Tennessee Supreme Court Cases

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View Entry Year Case Name County Cause/Crime Case Description Division Location # Pages Order
View Entry 1944 A. L. Sharp, et al. v. O. T. Needham, et al. Union Failure to Perform Official Duties

Additional Plaintiffs: Paris Smith, Claude McPhetridge, Bert Booker, Martin Peters, Wesley Turner, Harvey Rogers, Kenneth Brantley, Joe Housley, and Roy Cole. Additional Defendants: L. F. Booker, Arthur Cook, Bernie George, Horace McCarty, B. F. Rouse, and Dennis Bailey.

 East Range: 6 Section: B Shelf: Box Number: 273 150 Order A Copy
View Entry 1917 Bank of Lafayette, Kentucky v. T. W. Seay et al. Montgomery Failure to Perform Official Duties

Other defendants are A. H. Outlaw and D. W. Kenneda [sic]

 Middle Range: 21 Section: C Shelf: Box Number: 102 0 Order A Copy
View Entry 1896 B. P. Caldwell v. J. L. Clark, et al. Grainger Failure to Perform Official Duties

Add def: J. J. McGoldrick, J. K. Shields. Clark was constable in the county. In 1890, there was a judgement rendered against A. Shelton and was in the hands of Clark for collection. Plaintiff accused Clark of colluding with Shelton to collect a smaller amount than was charged.

 East Range: 18 Section: F Shelf: Box Number: 2022 140 Order A Copy
View Entry 1945 Carter County v. Bailey Williams et al. Carter Breach of Official Duty

See Box 66 for remainder of case. Additional Defendants: Fidelity & Composite Company of Maryland, James N. Julian, Fidelity Casualty Company of New York, East Tennessee Light and Power Company, Free Services Tire Company, Lacey-Kagley Oil Company, R. A. Allison, Carter County Motor Company, Lloyd Perry, Heman Robinson, Brooks Equip. & Manufacturing Comp., Dempster Brothers, Auto Parts Company, American Limestone Comp., Austin Powder Co., Builders Supply Co., Brumit Service Station, etc.

 East Range: 5 Section: D Shelf: Box Number: 64 1834 Order A Copy
View Entry 1887 Cowan, McClung & Co. v. D. B. Childers, et al. Monroe Failure to Perform Official Duties East Range: 18 Section: G Shelf: Box Number: 1995 454 Order A Copy
View Entry 1916 Consolidated Fireworks Co. et al. v. Charles W. Schuyler Shelby Breach of Official Duty

Co-complainant: Oliver-Finnie Co. Plaintiffs allege that Fire Marshall Schuyler is so over-zealous about enforcing a new fire law that he is attempting to close down their legitimate fireworks and explosives businesses, even though it was never the intention of the legislature to do so and interferes with their right to do business.

 West Range: 80 Section: D Shelf: Box Number: 1118 92 Order A Copy
View Entry 1853 Ezekiel W. Taylor v. Elijah Bowen DeKalb Failure to Perform Official Duties Middle Range: 32 Section: B Shelf: Box Number: 243 0 Order A Copy
View Entry 1897 Fred Hesse, admr. of Kate Scheurich, dec. v. Theodor Hemberger, admr. of Lorenz Scheurich, dec. et al. Davidson Failure to Perform Official Duties

Additional Defendants: F. J. Nopper, S. Ritter, and C. C. Laitenberger. The administrator of the estate of Kate Scheurich, the deceased widow of Lorenz, brought suit against the administrator of Lorenz, claiming his inventory of the estate was false. Hesse further claimed that Hemberger had converted parts of the Lorenz estate for his own use and violated his duties.

 Middle Range: 37 Section: A Shelf: Box Number: 1101 186 Order A Copy
View Entry 1896 Frank Dibrell, Clerk and Master v. S. E. Cunningham White Failure to Perform Official Duties

Plaintiff Dibrell, Clerk and Master of White County, sued the former Clerk and Master, defendant Cunningham, for the funds that he collected, and records he produced, in the course of his duties, which terminated in September 1894.

