The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1872-01-25

Of thclrr',idcncc.
Section !. BE it enacted by the
General Assembly Of the State Of
Tennessee, That in all suits for
damages done the character Of any
person that may hereafter be lnsti.
tutcl, or that may be now pending
in any Of the courts Of this State,
each defendant therein if there be
more than one, at any time before
the ial Of the cause and final judg-
mcnt therein, shall have the right
upon motion made in person or by
attot ncy, to sever, and have the suit
as tb himself separately tried, and
the pcauscs after such severance
sha."r'*tand against each defendant
in al" respects in the same condi-
ton a$'f originally instituted separ-
atct md alone against him or them,
and Without regard TO the proceed
ings that may have been had in the
cause before severance. Each de.
PENDANT after severance shall be en-.
titled to make his defence anew
upon all grounds by answer, motion,
plea or demurrer
Sec. .. 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 themselves Of
the right to sever as provided in the
lst section Of this act, in that event
any defendant so severing, who
may have been at the commence
mcnt Of the suit n resident Of any
other county Of this State than the
one wherein said suit is pending,
and who may have been made a
party thereto by service Of original
or counterpart summons, or other
wise. shall be entitled to have the
cause as TO himself removed to the
county Of his residence. The trans
fer and removal shall be ordered by
the court upon the written applica-
ton Of the party desiring it, which
shall be presented by attorney in
open court. The said application
shall set forth the name Of the coun-
ty wherein the pctitioncrresidcs, and
shall ask for removal Of said cause
as to himsclfto like court Of said
county, then to be proceeded with
as if originally instituted there.
Said application may be sworn to
before the clerk of any county, or
before any officer empowered under
the law TO administer oaths.
Soc. 3. BE it further enacted, That
Immediately upon the order for re-
moyaI being pronounced, rs proyld-
cd in the second section Of this act,
the Clerk ofthc Court wherein said
cause is pending shall make out a
perfect transcript Of said cause, in
Guiding the process, pIeadings,
proof, orders and other proceedings,
80 far as the same relates to the pc
titioncr, and transmit the same tothc
court OF the county of the petition
er's residence. for which the clerk
shall receive the same compcnsa-
ton allowed him for transcripts for
the Supreme Court, and which shall
in all cases be paid by the petit
toner.
Sec. 4. Be il further enacted, That
should the court in which the suit
is pending fail or refuse to make the
order for the tan,ier of the cause as
aforesaid upon 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
confirmation OF the action Of the in
ferim 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. ). BE it further enacted, That
the benefits Of this act shall apply to
and have full force and effect in all
suits for damages done the charact-
ter of any individual where there
is only one defendant, 50 far as said
act applies to the removal of causes
TO the county of defendants resi-
lcncc. and in all such causes now
pending or that may hereafter be
brought against any person in a
county not of his residence, suck
person or defendant shall be emit
tied in the same manner and with
all the rights and privileges sptcit-
ed and granted herein to defend
ants where severance occurs to
have said cause removed 10 the
: county Of his residence, and there
tried as iiorginally instituted in such
F. county.
Sec. 6. BE it further enacted,
That this act take effect from and
after its passage, the public welfare
e. requiring it.
Passed Dec. II, 1871.
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