Snodderly v. Weaver
| Decision Date | 30 September 1860 |
| Citation | 41 Tenn. 256 |
| Parties | SNODDERLY v. WEAVER. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM UNION.
This was an action of ejectment, and after the return of the writ the matters in litigation were, by agreement of the parties, submitted to arbitrators, who made their award to the court, which was set aside upon exceptions filed by defendant; and the case, on motion of defendant's counsel, was put on the trial docket, and a plea of puis darrein continuance put in by defendant. A trial was had before Judge T. W. Turley, at the October term, 1859. The jury found the defendant guilty of the trespass and ejectment, but they found the issue on the plea of puis darrein continuance for the defendant. The court, upon the finding of the jury, rendered a judgment that, by the act of the parties, the suit was dismissed, and that the defendant go hence, etc. Plaintiff appealed.
Fletcher & Shields, for plaintiff in error.
____________, for defendant in error.
This was an action of ejectment brought by the plaintiff against the defendant on the 17th of May, 1858. The summons was returnable to the May term, 1858. After the return term, to wit, on the 17th of July, the parties, by a writing in the form of a penal bond, submitted the subject-matter of the suit to the arbitrament and award of three persons named therein, two of whom afterwards made an award in favor of the plaintiff, which was returned into court, although the submission bond contained no provision that the award should be made the judgment of the court in the case.
The record shows that the defendant filed exceptions to the award, which were sustained by the court and the award rejected. And it further appears that on the motion of defendant's counsel it was ordered that “the cause be placed on the trial docket.”
The defendant thereupon filed a plea of puis darrein continuance, setting up the reference of the case to arbitrators by the parties, out of court, as a discontinuance, upon which an issue was made to the country.
On the trial the jury found the defendant guilty of the trespass and ejectment as charged in the declaration, in proper form; but they found the issue on the plea of puis darrein continuance for the defendant. And upon this finding the court rendered judgment that by the act of the parties the suit was discontinued, and that the defendant go hence, etc.
From this judgment the plaintiff prosecuted an appeal in error.
The...
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