 Middle Range: 36 Section: F Shelf: Box Number: 1076 132 Order A Copy
View Entry 1930 Hamilton National Bank, et al. v. Alvin Shipp, Trustee Hamilton Failure to Perform Official Duties

Case file is incomplete; opinion only.

 East Range: 5 Section: D Shelf: Box Number: 80 8 Order A Copy
View Entry 1935 Ida L. Love et al. v. Citizens National Bank et al., Part 2 Greene Breach of Official Duty

This is the second part of a case, pages 320-648. The rest of the case was not in the same box, so background information is lacking on the case and its principals. The case seems to involve certain questionable transactions carried out by the bank manager, as well as shortages in various accounts. Key names: Jennie M. Britton, James H. Rader. Also see: ET 892, and ET 668

 East Range: 8 Section: D Shelf: Box Number: 883 328 Order A Copy
View Entry 1904 Jesse Edgington v. John H. Alsup et al Shelby Breach of Official Duty

Additional Defendant: A. J. Harris. Plaintiff, who had been appointed Back Tax Attorney, originally sued defendants for failing to turn over to him the books pertaining to state & county back taxes since 1893 & city back taxes since 1894 as required by law. Defendants continued to collect back taxes & also fees & commissions that should have gone to plaintiff. Tax records included.

 West Range: 81 Section: F Shelf: Box Number: 904 92 Order A Copy
View Entry 1883 Joseph D. Smith et al. v. Elisha Harrison Gibson Failure to Perform Official Duties

Other plaintiff: Edmund Keely.

 West Range: 84 Section: H Shelf: Box Number: 168 0 Order A Copy
View Entry 1884 J. M. Darwin v. B. B. Knight et al. Franklin Failure to Perform Official Duties

Both principals in this case were named administrators of the estate of William Darwin, deceased. Plaintiff claims that Knight failed to collect debts due to the estate from his own brother, and later from his brother's estate.

 Middle Range: 34 Section: C Shelf: Box Number: 620 114 Order A Copy
View Entry 1937 J. H. Preas, et al. v. Marion Sell, Mayor, et al. Washington Breach of Official Duty

Other plaintiffs: J. R. Zimmerman; J. A. Denton; Pat S. Fain. Other defendants: E. J. Quillen; J. H. Perkins; John Parrott; Walter H. Wiley.

 East Range: 9 Section: B Shelf: Box Number: 1071 59 Order A Copy
View Entry 1881 L. Vacaro et al. v. J. A. Anderson, admr. et al. Shelby Failure to Perform Official Duties

Other plaintiffs: John Canepo, dec., & Rosa Canepo. Other defendants: C. F. Vance, F. M. White, & E. E. Clarke. Plaintiffs are sued for the assets of John Canepo, which were taken into the control of Anderson. He is accused of mishandling the funds or of committing fraud and appropriating the funds to his own use.

 West Range: 84 Section: H Shelf: Box Number: 169 0 Order A Copy
View Entry 1905 N. C. Perkins et al.v. E. C. Green et al Shelby Breach of Official Duty

Additional Plaintiffs: W. S. Hammontree; James T. Walsh; Clyde Richert; J. S. Fite et al. Additional Defendants: E. B. Lemaster; H. C. Watkins; Tony Cassaretto et al. Plaintiffs constitute the Executive Board of the Democratic Executive Committee of Shelby Co.; defendants former Board members. Plaintiffs suing to force defendants to properly account for $1645, funds meant to defray the expenses of the 29 June 1904 Primary or "Run-Off", but which they believe were misappropriated.

 West Range: 81 Section: G Shelf: Box Number: 916 111 Order A Copy
View Entry 1948 P. I. Angel, et al. v. Hamilton County Hamilton Failure to Perform Official Duties

Additional Plaintiff: H. L. Morris.

