37 Tenn. 193 | Tenn. | 1857
delivered the opinion of the Court.
This is a petition filed by L. Eebow, against J. Towson, in the County Court of Smith county, for the condemnation of an acre of the land of Mr. Towson, for a public mill. The County Court after a full hearing, condemned the land, and the defendant appealed to the Circuit Court. Upon the trial in the Circuit Court the defendant offered to introduce evidence, showing that the condemnation of his land was improper, and the judgment of the County Court was erroneous. His Honor, the Circuit Judge, being of opinion that the jurisdiction of the Circuit Court was only revisory, and the appeal in the nature of a writ of error, refused to hear any evidence, and finding no error apparent on the record of the County Court, affirmed its decree, from which judgment, the defendant, Towson, has appealed to this "Court.
The case of Wade vs. Murray, is a decision under our act of Assembly, constituting the Chancellor, a trier of contested elections in certain cases. Neither of these cases embrace inquiry into the value of property, nor do they transfer it from one person to another; they are investigations into the condition of mind, in an individual, in one case, and the claim to office in the other. They might well be determined by any other than judicial tribunals, if the Legislature had so enacted. But
The judgment of the Circuit Court will therefore be reversed, and the cause remanded for further proceedings.