Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-06-30
THE COMMON LAW COURT OF
NASHVILLE.

NASHVILLE.
The following is the bill which passed
its last reading yesterday establishing a
law court in this city:
Section L. BE il enacted by the Genera
Assembly of the State OF Tennessee, That
q court to be styled the Common Law
Court of Nashville, !" is hereby established,
to be held in the city of Nashville, and to
have concurrent jurisdiction with the
Circuit Court of Davidson county.
Sec. 2. Be it further enacted, That
parties may, at their election, bring suits
of q common law character, either in
this court or the Circuit Court of David
son County; and any person taking an
appeal from the judgment of any Justice
of the Peace of said county, may appeal
to either of said courts as he may elect,
and it shall be the duty of the Justice to
forward the papers to the court to which
the appeal is prayed, and to require an
appeal bond to be executed, as is now re-
quired by law. n
Sec. 8. Belt further enacted, That il
shall be competent for the parties to q suit
in either of said courts by consent to have
it transferred and tried in the other, and
upon the written consent of the attorneys
being filed with the clerk of the court
where the suit is pending, it shall be the
duty of the clerk of that court TO trans
NIT to the clerk of the court to which the
transfer is to be made record of the
original papers, processes, and dispositions
in the cause, together with a certified
copy of the agreement. And the court
to which such transfer is made shall have
all the power In the case that it would
have possessed, had the suit been brought
In that court originally. II
Sec. 4. Be it further enacted, That
said Law Court of Nashville shall hold
stated term, commencing on the first Mon
day IN each and every month. All pro-
cess shall be tested as heretofore, and
where the original process is executed
more than twenty days before the first
day of the term to which it is returnable,
the plaintiff shall file his declaration with
in the three first days. The defendant
shall appear and demur or plead, within
the first two days after the time aIlowe6g
for filing the declaration, and the plaintiff
and defendant shall within the first two
days after each subsequent step taken by
the other in making up an issue, delnur
or plead thereto, on penalty of having the
suit dismissed or judgment taken by de-
fault, according as the failure is by the
plaintiff or defendant And as soon as
the issue is made up, it shall be the duty
of the clerk to transfer the same to the
trial docket, and it shall stand for trial,
and judgment may be rendered at the
same term. If not executed more than
twenty days before the return day, then
said first term shall be the appearance
term, and the next succeeding term the
trial term for said cause.
Sec. 5. Be 1t further enacted, That sp-
peals, appeals in the nature of writ of
error, may lie from the final judgments of
the court established by this actiu the same
manner and upon the same terms as they
now lie from the Circuit Courts of this
State, but if the appeal or appeal in error
is not prayed and granted within thirty
days after the rendition of the judgment,
the right of such appeal shall be barred,
and the clerk shall forthwith issue an ex-
ecution, or take saoh other steps as may
be necessary to execute the judgment Of
the court.
Sec. 6. Be it further enacted, That
writs of execution and other final process
shall issue at the end OF each term, and
be made returnsble in thirty days from
their issuance.
Sec. 7. Be it further enacted, That
there shall be elected by the qualified
voters of Davidson county, at the ensuing
judicial election, one Judge for said Law
Court of Nashville, who shall hold his
Office for the same term, shall receive the
same salary, and have the same powers
as the Circuit Judges of this State, and
may interchange with any of the Circuit
Judges and Chancellors in the State.
Sec. 8. The Clerk of the Circuit Court
of Davidson county shall perform the du-
ties of clerk of this court.
Sec. 9. The law shall take effect from
and after its passage.