 East Range: 6 Section: B Shelf: Box Number: 263 84 Order A Copy
View Entry 1917 P. C. Levitch et al.v. George C. Love et al Shelby Breach of Official Duty

5 folders. Add. plaintiffs: Fred C. Pendergrast, H.S. Smith, C.L. Hicks, H.F. Herby, W.D. Whitehead, J.M. Gentry, J.W. Hoyle, Charles A. Brunner, & A.J. Brown. Add. defendants: James P. Quinlan & William J. Hayes. Plaintiffs aver that W.J. Hayes was appointed "Inspector of Police" by G.C. Love, which is an unofficial position not recognized by the city, asserting his power in a dominating and damaging manner. He made false arrests & allowed liquor to be illegally sold in the city. See also WT1530.

 West Range: 79 Section: G Shelf: Box Number: 1526 1948 Order A Copy
View Entry 1915 R. Miles Burns, et al. v. City of Nashville, et al. Davidson Failure to Perform Official Duties

Add'l defs.: Hilary Howse, Lyle Andrews, J. Morgan Wilkerson, Robert E. Elliott, J.D. Alexander, Charles R. Myers, U.S. Fidelity & Guaranty Co. Add'l plaintiffs: Frank G. Sharpe, John T. Hays, R.L. Wright, T.J. Robertson, W.L. Moore, Edwin T. Mulloy, Oliver J. Timothy, R. H. Fite, W.H. Harrison, L.W. Denny, H.C. Buchi, Geo. S. Parkes, L.R. Jacobs, H.F. Cooper, G.A. Myers, John Parman, Harry A. Myers, H.A. Hewitt, C.E. Weise, J.M. Lunn S.A. Cherry, Fred B. Young. Charge: letting of illegal contracts.

 Middle Range: 21 Section: B Shelf: Box Number: 90 0 Order A Copy
View Entry 1871 Robert C. Brinkley v. James M. Tomeny, et al. Shelby Failure to Perform Official Duties

James Tomeny, Marshall of the Western District of Tennessee; incomplete; pages 1-12 of a 230+ page court document

 West Range: 84 Section: A Shelf: Box Number: 14 0 Order A Copy
View Entry 1880 Robert B. Hays et al. v. Stoddert Caruthers et al. Madison Failure to Perform Official Duties

Co-plaintiffs: Fannie H. Battle & L. L. Battle. Other defendants: Middleton Hays, John C. M. Garland, & Andrew J. Hays. Complainants say the defendants, executors of their father's will, have not kept them informed of the status of the sale of land for the purpose of paying debts of the estate, and they cannot tell whether their responsibilities have been met.

 West Range: 84 Section: C Shelf: Box Number: 37 0 Order A Copy
View Entry 1938 R. H. Hall, et al. v. W. M. Ables Marion Failure to Perform Official Duties

Other plaintiffs: J. T. McCabe; J. A. Lancaster. Plaintiffs were county commissioners. Defendant was county judge.

 East Range: 9 Section: C Shelf: Box Number: 1114 119 Order A Copy
View Entry 1919 State v. William Fox Hunt, County Court Clerk, United States Fidelity& Guaranty Company Davidson Failure to Perform Official Duties

Case also found in Box 149.

 Middle Range: 21 Section: G Shelf: Box Number: 145 0 Order A Copy
View Entry 1908 State v. Jerome E. Richards, et al. Shelby Failure to Perform Official Duties

Other defendants: United States Fidelity and Guaranty Company. Richards was Shelby Co. court clerk.

 West Range: 81 Section: G Shelf: Box Number: 919 400 Order A Copy
View Entry 1915 State for use of Lamar Heiskell et al. v. Fidelity & Deposit Co. of Maryland et al. Shelby Breach of Official Duty

Other Defendants: Thomas B. Crenshaw, Thomas B. Caldwell, C. D. M. Greer, and Mamie F. Manigan, executrix of Ed Manigan, deceased. Plaintiffs: Heisell is identified as Clerk & Master; other names include Maggie G. O'Fallon, Elizabeth Overton, Matilda Overton, and J. M. Goodbar, guardian of Elizabeth and Matilda Overton. Case concerns the sale of property, the actions of a previous clerk & master in making loans from the funds from that sale, and the death of the previous property owner.

