Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-06-10
DECISIONS OF THE SUPREME COUr
Brownsville. Tennessee, April, 1855.
rHoAAs ;. ooL0vErI, ATTORNEY GENERAL Asp ,''s,u
|. v PHILLIPS, Administrator Of DAVID BEAVER +.
rar..d "a IOSHrA HOFEMAN II al

A. Y. PHILLIPS. Administrator Of DAVID BEAVER 4.
ceased, vs. JOSHUA HoFFMAN, IT Al.
This Is an application to the County Court Of Carroll m
~ under the insovent laws, BY the Admlntrsiar Of D
Beaver deceased, 70 sell the lands Of which his nts
seized and possessed for the purpose Of paying The %
The Prior the application, Which BY psl.,
the plaintiff shows that no had suggested tho iuOR
the estate and that the assets did not exceed tho
thousand dollars.
The proceedings IN the County Court whom viewed le
light OF tnsovent laws, appear 20 Do 10 many spar
regular and in consequences Of the supposed irrssus
tho guardian ad lilam Of the minos defendants Sled iss
rer to the ,plsinths supplemental and amended psu
which was allowed BY the Court and the petition lsust
and thu plaintiff appealed to this Court
Without noticing for the present the grounds Of tie
rer there Is preliminary question which must hrsf ss
NINE and shat is whether not appeal 10 this
directly % this Court
The Code provides 8 3I47, thai Any person disssiI
with the judgment sentence decree Of the Comfy Ca
may pray an appeal 70 the Circuit Court o Tho oo9af
lsss 10 is otherwise expressly provided By th Code"
The section immediately following the above ras
provides that "In All cases in which The jurisdiction Of De
County Court Is concerned with the Circuit Chas;1
Court or in which both parties consent the sPPsal M %
to the Supreme Court"
only two cases IN which appeals lie directly iros h
County to the Supreme Court. Is Whom TIE llritt5.
Gerry Court and I'd, Where the Jurisdiction colaf
with the Circuit ChanoeTy Courts, when both parlB
sent 20 an appeal directly TO ths supreme Corn.
10 the hrst casa It would that tho appellant hs b,
election either 70 appeal 20 the Creuit Supreme Cour az
the second he is bound appeal tht The Circuit Cou
unless the adverse party consents.
Section Sl12 provides that an appeal 10 the nature o.
Trt OF orror lies ~ the instance Of sa0r party ZEN adf
DEGREES or the Court Of Cha1csry on the C0ua o.
Circuit Court In equity % al ted eeordnE
the forms Of Chanoory, npon the sans orna aud subject
the same regulations appeal from similar ludgmsah
and decFtes and IN al other cases. Code 63I3, deter
mined in the County Court, Ehsn either party dssal
With tho final dseison, appeal % The nature o. "a
may DO taken By him 20 The Circuit Court - al, -.
ties consuming, 20 the suprrmo Court"
The Statute requires comment 10 langy IL i.i, A.,
ambiguous, and the Only inquiry = tails y . T. 100,
tals within o. her q the eatescrss "a IL an rp,s Ia
directly 70 this Court 'Nl1n 81 'fF
II is not pretended tAAt tha consS- . - a., -,.4
20 The appeal TO tRis Court $500, r5s1 4. ~ =,
ons In which TIA iurisdioiob - 80 r. T-t ssB--
rent.Etth ihs Circuit or CO. N 80 ~ !,
pssIlay 70 ths Circrgs - hcsTy IouItsi OF II 90.
bavs ',',s - - . d not 70 the Supreme Court.
insoiys1, n. ~. =. Jcssding application ubds; .
Us aws y 80 the lAnds Of ths deesdsnt 10 pay dI
o. -, si - Of the estate shown IN the psiiii
S9, attsr providing for the equal division Of iar
. oos among All the creditors Of every grade asslsF
To carry this principle into executes exclusive
- oozisrred the Comfy Court the adnis
9h o. All insolvent estates 0xcssdng value Of 5
20 doaTls and concurrent Jurisdiction With The elts
Gerry Court Of al other sstatss %
Jufsaiction here given 70 the County Courts
estates not exceeding IL value thouIend dsn
sAeiusVs and concurrent with the ChsnctFy Court 81
al other estAtsE Whsihsr this Is wise provision Of hg
pot Ior rs 70 dssInine Such Is angusgs Ans " ar
bound 20 enforce 70.
~ ioHoWa, therefore, q corollary that the IaFita
o. me county Court 20 the under sti
I've ana no appeal from the action OF tho County tsgr
diTDeeuy o this Court, but 70 tbs Circuit Court.
Dismiss the appeal. hfILLIGAN. Jstr