Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1872-01-18

Authorizing parties ueieuuait iil certain
/ actions to sever, and to have the cause
as to themselves, transferred TO the
county of their residence.
Section l.. Be it enacted BY the Gener-
al Assembly of the State of Tennessee,
That in all suits for damages done the
character of any person that may hereaf-
ter be instituted, or that may be now
peading in any of the courts of this State,
each defendant therein if there be more
| than one, at any time before the trial of
the cause and final judgment therein, shall
have the right upon motion made in per-
son or by attorney, to sever, and have the
suit as to himself separately tried, and the
causes after such severance shall stand
/ against each defendant in all respects in
the same condition as if originally insti
tuted separately and alone against him or
them, and without regard to the proceed
| ings that may have been had in the cause
before severance Zach defendant after
severance shall be entitled to make his
defense anew upon all grounds by answer,
motion, plea or demurrer.
Sec. 2. Be it further enacted, That in
all causes now pending or that may be
hereafter instituted in any of the courts of
this State, wherein any one or more OF
the defendants thereto shall avail them
selves of the right to sever as provided in
the 1st section of this act, then in that
event any defendant SO severiDg, who may
have been at the commencement of the
suit resident of any other county of
the State than the one wherein said suit is
pending. and who may have been made
party thereto by service of original or
counterpart summons, or otherwise, shall
be entitled to have the cause as to himself
removed to the county of his residence.
| The transfer and removal shall be ordered
by the court upon the written application
of the party desiring it, which shall be
presented by attorney in open court. The
said application shall set forth the name
of tie county wherein the petitioner re-
! sides, and shall ask for the removal of said
cause as to himself to like court of said
county; then to be proceeded with as if
originally instituted there.
Said application may be sworn to be-
fore the clerk of any county, or before
any officer empowered under the law to
administer oaths.
| Sec. 3. Be it futher enacted, That i'm
mcdiately upon the order for removal be
ing pronounced, as provided i'll the second
section of this act, the Clerk Of the Court
wherein said cause is pending shall make
out perfect transcript of said cause, in
Guiding the process. pleadings, proof, or
ders and other proceedings, 50 far as the
same relates to the petition, and transmit
the same to the court of the county of the
! petitioners residence, for which the clerk
| shall receive the same compensation allow
| ed him for transcripts for the Supreme
Court, and which shall in all cases be paid
by the petitioner.
See. 4. BE it further enacted, That
| should the court in which the suit is pend
| ing fail or refuse to make the order for
| the transfer of the cause as aforesaid up
on the application of any party as herein
| provided, then in such case the petitioner
shall be entitled to appeal to the Supreme
/ Court of the State, and without con-
firnation of the action of the inferior
court in refusing to transfer said cause by
the superior court. all subsequent action
of such Inferior court shall be absolutely
null and void.
Sec. 3. Be it further enacted, That the
benefits of this act shall apply to and have
full force and effect in all suits for DANA
ges done the character of any individual
where there is only one defendant, so far
as said act applies to the removal of causes
to the county of defendants residence,
! and in all such causes now pending or that
may hereafter be brought against any
person in a county not of his residence,
such person or defendant, shall be entitled
| in the same manner aud with all the
rights and privileges specified and granted
herein to defendants where severance
occurs to have said cause removed to the
county of his residence, and there tried as
if originally instituted in such county.
Sec 6. BE it further enncted, That this
act take effect from and after its passage,
the public welfare requiring it.
Passed December IL. 1871.
JAMES ID. RICHARDSON,
Speaker Of the House of Representatives.
JOIN G. NAUGuN,
Speaker of the Senate.
Received at Executive Office December
IA, 1871, and approved Dec. IA, 1871.
JOHN c.. BRowN, Governor.
certify that the above is. true copy
of the original now on file in my Office.
Z. II. BUTLER. Secretary of State.