Foster v. First Nat. Bank, Hope, Ark.
| Decision Date | 19 July 1968 |
| Citation | 221 Tenn. 688,25 McCanless 688,430 S.W.2d 450 |
| Parties | , 221 Tenn. 688 J. Madison FOSTER, Petitioner, v. The FIRST NATIONAL BANK, HOPE, ARKANSAS, et al., Respondents. |
| Court | Tennessee Supreme Court |
Henry M. Beaty, Jr., Memphis, for petitioner.
Edward P. Russell, Jr., Memphis, for The First National Bank, Hope, Arkansas and The Union Planters National Bank of Memphis, Tennessee.
James E. Threlkeld and Thomas R. Dyer, Memphis, for Ray C. Schutt and Claude Stacks.
OPINION ON PETITION FOR WRIT OF CERTIORARI
This is a petition for certiorari filed in this Court under the provisions of T.C.A. § 27--801 et seq., by petitioner, J. Madison Foster, seeking a review of the Chancellor's decision denying appeal from an order sustaining a demurrer to his cross-bill and sustaining a motion to dismiss the crossbill. Jurisdiction lies with this Court, pursuant to the provisions of T.C.A. § 16--408.
The original bill in this suit was filed by The First National Bank, Hope, Arkansas, and The Union Planters National Bank of Memphis, to recover the unpaid balance of a promissory note executed by Hope Lumber and Manufacturing Co., Inc. The note was secured by the individual guaranty of stockholders, one of whom was the petitioner in the present case. By his answer, the petitioner admitted signing the individual guaranty, but denied his liability fo the sum of money sought to be recovered. He then filed a cross-bill which sought to bring in as additional party defendants the President and Secretary of Hope Lumber and Manufacturing Co., Inc. The theory of the cross-bill was that the President and Secretary were guilty of having impaired the working capital of the corporation to the extent that it is now insolvent; and consequently, that any liability on the note should be borne by these two cross-defendants because of their wrongful and fraudulent acts.
The two banks filed a demurrer to petitioner's cross-bill on the grounds that (1) it introduced new parties not in any way concerned with or involved in the original cause of action, and (2) it introduced an entirely new cause of action separate, distinct and unrelated to the substance of the original bill. The officers of Hope Lumber and Manufacturing Co., Inc., the cross-defendants, filed a motion to dismiss the cross-bill for multifariousness and misjoinder of parties.
The Chancellor sustained the demurrer and the motion to dismiss the cross-bill. Petitioner excepted to both actions and prayed an appeal to the Supreme Court. The Chancellor denied the appeal; whereupon, this petition for writ of certiorari was filed in this Court. As indicated above, error is assigned...
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...v. Parole Eligibility Review Board. 879 S.W.2d 871 (Tenn. Ct. App. 1994). The writ is an extraordinary remedy. Foster v. First National Bank, 430 S.W.2d 450 (Tenn. 1968). It is not granted as of right, but its grant or denial is always within the sound discretion of the trial In view of Mr.......
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Henry v. Board of Claims
...acting illegally, has exceeded its jurisdiction, or where there is no other plain, speedy or adequate remedy. Foster v. First National Bank, 221 Tenn. 688, 430 S.W.2d 450 (1968). Review of a board's decision under the common law writ of certiorari is limited to a determination of whether th......
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Fite v. State, Bd. of Paroles
...illegally, has exceeded its jurisdiction, or where there is no other plain, speedy or adequate remedy." Foster v. First National Bank, 221 Tenn. 688, 691, 430 S.W.2d 450, 451 (1968). See also Tenn.Code Ann. § Passing over the jurisdictional question, which we have some difficulty addressing......