 West Range: 80 Section: C Shelf: Box Number: 1074 253 Order A Copy
View Entry 1935 State, ex rel. et al. v. O. E. McMahan Sevier Breach of Official Duty

Additional plaintiffs: J. A. Davis, James Trentham, W. W. Crowson, J. C. Pitner, J. W. Stanton, J. N. Delozier, Ben Maddron, A. J. Stinnett, P. L. Shults, Jas. Spurgeon, W. A. Robeson, G. H. Robeson, Richard Autry, J. A. Lawson. O. E. McMahan was the county road superintendent of Sevier County. The case is so large it is in six folders and two boxes (ET 880).

 East Range: 8 Section: D Shelf: Box Number: 879 1932 Order A Copy
View Entry 1895 State for the Use of John D. Kries and John D. Kries v. John C. Douglass & Wife, Mary Douglass Morgan Failure to Perform Official Duties

Kries was the County Trustee of Morgan Co.; G. W. Green was the County Sheriff. Kries sued Green & his bondsman Douglass on the grounds that Green had failed to collect & pay over or account for all delinquent state, county, road, and school taxes. Kries won judgment against defts., but it was unpaid as Douglass owned no assets that were subject to seizure. Plaintiffs charged that he had fraudulently conveyed his assets to his wife.

 East Range: 9 Section: B Shelf: Box Number: 1090 345 Order A Copy
View Entry 1916 State upon relation of Frank M. Thompson v. J. A. Riechman Shelby Failure to Perform Official Duties

The defendant was sheriff of Shelby County who was accused of neglecting to discharge his duties involving liquor violations in the city of Memphis. Thompson was the state's Attorney General. The violations were a result of the so-called "Custer Bill." 9 folders. See WT 1124 for additional folders of case.

 West Range: 79 Section: D Shelf: Box Number: 1423 2616 Order A Copy
View Entry 1917 State of Tennessee ex rel R.F. Harris et al. v. E.G. Buck Madison Breach of Official Duty

Buck accused by Harris and ten others of aiding and encouraging violation of law and guilty of misconduct in office, rendering him unfit to hold office of County Engineer. Buck did not itemize and write vouchers for his bills required by law. Buck also accused of giving away county property and selling material belonging to the county and retaining proceeds for his own use. Plaintiffs demand writ of Ouster to remove Buck from office. Case divided between 6 folders.

 West Range: 79 Section: F Shelf: Box Number: 1503 888 Order A Copy
View Entry 1889 State for the use of W. W. Davis, et al. v. Atha Thomas, et al. Davidson Breach of Official Duty

Additional plaintiffs: T.H. Hicks, S.P. Clyce, and A.S. Neil. Too many defendants to name. Atha Thomas was elected Treasurer of the State of TN in 1887 and as such was Commissioner of the Insurance Department for the state. Plaintiffs suing defendant for granting a license to the Northwestern Mutual Insurance Co. knowing it had no proper assets to pay its policy holders when losses occurred. Exhibits in MT Oversize Box 5.

 Middle Range: 35 Section: B Shelf: Box Number: 783 82 Order A Copy
View Entry 1922 State, ex rel, W. K. Abernathy, Attorney General v. J. H. Doyle Hardeman Failure to Perform Official Duties

Defendant was sheriff of Hardeman County and was charged with "knowingly and willingly permitting gambling to be engaged openly on the streets of Bolivar..." and is being sued in an "ouster proceeding," or removal of office.

