building described therein, located on land owned by the husband and wife as tenants by the entirety. The chancellor granted the relief under the special facts appearing. His decree was reversed b...
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Following a street intersection collision between Sherrill's car and one driven by Robert Donnell, an employee of the Standard Company, Sherrill sued for damages to his car in a magistrate's court and obtained judgment against Donnell, Standard Tire Battery Company, and R.O. Darmody, owner of the car Donnell was driving at the time. The circuit court held Donnell and the Standard Company liable, ...
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This is a suit for damages for personal injuries, the plaintiff alleging that on leaving the defendant hospital, after a visit to her husband, who was a patient therein, she fell and fractured her left wrist and hip. It is alleged that the cause of the fall and injury was a floor of white tile construction, and that it was wet and slippery by reason of its construction, and that some foreign subst...
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The appellees, Trotter and wife, owners of property abutting on Main street in the town of Sevierville, obtained a judgment of $1,000 for damages resulting from a change of the grade of Main street opposite their property. The judgment, in affirmance of a report of a jury of view, "holds the City of Sevierville as first liable, and the State secondarily liable, and the suit will be dismissed as to...
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This is a petition for mandamus brought on the relation of the board of educational commissioners of Carter county, seeking an order to require the quarterly county court, the members of which are named as defendants, to adopt a school budget. The petition was filed April 9, 1936, alleging that a proposed school budget had been submitted by the relators to the quarterly county court at its April s...
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From a decree overruling their demurrer, the chancellor granted leave to the defendants to appeal to this court, and here eight errors have been assigned. The bill in substance alleges that in November, 1928, the Quarterly Conference of the Methodist Episcopal Church South passed a resolution authorizing the trustees of St. Paul Methodist Episcopal Church South of Memphis, Tennessee, to borrow $35...
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The W.T. Grant Company operates a department store in Nashville and Mrs. J.K. Tanner was a customer of the concern. Upon leaving the store, passing by the soda water fountain, near the front of the store, Mrs. Tanner sustained a fall, and a hernia resulted from the fall. Plaintiff's declaration averred that pipes conveying water to the soda water fountain and to a gold fish pool nearby were neglig...
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This is a workmen's compensation case in which there was a judgment for the petitioner, and the defendant has appealed in error. Petitioner Hines was injured August 26, 1930, working as a carpenter, remodeling a house in Nashville. He had been in the employ of defendant Moore previous to the accident. Moore denies that Hines was in his (Moore's) employ on this particular job. Whatever the fact as ...
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Petitions to rehear are filed in these cases which present with some further elaboration the same contentions submitted on the hearing. The petitioners continue to insist that the statutory provision permitting them to recover the full amount of a tax illegally exacted of them is not an adequate remedy. As we noted in the original opinions, this court and other courts have quite generally held to ...
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This cause involves the determination of the right of the back tax attorney of Hamilton county to collect a fee of $8,727.44, as the seven per cent. penalty on certain delinquent taxes claimed against property which E.H. Lawman, receiver, is alleged to owe. The taxes, upon which this additional penalty is claimed, were levied on real estate covered by mortgages held in what is called the participa...
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Defendant was taken under a magistrate's warrant charging him with the offense of dynamiting fish. The magistrate undertook to fine defendant $150, and the latter appealed to the circuit court. In the higher tribunal he was tried before the court and a jury, found guilty, and assessed with a fine of $100. From the circuit court judgment defendant has appealed in error to this court. The warrant is...
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This is a suit for damages brought by the son of Gus Lane, who died in November, 1935, in a hospital operated by the city of Knoxville, based on the allegation that after the death of Gus Lane, who was a patient in this hospital, an autopsy was performed on his body without the consent of the family of the deceased. The circuit judge sustained a demurrer of the defendant city of Knoxville and dism...
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On June 7, 1932, the Globe Republic Insurance Company of America issued to Mrs. A.D. Shields a policy of fire insurance to the amount of $1,500, covering a one-story dwelling house located at 222 Price street, Knoxville. The term of the insurance was three years. On June 2, 1931, the Republic Fire Insurance Company issued its policy of fire insurance to Mrs. Floss Shields (being the same person a...
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Here on petition for certiorari to the criminal court of Shelby county, the question presented has invoked most painstaking consideration, because both of its novelty, and the plausibility of the appeal made to the court's sense of practical justice. Petitioner Clark, clerk of the city court of Memphis, was indicted and tried with three others, the city judge and two lawyers, on charges of embezzl...
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The Chancellor sustained a motion to dissolve an injunction in this cause on bill and answer, and dismissed the bill, filed to restrain the defendants, Town of Cookeville, County of Putnam, and State Highway Department, from proceeding with a certain described highway project, indicated by blueprints exhibited. Complainant appeals and insists that the Chancellor erred in (1) dissolving the injunct...
