situation error in Tennessee

1998The two Tennessee cases that come closest to addressing this situation, AT&T v. Huddleston, 880 S.W.2d 682 (Tenn. Ct. App. 1994) and Peterson Mfg.

1998The two Tennessee cases that come closest to addressing this situation, AT & T v. Huddleston, 880 S.W.2d 682 (Tenn.Ct.App.1994) and Peterson Mfg.

1971In .this situation the rule of construction generally recognized and repeatedly applied by this court comes into play, that whenever contracts of insurance are so framed as to be ‘susceptible of two interpretations differing in import, that interpretation which will sustain the claim of the policy holder and cover the loss should be adopted.’ Laue v. Grand Fraternity, 132 Tenn., 235 -247, 177 S.W. 941 , 944, L.R.A. 1915F, 1056 , Ann.Cas, 1917A, 376; Pacific [Mutual] Life Ins.

1936In this situation the rule of construction generally recognized and repeatedly applied by this court comes into play, that whenever contracts of insurance are so framed as to be “susceptible of two interpreta *694 tions differing in import, that interpretation which will sustain the claim of the policy holder and cover the loss should he adopted.” Laue v. Grand Fraternity, 132 Tenn., 235 -247, 177 S. W., 941 , 944, L.

2003We turn to this court’s decision in Town of Huntsville v. Duncan, 15 S.W.3d 468 (Tenn.Ct.App.1999) for guidance in determining whether Chapter 129 is a special law in violation of the Municipal Boundaries Clause of Article XI, Section 9. 11 *40 Although Huntsville was not decided upon the same constitutional provision as the one before this court, the factual and legal analysis instituted by the Huntsville court is analogous to the situation at bar.

2001The error cannot be ignored or considered waived, however, when the error results in an illegal sentence. “[A] judgment imposed by a trial court in direct contravention of express statutory provisions regarding sentencing is illegal and is subject to being set aside at any time, even if it has become final.” State v. Mahler, 735 S.W.2d 226, 228 (Tenn. 1987) (citing State v. Burkhart, 566 S.W.2d 871 , 87 3 (Tenn. 1978). -3- There are only 19 judgment forms in the technical record.

2000Even though we recognize that easements by implication are not favored in the law, Johnson v. Headrick, 237 S.W.2d 567 (Tenn. 1948), we think this case presents a situation where the principle is justified.

1981Plaintiff, by his own conduct, created a situation where the doctrine of laches would apply." 574 S.W.2d at 718 .

1981Plaintiff, by his own conduct, created a situation where the doctrine of laches would apply.” 574 S.W.2d at 718 .

1971Co. v. Galbraith, 115 Tenn., 471, 483 , 91 S.W. 204 , 112 Am.St.Rep., 862 .

1957The special request was tendered in writing at the conclusion of the general charge and before the jury retired.” They insist that this court in the recent case of Flexer v. Crawley, 37 Tenn. App. 639 , 269 S. W. (2d) 598 , improperly narrowed the rule for setting aside verdicts of the jury on the grounds of inadequacy of award from the rule laid down by the Supreme Court of Tennessee in the case of W.

1957The special request was tendered in writing at the conclusion of the general charge and before the jury retired.” They insist that this court in the recent case of Flexer v. Crawley, 37 Tenn. App. 639 , 269 S. W. (2d) 598 , improperly narrowed the rule for setting aside verdicts of the jury on the grounds of inadequacy of award from the rule laid down by the Supreme Court of Tennessee in the case of W.