Davidson v. Burger

1 Citing case

  1. Schwab v. Int'l Ass'n of Bridge, Loc. 782

    482 S.W.2d 143 (Tenn. Ct. App. 1972)   Cited 7 times

    That record does not belong to either party, but is equally available to both parties, whether on appeal in error or on writ of error. Waller v. Skeleton (1948) 31 Tenn. App. 103, 212 S.W.2d 690; Davidson v. Burger (1952) 36 Tenn. App. 486, 259 S.W.2d 541. The plaintiff can therefore assign errors on his appeal in error based upon the bill of exceptions filed. The plaintiff's attorney, Mr. Sabella, filed an affidavit in this Court that he was associated by attorney John Hart of Union City, who is now deceased; that attorney J. Howell Glover of Union City replaced Mr. Hart, and through a misunderstanding between Mr. Glover and Mr. Sabella as to which would file the assignments of error, the time for filing was inadvertently allowed to expire.