Wilson v. Moss
| Decision Date | 08 February 1872 |
| Citation | 54 Tenn. 417 |
| Parties | R. J. WILSON v. CHARLES MOSS. |
| Court | Tennessee Supreme Court |
From the Circuit Court, October Term, 1871. JAS. E. RICE, J.
On the 23d of September, 1867, Moss obtained a judgment before a Justice of the Peace of Sumner county, against R. J. Wilson, for $18. On the 26th of July, 1871, an execution was issued and placed in the hands of a constable, when Wilson filed his petition and obtained writs of certiorari and supersedeas.
At the October Term, 1871, of the Circuit Court of Sumner county, on motion of Moss, the petition was dismissed, whereupon Wilson appealed to this Court.
The reason assigned by the petitioner for not appealing was, that he was never summoned to attend the trial, and never had any knowledge or information that there was such a judgment against him until the execution issued, and the officer was proceeding to make the money.
He states with emphasis that no warrant was served on him, that he had no notice of the trial, and that he owes the plaintiff in the judgment nothing.
It appears by the return of the constable, which is without date, that the warrant which issued on the 22d of July, 1867, was executed and set for trial before S. F. Shell, J. P., although issued by T. G. Moss, at his office in Gallatin, on the 21st of September, 1867, two months after the issuance of the warrant.
It further appears from an indorsement on the warrant signed by the constable, that the case was continued until Monday, the 23d of September, 1867, on which day the Justice gave judgment against Wilson for $18.
With the papers is an account of R. J. Wilson, trustee of Donnell & Co. debtor, to Charles Moss, for three weeks' services rendered in store from 24th of May to June 14th, at $9 per week, making $27, with a credit of $9, balance due, $18. There is also among the papers an affidavit of Robert Donnell made before S. F. Shell, J. P., on the 16th of June, 1868, nine months after the date of the judgment, in which he states that R. J. Wilson, in his presence, employed Charles Moss to attend to the store, and said he would pay him for so doing.
The petitioner brings forward these papers and states that no such judgment exists on the docket of S. F. Shell, J. P., as here described, and that the warrant was issued by T. G. Moss, father of plaintiff.
He further states that he has lived within one and a half miles of Gallatin ever since long before the alleged judgment was obtained; that he has been solvent all the time, but that Moss during the period of more than three years has made no attempt to enforce the judgment, though petitioner has met with him innumerable times. He insists that he owes Moss nothing, that the judgment was...
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Gore v. Tennessee Dept. of Correction, M2002-02640-COA-R3-CV.
...and on such motion the allegations of the petition are to be treated as true except as to facts shown by the record. In Wilson v. Moss, 54 Tenn. 417, 419, it is said: "Upon a motion to dismiss a petition for certiorari, the facts stated in the petition are taken to be true, except as to mat......
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Braswell v. Graves, No. W2004-00204-COA-R3-CV (TN 11/17/2004)
...[process server] or render it doubtful whether the return is true, we are not bound to concede to it absolute verity." Wilson v. Moss, 54 Tenn. 417, 419-20 (Feb. 8, 1872). When disputing service of process, the burden is upon the party complaining of the service to show by clear and convinc......
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Eaton v. Portera, No. W2007-02720-COA-R3-CV (Tenn. App. 11/21/2008), W2007-02720-COA-R3-CV.
...server] or render it doubtful whether the return is true, we are not bound to concede to its absolute verity." Wilson v. Moss, 54 Tenn. 417, 419-20 (Feb. 8, 1872). As noted above, the officer's return in this case indicates that service was made on "Lamonda Robinson, pt care asst." The retu......
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Royal Clothing Co. v. Holloway
...and on such motion the allegations of the petition are to be treated as true except as to facts shown by the record. In Wilson v. Moss, 54 Tenn. 417, 419, it is said: 'Upon a motion to dismiss a petition for certiorari, the facts stated in the petition are taken to be true, except as to mat......