Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-12-23

AN ACT to establish intermediate Courts of Ap-
peal, to BE known as the superior Court of the
State OF Tennessee.
SECTION 1. Be IL enacted 6y the General Assenablv
ofthe State Of Tennessee That intermediate courts
Of appeal. for grand division of the state
Superior Courts Of the State IL fennesssh RseS
OF said courts shall be composed of three judges
each OF The grand divisions Of The State. respect
ivey and said judges shall hold Office for The term
Monday in June, 1885, and thereafter every eight
years. Each of said judges shall be at least thirty
been before his election, a resident of the State
for Eve years and resident of the grand division
shall be commissioned By the eoyefnor Quality a.
now prescribed by law for the judges OF the SUI
preme Court, and receive an annual salary of
5000. payable of the treasury Of the state in
tne same manner the other judges of the State are
sec. q Be it further enacted That in the event of
sickness, ineompetency OF any one or more of said
judges. or of vacancy in Office caused by death
person, OF the Qualification prescribed. who shall
until the next general August election following.
at which election the vacancy for the unexpired
term snail be filed by the qualified voters here
fnbetore prescribed, and the judges SO appointed
or elected shall receive pro trnto the same compen-
sation as the other judges, and shall be paid in
Sec. 3. Be q further enacted, That each of sale
courts shall hold three terms per annum The
nr&t term snail De held on the first Monday OF Sep
tember 1883, and thereafter on the first Mondays
In January, April aud October, at Nashville.
4 y.
| shall be held in the same room used by the Su-
preme Court, when not occupied by that court,
and when SO occupied. shall be held in any suit
1 able room in the courthouse or capitol assigned
| for such purposes The said courts may sit upon
| their own adiournments and conduct their bust
ness, ana be governed by the same rules audtegu-
| lations now prescribed for the sBprenle Court
Sec. 4 Be Il further enacted That the clerks oil
the supreme Court, in each grand division of the
State shall be clerks of the superior courts in the
respective grand divisions, and ssio clerks shall
berequred to give bonds for the faithful discharge
of the duties of the office now required aS clerks
of the supreme Court, and shall receive the same
| compensation as now allowed to them as Supreme
| Court clerks.
| see 5. Bet further enacted, That said superior
courts may appoint officers and porters to attend
and the sexpenses of such courts shall be paid In
/ Court
4 Sec. 6. Bet further enacted That by consent o
parties regularly entered upon the minutes of thu
lower courts, appeals. or wIits of error. may b,
taken to any one of the superior courts, and sucl
sd Sned so Ale pr sep o hy s5c5 M 1f
court, in the same status as though appealed o
| taken TO the Supreme Court of It's own prope
Sec. z. Be II further enacted, That said superio
courts, in their respective divisions, shall hay
appellate jurisdiction only of all equity causes
the inferior courts of this State in which the PSF
ties are entitled to appeal on writ of error to tn
Supreme Court for rendering by that court o
| the facts and as to such causes said superio
courts shall possess the same jurisdiction as is nov
| conferred upon the Supreme Court
Sec. s. Be Il further enacted, That all equit
causes as aforesaid in the inferior courts of thi
i
to the Supreme Court by appeal writ of error TO
rehearing of the facis as well as of the law, shal
after the passage of this act be no longer taken
| the Supreme Court but TO said superior courts 4
| the same mode and manner, and subject to tn
such appeals or writs of error to take the cause
| the Supreme Court and the same Jurisdiction owe
| such cases Is hereby conferred upon said superio
courts, is now conferred upon the suprem
| Court, and from and after the passage OF thi
such causes to the supreme Court directly frol
said inferior courts and all laws and parts OF la
s snTo are asfeHy in III
manne. OF all equity causes pending on the docl
cts of the Supreme Court at the same time; sal
| superior courts shall hold their first term to
| heard and determined in the same manner
causes appealed 10 said superior courts; provide
the parties or their attorneys do not file write
objections to the trial of SAID causes, within lie
Be sGed Ge saia rSat the
| renee of two of the judges of said superior cour
shall be necessary to a decision. The courts shs
reduce their opinions to writing in every case, ar
| said opinion, together with the original trai
script, shall constitute and be filed as the tra
| scipt for the Supreme Court, and in said opinic
shall be embodied the findings of the court as
the facts, as well as the conclusions of law, ar
| the opinions shall constitute part OF the reco
of the cause, but shall not be authority, except
e the particular ca>e, and must in no wise be I
> shall have ali the force and effect, and shall
executed in the same m'nner as the judgmen
/. the executions shall be issued and shall be
t1rnable at the next term as soon as practicab
0 after ca n term. but within thirty days
Sec. 10. Be IL further enacted That no appe
. shall be tasen from the judgments and DEGREES
said superior courts to the supreme Court Tor a
hearing of the cause upon the facts, but q writ
q error may issue from the Supreme Court to t
5. the mode and manner and within the Il e nc
d prescribed by law for writs of error frool the
l. preme Court 10 the inferior courts in all cases.
Sec. IL. Be Il further enacted. That this act ia
~ effect from and after its passage, the public W
fare requiring it.
. No action was taken on the report, as
|. was thought best TO wait and allow {
members time to carefully consider the m,
is ter, aud the association adjourned. 1t
re thought that a special meeting will be be
before the meeting OF the Legislature TO
: termine what shall be done in the matter.
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