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This is a compensation case brought under the Workmen's Compensation Act of Tennessee. It is averred that the accidental injuries complained of were sustained "on the ____ day of May, 1933," the exact date, as shown in the proof, was May 23, 1933. Suit was brought on April 30, 1935. Defendant, among other defenses, relied on section 6874 of the Code, which is as follows: "The right to compensation...
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The petition was filed upon relation of ten or more citizens of Morgan county to oust defendant from the office of justice of the peace. It was charged that he violated section 1874 of the Code by contracting with the county highway commission, and that he sold merchandise to the county board of education and other departments of the county contrary to the statute, and thereby forfeited the right ...
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In January, 1929, a contract was entered into between the parties to this suit (and others not herein joined) by which the complainants agreed to sell and deliver to defendant all milk produced by herds of milch cows owned by them for a period of five years, defendant to accept and pay for same at 70 cents per butter fat pound. The market price of milk having fallen greatly in the winter of 1931-1...
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delivered the opinion of the Court. Complainants are dealers in automobiles and in connection with their* business display for sale and sell secondhand automobiles taken in trade for new ones. The county court clerk assessed the several complainants with the privilege tax imposed by article 3, section 1, item 9, chapter 13, Public Acts Second Extra Session of 1931, as amended by section 1, ...
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C.H. Pippin died May 20, 1935. The widow's year's support was set apart by the commissioners appointed by the county court June 3, 1935. It is shown by the stipulation that the total value of the goods set apart to the widow was less than $750, and included all the personal property belonging to the estate. Referring to the proceedings in the county court, it was stipulated: "On or about June 3, 1...
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This suit was filed September 6, 1934, against defendant Cooley, just elected circuit court clerk of Rhea county, and the county judge and the county trustee of said county. The bill averred that Cooley was proposing to collect monthly a salary provided for the circuit court clerk of Rhea county by a special act of the Legislature of 1931, and that the other county officials were proposing to pay ...
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The bill in this case was filed on the relation of certain citizens and taxpayers of Morgan county, to oust the defendant, Ben F. Bingham, from the office of justice of the peace. The trial judge dismissed the bill, and the relators appealed to this court and assigned errors. It appears that defendant was elected to the office of justice of the peace of Morgan county at the August election, 1930, ...
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This suit was brought by the conditional vendee of an automobile, retaken and sold by the conditional vendor, to recover from the vendor "that part of the consideration paid to him," under Code, section 7291, on the ground that the vendor, after the retaking, had failed to advertise and sell in accordance with the provisions of Code, section 7287 et seq. There was a judgment for the vendee in the ...
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The complainant, a non compos mentis, through her next friend, filed this bill to impeach, for fraud, a divorce decree which the defendant obtained on October 23, 1934. There was a demurrer by the defendant, on the ground that, under Code, section 9039, an appeal is the only *Page 560 method of reviewing errors in divorce cases. The chancellor overruled this demurrer, but permitted an appeal, whi...
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This is an action brought by Frank R. Scott against the Louisville Nashville Railroad Company to recover damages for the alleged breach of a contract made by him, as agent of the Rex-Jellico Coal Company, covering the sale of 34,500 tons of coal to the railroad company. It was averred in the declaration, in substance, that the railroad company breached the contract by refusing to accept and pay f...
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The trial judge granted the writ of habeas corpus and upon hearing discharged the relator, William Pyne, from the custody of John H. Howe, Sheriff of Hawkins County. The question presented by the respondent's appeal is whether the judgment entered by JUDGE CAMPBELL March 10, 1934, suspending relator's sentence of imprisonment, was legally revoked by the judgment of JUDGE FERGUSON on March 7, 1935....
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These are two suits brought in the chancery court for taxes, in "omnibus bill" form. In both suits, respectively brought in 1928 and 1929, to collect taxes for 1926 and 1927, Fred Reed was named as one of the defendants, but the process issued was not served on him. No alias was issued in the first case. In the second case, alias was issued in 1934, but was not served. July 25, 1935, Reed appeared...
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This suit was tried in the court below upon a written stipulation of facts. It appears that G.W. Long, agent of the R.E. Long estate, recovered a judgment, on September 19, 1935, in the sum of $16.40 and costs, against B.M. Ellison, before a justice of the peace. This judgment was not appealed from. On October 18, 1935, Ellison, in writing, assigned, sold, and conveyed to W.G. Shipe Co. all wages...
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J.C. Page and Charles Barry were indicted for breaking into and entering the business house of Hotel Patten, Inc., a corporation, being the auditor's office of said hotel, with intent to commit a felony, to-wit, a larceny, and of then and there feloniously taking and carrying away $931.73, personal property of Hotel Patten, Inc., a corporation. They were convicted and each given a seven-year sente...
