Tatum v. Curtis
| Decision Date | 30 April 1878 |
| Citation | 68 Tenn. 360 |
| Parties | J. B. TATUM v. E. B. CURTIS et al. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM CROCKETT.
Appeal from the Chancery Court. JOHN SOMERS, Chancellor.COOPER & BUCHANAN for plaintiff.
W. F. POSTON for defendants.
Bill to enjoin judgment rendered by a justice against complainant, upon the ground that he was not served with process. The warrant shows a regular service. The complainant, in his deposition, says he was not served. The officer says he has no recollection aside from his return, but is satisfied from this that he did serve the warrant, as he was always particular to make his returns according to the facts. There is no other and very pertinent testimony; the facts and circumstances are not fully developed. The onus of proof is upon the complainant; his own testimony but counter-balances that of the official act and testimony of the officer. It would not do to set aside the judgments of courts and the official acts of officers, upon the simple denial of the service by the party himself, unsupported.
Decree affirmed.
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...of officer. 21 R. C. L. 1321-1323; Davis v. Dresback, 81. Ill. 395; J. M. Davant et al. v. R. G. Carlton, 53 Ga. R. 491; Tatum v. Curtis et al., 68 Tenn. 360. governing this case is that when accessibility of defendant to officer is shown the uncorroborated evidence of defendant is not suff......
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...... should be supported by other disinterested witnesses or corroborating circumstances.” Id. at 1011 (emphasis added) (citing Tatum v. Curtis, 68 Tenn. 360 (1878)). The testimony of one interested witness alone was not sufficient to impeach the return, because it presented a situation of “......
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...In Meyers v. Wolf, 162 Tenn. 42, 57, 34 S.W.2d 201, 205, the Court referring to Driver v. Cobb, supra, and quoting from Tatum v. Curtis, 68 Tenn. 360 said: 'It would not do to set aside the judgments of courts and the official acts of officers, upon the simple denial of the service by the p......
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