Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-07-13
TENNESSEE.
IN act to establisb The law Court Of Nashville.

An act to establish the Law Court of Nashville.
| Section 1. Be itenacted by the General
Assembly of the State of Tennessee, That
court to be styled "The Law Court of
Nashville, be, and the sane is hereby
created and established, to be held-in the
city Of Nashville, and to have concurrent
jurisdiction with the Circuit Court of
| Davidson county. -ges- =, T.
Sec. 2. Be it further enacted, That the
i parties may at their election bring suits of
a common law character, either in this
courtor the Circuit Court of Davidson coun-
ty, and persons taking an appeal fromfhe
| 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 Justices to forward the pa
pers to the Court to which the appeal is
prayed, and to require an appeal bond to
be executed as is now required by law.
Sec. 8. Be it further enacted, That il
shall be competent for the parties to
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 of records, of the parties being
filed with the clerk of the court where the
suit is pending, it shall be the duty of the
clerk of the court to which the transfer
is to be made, all the original papers, pro-
cess and dispositions in the case, together
with a certified copy of the agreement
transferring the cause, and the court to
which such transfer is made, shall have
all the powers over the case that it would
have had, had the suit been brought in
that court originally. 5te asa,1
Sec. 4. Be it further enacted, That said
law court of Nashville shall hold stated
term, commencing on the first Mondays
in each and every month. All process
shall be tested as heretofore, and where
the original processis executed more than
twenty days before the first day of the
term to which it is returnable, the plaintiff
shall file his declaration within the three
first DAYS; the defendant shall appear and
demur or plead within the first two days
after the time allowed for filing the decla- |
ration, and the plaintiff and defendant
shall within the first two days after such |
subsequent steps taken by the other in
making up an issue, demur or plead there
to, on penalty of having the suit dismissed |
or judgment taken by default, according |
as the failure is by the plaintiff or de-
PENDANT. As soon as the issue is made up, |
it shall be the duty of the Clerk to trans |
fer the cause to the trial docket, and it |
shall stand for trial, and Judgment may
be rendered at the same term. If not ex- |
ecuted more than twenty DAYS before the /
return day, then said first term shall be |
the appearance term, and the next sue
ceeding term the trial term for said |
cause.
Sec. 8. Be it further enacted, That ap-
peals, appeals in the nature of a writ of
error, and writs of error may lie from the
final judgment of the court established by
TINS act In the same manner, and upon the
same terms, as they now lie from the
Circuit Courts of this State but if the ap-
peals, or appeals in error, is not PRAYED
and granted within thirty days after the
rendition of Judgment the right of such
appeal shall be barred, and the Clerk shall
forthwith issue an execution, or take such
other steps as may be necessary to exc
cute the judgment of the court.
Sec. 6. Be it further enacted, That
Hrits of execution and other final pro-
cess, shall issue al the end of each term |
md be made returnable in thirty DAYS
rom the date of their issuance, and the
Jerk is authorized to issue alias writs of |
Teri facias and writs of yenditioni
,xponas, returnable in like manner in
hirty days whenever the same may be |
necessary; and whenever the Sheriff or
'ther officer bound to execute said writs,
hall fail to return the same at the pro-
yer time, the Clerk shall note
he fact on the execution docket, and
aid officer and his official sureties shall
'e liable to all motions and other pro-
,eedings for failing to return said writs,
or making false or insufficient returns or
or failing to pay over the money collect
d thereon that he is subject to for SINH
ar defaults in the Circuit Courts of this
State.
Sec. z. Be it further enacted, That ]
here shall be elected by the qualified !
7oters of Davidson county at the ensuing
Judicial election, one Judge for said law
,ourt of Nashville, who shall hold his G
Dfice for the same term, shall receive the
anne salary and have the same powers as !
he Circuit Judges OF this State, and may a
with any of the Circuit
Judges and Chancellors in the State.
Sec. s. Be it further enacted, That | e
he Clerk of the Circuit Court of David
on county shall also be Clerk of the
jOurt created by this act but he shall s
leep separate books, give separate bonds, !
md in all respects keep the business of 5
he Courts separate.
Sec. Q. Be it further enacted, That the
Judge of said Court shall, when requested a
y either party to suit, issue a venire
or twelve jurors to try said cause. If no
UGH request is made the Judge of said
Jourt shall try the cause pending in said !
Jourt, but all causes shall be tried by the h
Judge of said Court unless either party
o the suit shall insist upon jury trial. {
Sec. 10. Be it further enacted, That 7
he County Court of said county shall !
'rovide suitable rooms, necessary conve- I
fences and appurtenances for holding
he Court established by this act and for s
he use of its Clerk; and it shall be the !
uty of the Sheriff of said county, or of
l1ph pareou nc tho Tudre NAV annoipt fo |