Reports Of Cases Argued And Determined In The Supreme Court Of Tennessee (volume 98)

Paperback | February 2, 2012

byTennessee. Supreme Court

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... Henley v. State. partial trial, but it equally means a trial under the Constitution and law. It is also true that the entire body of the common law, as it existed when the Constitution went into effect, was made the law of the land by that instrument. McGinnia v. State, 9 Hum., 43; Trigally v. Memphis, 6 Cold., 382; JSfeely v. State, 4 Bax., 180. But it was never for a moment supposed that these laws could not be altered, amended, repealed, or added to by subsequent Legislatures, as they, in their wisdom, might deem best, the only restrictions being those thrown around such legislation by the Constitution. Again, it is said that the Act is unconstitutional because it is amendatory of the general law on the subject of fees and costs, and yet does not refer to the laws thus amended. This is not an amendatory Act. It is a new and original law. If it can be held to be a repealing law or an amending law, it is so only by necessary implication, and in such cases the Acts repealed or amended need not be referred to in the caption or certificate of the new law. Home Ins. Co. v. Taxing Dist., 4 Lea, 650; Money v. State, 6 Lea, 218; Railroadx v. Crider, 7 Pickle, 506; Krwxville v. Lewis, 12 Lea, 181; State v. Yardley, 11 Pickle, 546, 559; Ballentine v. Pulaski, 15 Lea, 633; Poe v. State, 1 Pickle, 495; Hunter v. Memphis, 9 Pickle, 571. Henley v. State. We are of opinion, therefore, that the Act in question is free from constitutional objection, and this Court has no power to refuse its enforcement, whether it is wise or unwise, whether hurtful or beneficial in its tendencies and operation. The judgment of the Court below is, therefore, reversed, and the costs allowed are stricken out as unwarranted against the State and county, and the parties interested therein wi...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... Henley v. State. partial trial, but it equally means a trial under the Constitution and law. It is also true that the entire b...

Format:PaperbackDimensions:184 pages, 9.69 × 7.44 × 0.39 inPublished:February 2, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217275087

ISBN - 13:9780217275088

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