A Compilation of the Statute Laws of the State of Tennessee; Of a General and Permanent Nature, Compiled on the Basis of the Code of Tennessee, with Notes and References, Including Acts of Session of 1870-71 Volume 2

A Compilation of the Statute Laws of the State of Tennessee; Of a General and Permanent Nature, Compiled on the Basis of the Code of Tennessee, with Notes and References, Including Acts of Session of 1870-71 Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...settled practice sceifi to be that the refusal to allow the party to give security after the cause has been dismissed for failure to comply with the rule, (although a stringent practice and one to be disoouruged, ) will not constitute error for which the Supreme Court will reverse; yet if the security be tendered before final judgment upon the rule, the court has no discretion to refuse it. Bcttis v. Mansfield, ll Humph. 604, 606.; -'3;-an 3192. Except for false imprisonment, malicious prosecution i"--''-and slanderous words, any person may commence an action without give security as above required, by taking and subscribing the following opth in writing: . " I, A. B., do solemnly swear, that owing to my poverty I am not able to bear the expenses of the action which I am 7 about to commence, and that I am justly entitled to the re For a history of our law on this subject, see 2 Meigs' Digest, I 1515; 4 King's Digest, Qfi 9938-9940; Andrews v. Page, 2 Heisk. 684; Phillips v. Rudle, 1 Yerg. 121; Brumley v. Hayworth, 3 Yerg. 421; Barber v. Denning, 4 Sneed, 267. The right to sue in for-ma. paztpcris was held to exist before the above statute. Dudley v. Balch, 4 Huyw. 193. And hns been much favored by our courts since. Sec Andrews v. Page, 2 Hcisk. 684; Ileatherly v. Bridges, 1 Heisk. 220, 222; Morris v. Smith, 11 Humph. 133. And has been extended by construction, so that a party may prosecute an appeal in forma paupcria. Phillips v. Rudle, 1 Yerg. 121, 124; Brumley v. Hayworth, 8 Yerg. 421, 423; Oneal v. State, 2 Sneed, 215; Davis v. Dyer, 5 Sneed, 679; 2 Heisk. 222; Morgan v. Hannah, 1 Thomp. Cas. 44; Herd v. Dew, 9 Humph. 865. Butin one ease it was held that the pauper oath, substituted for the appeal bond, must...show more

Product details

  • Paperback
  • 189 x 246 x 20mm | 689g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236894162
  • 9781236894168