74 Tenn. 133 | Tenn. | 1880
delivered the opinion of the court.
In this action of ejectment a rule was made upon the plaintiff’s attorney to show by what 'authority the suit was brought. After an extension of the time, and two or three continuances, the court made the rule absolute, being of opinion that the power of attorney filed conferred no authority to prosecute the suit, and gave judgment against the plaintiffs and their sureties on the prosecution bond for costs. The plaintiffs appealed, but filed no bill of exceptions. The entry of judgment concludes with the following words:
When a cause is dismissed by the circuit judge, the presumption is that there was sufficient evidence-to sustain his action, and it is indumbenf-' upon the party objecting to furnish the means of determining whether the court below erred or ¡not: Kincaid v. Bradshaw, 6 Baxt., 102. The proper mode of doing this is by a bill of exceptions: Id.; Luster v. Ball, 6 Baxt, 93. Even where a bill of exceptions is made-out, affidavits and other documents relied on must be embodied therein, otherwise they cannot be noticed, although copied into' the transcript: Stewart v. State, 7 Cold., 333. If an affidavit or other paper acted on by the lower court be entered upon the minutes, of the court and signed by the judge, it has. been' said that this court would notice it, as it certainly will any recital of facts in an entry thus signed. The reason is, that the judge thereby authenticates the-fact or the paper precisely as if it had been embodied in a bill of exceptions signed by him. But
Affirm the judgment.