Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 106

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 106

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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. 1901 edition. Excerpt: ...that in Section 2 the same duplex nature of subjects ap pears, to wit, the dismissal of suits then pend ing and the dismissal of suits thereafter to be brought. The Court of Chancery Appeals was also of opinion the term "such suit," used in Section 2 of the Act, is ambiguous, and may refer to either of the classes of suits theretofore mentioned in the title and in Section 1 of the Act. It is further said by that Court that the cases specified in the sections of the Act cannot be treated as subheads or subclasses covered by the general language of the title or caption. We are of opinion the Court of Chancery Appeals is in error in its View of the Act, and that the Chancellor was correct. We think that the title and body of the Act embraces only one general subject, which is expressed in the title, and the details and means by I which the purpose is to be effected are left to the provisions of the Act, and that neither the title nor Act embraces distinct and incongruous subjects. The Act is intended to cover a period of time from 1881 to July 25, 1895, when such litigation tax was in force, and to release and relinguish all clai.m of the State against. such municipalities as had in the designated cases failed to assess and pay over to the State a tax imposed by statute in such cases, through the oversight or omission of the municipal authorities to assess such tax. In furtherance of this general object the Act provides for the dismissal of suits then pending for such tax, and prohibits the bringing of any other suits for the same purpose. The term "such suits," as used in the Act, refers to any suits pending or to be brought for the general purpose indicated--to wit, the collection of such tax. It is perhaps more

Product details

  • Paperback | 166 pages
  • 189 x 246 x 9mm | 308g
  • United States
  • English
  • black & white illustrations
  • 123696151X
  • 9781236961518