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Shaw, Assignee, v. Bowen and Terry

Superior Court for Law and Equity, Winchester District
Oct 1, 1808
1 Tenn. 334 (Tenn. Ch. 1808)

Opinion

October 1808.

The Act of 1807, 81, 3, authorizing a judgment, on motion, against the principal in a writ of error and his sureties, where before scire facias was necessary, is not retrospective.


[ S. C., ante, 249.]


In this case POWELL, J., agreed with the opinion formerly delivered by OVERTON, J. HUMPHREYS, J., dubitatur. See the case ante.

Another question came before the Court, — this was a writ of error upon which security was given before the passage of the Act of 1807, c. 81, § 3. This act directs that the Court shall enter up judgment against the principal and security, for twelve and one-half per cent interest. A motion was made against the principal and security.


This cannot be allowed, as before the passage of the act the Court could not give judgment against the security upon a writ of error, without sci. fa. This act cannot have a retrospective operation.


Summaries of

Shaw, Assignee, v. Bowen and Terry

Superior Court for Law and Equity, Winchester District
Oct 1, 1808
1 Tenn. 334 (Tenn. Ch. 1808)
Case details for

Shaw, Assignee, v. Bowen and Terry

Case Details

Full title:SHAW, ASSIGNEE, v. BOWEN AND TERRY

Court:Superior Court for Law and Equity, Winchester District

Date published: Oct 1, 1808

Citations

1 Tenn. 334 (Tenn. Ch. 1808)

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