Bailey v. State, 32 S.W. 250 (Tenn. 1895). · Go Syfert
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Bailey v. State, 32 S.W. 250 (Tenn. 1895). Cases Citing This Book View Copy Cite
13 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: Terry Rainwaters v. Tennessee Wildlife Resources Agency (tennctapp, 2024-05-09)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "see, e.g." Terry Rainwaters v. Tennessee Wildlife Resources Agency
Tenn. Ct. App. · 2024 · signal: see also · confidence medium
Tennessee’s courts believed that “the province of a court is to decide, not advise, and to settle rights, not to give abstract opinions.” State v. Wilson, 70 Tenn. 204, 210 (1879); see also Gilreath v. Gilliland, 95 Tenn. 383 , 385- 86, 32 S.W. 250, 251 (1895); Prichitt v. Kirkman, 2 Tenn. Ch. 390, 393 (1875).
discussed Cited "see, e.g." Parents' Choice Tennessee v. Jason Golden, in his Official Capacity as Superintendent of Williamson County Schools
Tenn. Ct. App. · 2024 · signal: see also · confidence medium
Tennessee’s courts believed that “the province of a court is to decide, not advise, and to settle rights, not to give abstract opinions.” State v. Wilson, 70 Tenn. 204, 210 (1879); see also Gilreath v. Gilliland, 95 Tenn. 383, 385-86 , 32 S.W. 250, 251 (1895); Prichitt v. Kirkman, 2 Tenn. Ch. 390, 393 (1875).
discussed Cited "see, e.g." Larry E. Parrish, P. C. v. Nancy J. Strong
Tenn. Ct. App. · 2016 · signal: see also · confidence medium
The doctrine of justiciability was discussed by the Tennessee Supreme Court as follows: Tennessee’s courts believed that “the province of a court is to decide, not advise, and to settle rights, not to give abstract opinions.” State v. Wilson, 70 Tenn. 204, 210 (1879); see also Gilreath v. Gilliland, 95 Tenn. 383 , 385- 86, 32 S.W. 250, 251 (1895); Prichitt v. Kirkman, 2 Tenn. Ch. 390, 393 (1875).
discussed Cited "see, e.g." Lisa Howe v. Bill Haslam
Tenn. Ct. App. · 2014 · signal: see also · confidence medium
In order to adhere to the long-standing judicial philosophy that “‘the province of a court is to decide, not advise, and to settle rights, not to give abstract opinions[,]’” Id. at 203 (quoting State v. Wilson, 70 Tenn. 204, 210 (1879); see also Gilreath v. Gilliland, 95 Tenn. 383 , 385–86, 32 S.W. 250, 251 (1895); Prichitt v. Kirkman, 2 Tenn. Ch. 390, 393 (1875)), the courts have employed the doctrines of standing, ripeness, mootness, political question, exhaustion of administrative remedies, and the prohibition against advisory opinions.
discussed Cited "see, e.g." Norma Faye Pyles Lynch Family Purpose LLC v. Putnam County
Tenn. · 2009 · signal: see also · confidence medium
Tennessee’s courts believed that “the province of a court is to decide, not advise, and to settle rights, not to give abstract opinions.” State v. Wilson, 70 Tenn. 204, 210 (1879); see also Gilreath v. Gilliland, 95 Tenn. 383, 385-86 , 32 S.W. 250, 251 (1895); Prichitt v. Kirkman, 2 Tenn. Ch. 390, 393 (1875).
Retrieving the full opinion text from the archive…
Bailey
v.
State
Tennessee Supreme Court.
Oct 3, 1895.
32 S.W. 250
T. S. Rambo, W. W. Mullendore, W. A. Parton for Bailey., Attorney-general Pickle for State.
Caldwell.
Cited by 3 opinions  |  Published
Caldwell, J.

B. B. Bailey was convicted and fined fifty dollars, in the Circuit Court of Sevier County, for unlawfully carrying arms. He has appealed to this Court, by counsel, asking a reversal and new trial.

[*392] The case is not properly in this Court, because no appeal was granted in the Court below. All that appears in the transcript on the subject of appeal, is found in an entry upon the minutes of that Court, which is as follows: “From the action of the Court in refusing to set aside the verdict and grant a new trial, the defendant excepts, and prays an appeal to the Supreme Court, sitting at Knoxville.” That entry is fatally defective, in that it fails to show, additionally, that the prayer for appeal was granted. It shows the requisite action on the part of the defendant, but no action, in response, on the- part of the Court. Both prayer offered by the former and granted by the latter, were indispensable. Code (M. & V.), § 3876; History of a Lawsuit (Martin’s Ed.), Secs. 280, 287; Craighead v. Rankin, 6 Bax., 131; O'Riley v. Zollicoffer, 4 Yer., 298; 2 Bax., 12; 1 Lea, 482; 2 Enc. Pl. & Pr., 203-4.

Strike the case from the docket.