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delivered the opinion of' the Court. The original bill herein sought to recover $2,500 on a fraternal benefit insurance certificate issued by defendant, on March 16,1931, to J. Gr. Shirley, a police officer of the city of Chattanooga. Shirley was shot on Saturday, November 7, 1931, by some unknown person, and died from the effects of his wounds on November 8, 1931. Deceased paid a membership ...
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The feature of these consolidated cases coming before us is an effort of the beneficiaries of a trust fund to follow that fund into the hands of the First State Bank of Erwin and, through that bank, now insolvent, into the hands of the superintendent of banks. The chancellor and the Court of Appeals both decreed in favor of the beneficiaries. Restrictions on the decree of the latter court, however...
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The relator McMinn was found guilty of assault and battery by the city judge in Chattanooga. On the plea of guilty, after hearing proof, relator was fined $50 and committed to the county workhouse to work out the fine and costs. He filed this petition for habeas corpus against the superintendent of the workhouse to procure his release. The trial judge sustained the petition and ordered relator's d...
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This suit was brought to recover damages for breach of contracts of insurance embodied in a policy issued by the defendant below to the plaintiff below. There was a judgment for the plaintiff for the full amount of premiums that had been paid by him, and this judgment was affirmed by the Court of Appeals. This court has granted petitions for certiorari. The contract involved was an industrial poli...
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Plaintiff in error, hereinafter referred to as defendant, was indicted for a violation of the insurance laws by acting as agent and transacting business for the Union Mutual Life Insurance Association, a corporation, without obtaining a certificate of authority from the Department of Insurance and Banking of the State of Tennessee. On the trial of the case, defendant was found guilty, and his puni...
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This bill was filed by collateral heirs of George W. Keys, who died May 23, 1936, against his widow, as a bill of discovery to force the production of a certain paper writing in her possession. The chancellor overruled the demurrer, decreed in favor of the complainants, and the defendant has appealed. The bill recites that "within a few days after the death of George W. Keys, the defendant underto...
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Plaintiff, Helfer, sued to recover total and permanent disability insured against through a policy issued to him by the defendant. Under this policy, if there is liability, the plaintiff is entitled to disability benefits of $100 per month. Plaintiff was induced to apply for such accident insurance through defendant's agent, and applied for his first policy on November 12, 1929. That policy was is...
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This cause is before the court on the appeal of complainant from the decree of the chancellor sustaining defendant's demurrer to the original bill and dismissing the same. Complainant averred in its bill, in substance, that defendant, on September 25, 1934, recovered a judgment against it, in the circuit court of Roane county, in the sum of $6,000; that complainant presented its motion for a new t...
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The bill was filed to enjoin defendant from forcing himself upon the premises of complainant and acting as checkweighman against its protest, thus interfering with the company's mining operations. Rankin claims to have been chosen for this position by a majority of the workers at the mines and asserts that this action was pursuant to a right of selection expressly provided by statute (Code, sectio...
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In January, 1929, A.L. Dean, joined by his wife, Martha, executed a deed to complainants, W.S. Manis and wife, conveying certain real estate in Sullivan county. This deed was recorded in the register's office of Sullivan county on the 17th of September, 1929. On the 1st of December, 1930, an execution was levied on this lot of land, issued under a judgment against the vendor of complainant Manis, ...
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The trial judge sustained a demurrer to a declaration in this suit for personal injuries. The declaration alleged that Howard was a prisoner, convicted of a misdemeanor, who was injured while working out a fine at a rock quarry as the result of the negligence of his boss or guard employed by the municipality. The demurrer denied liability of the City for the alleged negligence because the City was...
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Whaley, as administrator, recovered a judgment of $7,500 for the death of his daughter, struck by a Southern Railway train. The Court of Appeals affirmed, after suggesting a remittitur of $2,500, which was accepted The railway brings this petition, which has been granted and argument heard, and assigns a number of errors, among others that a verdict should have been directed in its favor on the fa...
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The petitioner, alleging the death of her husband was caused by accident arising out of and in the course of the employment, sued his employer for an award under the Compensation Act. The employer denied liability, averring that the employee's death was not by accident arising out of the employment, but the result of a personal difficulty. The employee, Benjamin H. Kinkead, was felled by a blow fr...
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This is a suit to recover on an ordinary life insurance policy in the sum of $2,500, insuring the life of French Laster. Complainant is the widow and beneficiary. The issue submitted to a jury and decided in favor of the complainant was whether or not the policy was in force on July 27, 1932, when the insured died. The defendant company appealed from the decree and the Court of Appeals affirmed. T...
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This is a suit brought under the Workmen's Compensation Act of Tennessee (Code 1932, sec. 6851 et seq.). It appears from the record that defendant Ray S. Reiling is a general contractor engaged in the business of building houses and other like structures. He was engaged by the Home Owners' Loan Corporation to do repair work on the home of Robert Crisp at South Pittsburg, Tenn. A part of the repair...
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