 West Range: 78 Section: B Shelf: Box Number: 1670 89 Order A Copy
View Entry 1924 State, ex rel. W. A. Tranum et al. v. Elbert Jones Decatur Failure to Perform Official Duties

4 folders. Additional plaintiffs: W. I. McMillan, J. H. Stout, S. C. Kennedy, P. H. Brignanc, M. W. Dunavant, W. H. Martin Jr., E. E. Walker, M. C. Smith, R. A. Brasher, S. H. Moreland, R. N. Stout, P. S. Simmons, M. J. Montgomery. Elbert Jones was elected Trustee of Decatur County in 1918, 1920, and 1922. The county court employed auditors to audit the books of all county officers. The auditors found that Jones collected real and poll taxes for 1918-1920 and had not reported them as required.

 West Range: 78 Section: F Shelf: Box Number: 1768 669 Order A Copy
View Entry 1870 State of Tennessee, on the Relation of J. C. Wilson v. S. N. Haddinger Fayette Failure to Perform Official Duties

Failure of former Commissioner of Registration to turn over papers to new Commissioner of Registration

 West Range: 84 Section: A Shelf: Box Number: 5 0 Order A Copy
View Entry 1875 Sarah A. Levy v. Thomas Leonard et al. Shelby Failure to Perform Official Duties

Additional defendant: Martha A. Leonard, wife of Thomas Leonard Plaintiff petitioning for trustee, Barbour Lewis, to be removed from office.

 West Range: 84 Section: E Shelf: Box Number: 82 0 Order A Copy
View Entry State v. James Whitworth et al. Davidson Failure to Perform Official Duties

Additional Defendants: J. L. Whitworth, Jordan Stokes, Samuel Keith, and W. M. Duncan. State filed this suit to hold the sureties of G. K. Whitworth, late Clerk and Master of Chancery Court in Nashville, liable for a loan made in the case of H. C. Stump v. S. W. Steel without taking sufficient security. See also MT1184

 Middle Range: 37 Section: A Shelf: Box Number: 1113 66 Order A Copy
View Entry 1897 State, for the use of J. T. Warren v. W. J. Ashley, et al. Gibson Official bond

Other defendants not mentioned by name.

 West Range: 82 Section: A Shelf: Box Number: 473 13 Order A Copy
View Entry 1890 State ex rel., A. J. Harris et al. v. J. J. DuBose Shelby Breach of Official Duty

Julius J. Dubose was accused of having aided, abetted and participated in a duel in Arkansas in 1870. He was accused of acting as one of the combatants seconds thus violating the State Constitution. 2 oversize ledgers of the minutes of his impeachment are located in WT OV 6. DuBose was impeached by the General Assembly in June 1893 for unjudicial manner. DuBose was a former Confederate solider, editor, lawyer, State Senator, and Criminal Court Judge for Shelby Co.

 West Range: 82 Section: B Shelf: Box Number: 493 39 Order A Copy
View Entry 1890 State v. C. M. Bails, et al Hawkins Failure to Perform Official Duties

C. M. Bails was the Clerk & Master of Hawkins County from 1870 to 1876. Other defts. his bondsmen. During his term Bails failed to properly account for monies, collect taxes & issue executions. When case came to court 14 years later Bails no longer held the office & had moved out-of-state, his whereabouts unknown. The men who had served as his bondsmen argued that, by law, they were no longer liable for his malfeasance as too much time had passed. See: ET, 1654; Related Case: ET, 1617.

 East Range: 19 Section: D Shelf: Box Number: 1811 195 Order A Copy
View Entry 1894 State for the use of J. F. Robertson v. D. W. Harris Crockett Failure to Perform Official Duties

D.W. Harris was the former Clerk and Master and J.F. Robertson states the he failed to collect the money that Robertson was awarded in a former case.

 West Range: 82 Section: F Shelf: Box Number: 609 264 Order A Copy
View Entry 1896 Sycamore Manufacturing Co. v. M. Tomlin et al. Cheatham Breach of Official Duty

Plaintiff, Sycamore Manufacturing Co., named the largest taxpayer in Cheatham County, filed suit on their behalf and that of the County school children against defendants M. Tomlin, trustee of Cheatham County from 1882-1888, and his bondsman of sureties (too many to list) to recover revenues collected by him in his official capacity. The plaintiff claimed that the defendant absconded shortly after his election to his fourth term as trustee and defaulted on more than $6000.

