Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-04-21
LAWS OF TENNESSEE.
IoFFIcIAL PUBLIcArION.]

AN ACT
To prevent orcu Of Action enable Courts Of Law TO
do justice, and TO costs to parties ltgant-
SEC. /. Be it enacted by the General Assembly Of
the State Of Tennessee That in all actions hereaf-
ter brought on contracts concerning personal PROF.
perry, or services, the defendant deiendaDts, or
any one or more of them, who, according to law,
would be entitled 20 recover against the plaintiff IN
cross action for any matter or thing arising out
OF the same contract, may plead, aud give IN evi
dence such matter or thing, aud the verdict shall
os the right may appear; and such verdict shall
state separately any amount allowed TO any OF the
parties and such AMI so many judgments, joint,
separate and cross may be rendered, or one amount
allowed to set off against another, and judgment
rendered for a residue as NAV be necessary 10 the
rights Of the parties any of them; and the court
shall give judgment and award execution IN favor
OF any defendant or defendants found entitled to
any amount or balance against plaintiff found liable
therefor.
SEC Be il enacted. That where the action OF
the plaintiff Is upon a note, BILL bond, covenant, or
other security given by the defendant, or deten--
dants or any one or more OF them, to plaintiff, the
consideration whereof arises out OF a contract con
Corning personal property or service, such deten-
dsnt or defendants, or any one or more OF them,
NAV plead, give IN evidence, aud have allowed him
or them any matter thing arising out Of such
contract, in the same manner; and the form OF the
verdict and Judgment ana reuress 70 any aud either
of the parties shall be the same as If such secu
rity had been given, and the action had been
brought on the consideration for which said secus
rity given.
SEC. g. Be il enacted, That when the plaintiff is
the assignee of such note bill bond, covenant, or
other security which has been assigned, and the
same is according 10 law, subject to the equities
that attached between the original parties, that the
matter thing arising out OF such contract which
would enttle such defendant defendants to main.
tain a cross action against the assignor of such
curty, may be pleaded and given in evidence, and
allowed, or them, in bar abatement Of the plain
tiff recovery; and any excess lin case of an excess)
found for such defendant or defendants against such
assignor, NAV be made available to such defendant
or defendants in a suit between him, them, and
such sssignor.
SEC. 4 Be it enacted That this act shall apply
to suits before justices of the peace as we'll as to
all other courts aud when the trial is without jury
the judgment shall embrace and set forth the mat
tiers of both verdict and judgment; and whenever
it may appear to the court the trial by jury or
otherwise, or in some satisfactory way before said
trial, that the matters in dispute of compiled
ted account the court shall in its discretion, direct
a reference to a commissioner or the Clerk 10 report
upon the same, in the same manner is practiced
in Chancery allowing TO either party to require or
the TO direct trial by jury, OF any matter Of
disputed fact arising upon such report, TO the same
extent the same is, by law, allowed in the Chan
Gerry Court.
NELL 5 BROWN,
Speaker OF the House of Representatives
EDWARD S. CHEATHAM,
Speaker OF the Senate
Passed F. bruarv 25 1856.