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Trentham v. Eakin

Supreme Court of Tennessee, at Knoxville, September Term, 1949. May Session, 1950
Jun 9, 1950
230 S.W.2d 985 (Tenn. 1950)

Opinion

Opinion filed June 9, 1950.

OFFICERS.

Where only ground for relief sought by bill against defendant was against defendant in his official capacity and it was admitted that defendant had retired from office and was no longer acting in his official capacity, there was no defendant for or against whom a decree could be entered and defendant was entitled to order of dismissal.

FROM SEVIER.

ELIZABETH DUDLEY, of Washington, D.C., OTTO T. AULT, of Chattanooga, FERDINAND POWELL, JR., and JAMES M. MEEK, both of Knoxville, for appellants.

R.L. OGLE, of Sevierville, for appellee.

Pharis Trentham and others brought an action against J. Ross Eakin, Superintendent of the Great Smoky Mountains National Park, and others, in the Chancery Court, Sevier County, A.E. MITCHELL, Chancellor. After the death of J. Ross Eakin, the bill was revived against his successor, J. Blair Ross, by scire facias, but Ross was sued only as superintendent of the Great Smoky Mountains National Park. On appeal by defendant Ross, the Supreme Court, GAILOR, J., held that since the only grounds for relief sought by the bill were against Ross in his official capacity, it was admitted in argument that Ross had retired from office and was no longer acting in his official capacity, and no attempt had been made to revive the cause or substitute any defendant for Ross, there was no defendant for or against whom decree could be rendered, and therefore Ross was entitled, on his motion, to have the cause remanded for an order of dismissal.

Remanded with directions.


This case has been incorrectly docketed. It should be styled, "J. Ross Eakin, Superintendent et al., Appellants, -vs- Pharis Trentham, et al., Appellees." The original bill in this cause was filed against J. Ross Eakin as Superintendent of the Great Smoky Mountains National Park, and after Defendant J. Ross Eakin died on June 8, 1946, by scire facias, the bill was revived against the successor of Eakin, J. Blair Ross, who was sued only as Superintendent of the Great Smoky Mountains National Park. As the record is presented to us on this appeal, the only Defendant is Blair Ross, and it was admitted in argument that on February 1, 1950, Blair Ross retired from office as Superintendent of the Great Smoky Mountains National Park, and no successor has yet been appointed, nor in this suit, has any attempt been made to revive the cause or substitute any Defendant for Blair Ross. Since the only grounds for relief sought by the bill are against Ross in his official capacity, and since he has retired from office and is no longer acting in his official capacity, it results that there is now no Defendant, for or against whom a decree could be rendered by this Court. The motion of the Appellants to remand the case for an order of dismissal is, accordingly granted, and the cause is remanded to permit the entry of an order of dismissal in accordance with this memorandum.

All concur.


Summaries of

Trentham v. Eakin

Supreme Court of Tennessee, at Knoxville, September Term, 1949. May Session, 1950
Jun 9, 1950
230 S.W.2d 985 (Tenn. 1950)
Case details for

Trentham v. Eakin

Case Details

Full title:TRENTHAM et al. v. EAKIN et al

Court:Supreme Court of Tennessee, at Knoxville, September Term, 1949. May Session, 1950

Date published: Jun 9, 1950

Citations

230 S.W.2d 985 (Tenn. 1950)
230 S.W.2d 985