Cumberland Trust Co. v. Bart

Decision Date14 November 1931
Citation43 S.W.2d 379
PartiesCUMBERLAND TRUST CO. v. BART et al.
CourtTennessee Supreme Court

Green, Webb & Bass and W. A. DeGroat, all of Knoxville, for complainant.

H. T. Kern, I. B. Finkelstein, and J. Pike Powers, all of Knoxville, for defendants.

CHAMBLISS, J.

The bill was brought to subject certain rents on valuable property in Knoxville, following foreclosure proceedings, and the bankruptcy of Bart, the former owner. The chancellor decreed for the defendant, and complainant has appealed.

This court is without jurisdiction to entertain this appeal in view of the limitations imposed by section 10, c. 100, of the Public Acts of 1925, conferring jurisdiction on the Court of Appeals, except in cases "which have been finally determined in the lower court on demurrer or other method not involving a review or determination of the facts, or in which all of the facts have been stipulated."

It is obvious that the trial of this case involved a review of the facts, and, if it is within the exception at all, it must be, because it comes within the provision we have italicized. Learned counsel bring the cause here on this theory, but, while the record contains a stipulation that "this case shall be tried, heard and determined on the following agreed statement of facts," this paper calls for consideration, in its different paragraphs, of the deposition of Morris Bart, previously taken in this cause, the deposition of H. L. Dulin taken in another cause, all the "petitions, reports, and orders in this cause," etc. The record also contains certain "exhibits" introduced with a stipulation that they are introduced and to be considered by agreement, etc.

Counsel call attention to this recital in the decree of the chancellor allowing the appeal to this Court, "there being no controversy whatever as to the facts of the case," which follows, however, a recital in the opening part of the decree in these words:

"This cause came on to be heard before the Hon. Robert M. Jones, Chancellor, this day upon the original bill of the complainants, the answer of the defendants, the deposition of Morris Bart, the agreed statement of facts, including the deeds of trust and promissory notes taken and filed in the case of Harriet W. Ransom, Executrix, etc. v. Knoxville Investment Corporation, No. 23365, on the Rule Docket of the Chancery Court of Knox County, Tennessee, and the pleadings and process and decrees in said case, showing that Morris Bart and wife were parties defendant therein, and the answer of the Cumberland Trust Company...

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4 cases
  • Lincoln County Bank v. Maddox
    • United States
    • Tennessee Supreme Court
    • 30 Octubre 1937
    ...253, 300 S.W. 9; Gormany v. Ryan, 154 Tenn. 432, 289 S.W. 497; Johnson v. Stuart, 155 Tenn. 618, 299 S.W. 779; Cumberland Trust Co. v. Bart, 163 Tenn. 272, 275, 43 S.W.2d 379. We will dispose of the remaining questions presented by appellants' assignments of error in the order which to us s......
  • Poston v. Aetna Ins. Co.
    • United States
    • Tennessee Supreme Court
    • 1 Diciembre 1945
    ...it is only in those specified exceptional cases that we have jurisdiction of a direct appeal from the lower court. Cumberland Trust Co. v. Bart, 163 Tenn. 272, 43 S.W.2d 379; Hibbett v. Pruitt, 162 Tenn. 285, 36 S.W.2d 897; Gormany v. Ryan, 154 Tenn. 432, 289 S.W. 497. The jurisdiction of t......
  • Goins v. Yowell
    • United States
    • Tennessee Supreme Court
    • 9 Diciembre 1955
    ...appellate courts depend upon the method of trial in the lower court. Gormany v. Ryan, 154 Tenn. 432, 289 S.W. 497; Cumberland Trust Co. v. Bart, 163 Tenn. 272, 43 S.W.2d 379; King v. King, 164 Tenn. 666, 51 S.W.2d The cause presented here is not one that this Court has jurisdiction, but tha......
  • Woodroof v. City of Nashville
    • United States
    • Tennessee Supreme Court
    • 5 Marzo 1946
    ...Chief Justice. This case was formerly heard by the Court and transferred to the court of appeals upon authority of Cumberland Trust Co. v. Bart, 163 Tenn. 272, 43 S.W.2d 379. We assumed that the appeal was taken to this Court upon the theory that the case below was tried on stipulation of f......

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