Opinion
December 1808.
A cause brought up by certiorari stands open to exception, by motion or rule to dismiss, at the first term, and for trial at the next. [Acc. Stuart v. Hall, 2 Tenn. 179; Dwiggins v. Robertson, 1 Tenn. 81; Beck v. Knabb, 1 Tenn. 55, and cases there cited.]
Certiorari. — The clerk had put this suit on the trial docket.
Certioraris are not triable at the first term, but stand open to exception. If none be taken they stand for trial at the next term of course. The exception is taken by a motion or rule to dismiss, which is made either on the rule day or in the morning upon the meeting of the Court on any day during the term.