 Middle Range: 36 Section: F Shelf: Box Number: 1071 663 Order A Copy
View Entry 1895 State, for use of Overton County v. Hardy Copeland, et al. Overton Breach of Official Duty

Addtl dfnts: J. R. Goodpasture, James Copeland, Arthur Vaughn, John Coffee, J. C. Bilbrey, J. M. Carlock, J. B. Allison, W. H. Hussey, M. E. McDonald, J. M. Roberts, Calvin Boswell, J. N. Cannon, J. W. Bilbrey, I. H. Bilbrey, W. J. Matthews Jr., John F. Sehon, and A. L. Windle. Copeland was elected trustee of School Funds for Overton County, and failed and refused "to account for and pay over" $3K to the school districts.

 Middle Range: 36 Section: E Shelf: Box Number: 1043 155 Order A Copy
View Entry 1927 State and ex rel R. B. Swink et al v. Robert C. Mayo, Chairman Madison Failure to Perform Official Duties

Complainants were all residents of Madison County, TN and they were all Freeholders. They brought this suit against Robert C. Mayo, member and Chairman of the Madison County Board of Education. They charge that Mayo has been guilty of misfeasance in office and non-feasance in office. During his tenure in office, he knowingly and willfully misconducted himself and neglected to perform various duties being a member of the County Board of Ed- Madison County.

 West Range: 77 Section: C Shelf: Box Number: 1946 737 Order A Copy
View Entry 1891 State v. Joseph McBride Marshall Failure to Perform Official Duties

McBride was elected county clerk of Marshall County for a four year term, and McBride gave surety bonds as required by law. When he was reelected, he failed to give surety bonds for this second term. He then sold property and collected the payment, but failed to submit it to the court. His surety bond should have covered this error, but no bond was in place. The State sues to clarify who is liable for the error.

 Middle Range: 35 Section: D Shelf: Box Number: 847 141 Order A Copy
View Entry 1907 Talley-Bates Construction Co. v. A. H. Merrell et al. Shelby Failure to Perform Official Duties

Co-defendant: F. L. Monteverde, Sheriff. Plaintiff claims that Merrell won a judgment against the company for trespassing, but that they had no writ or other notice of the case and that judgment was pronounced without their being able to appear. Folder includes an appeal brief for each party.

 West Range: 81 Section: J Shelf: Box Number: 991 36 Order A Copy
View Entry 1881 T. H. Covington et al. v. J. A. Anderson et al. Shelby Failure to Perform Official Duties

Complainants: Thomas H. & Sallie F. Covington; Henrietta Pearl Woodward. Defendants: James A. Anderson, admr. of H. P. Woodward, dec.; Calvin F. Vance; Frank M. White, representing Benjamin D. Anderson, dec. Plaintiffs say Anderson failed to make settlements with the clerk of the county court, as he was required to do, so all the conditions of the will have not been carried out.

 West Range: 84 Section: H Shelf: Box Number: 180 0 Order A Copy
View Entry 1917 T. J. McMorrough, County Attorney for Davidson v. W. F. Hunt, County Court Clerk of Davidson Davidson Failure to Perform Official Duties

Sued to remove W.F. Hunt from office for misconduct and neglect.

 Middle Range: 32 Section: F Shelf: Box Number: 362 81 Order A Copy
View Entry 1880 W. P. Hawkins, admr. v. Henry A. Wilds, et al. Greene Breach of Official Duty

Addtl dfnts: Felix A. Reeve, Alfred Susong, Elbert S. Ripley, Ephraim Link, John W. Hannah, William A. Allen, David T. Patterson, and William D. Williams. Hawkins is admr. of the estate of Joseph P. Mason. Mason died intestate and Hawkins sought estate insolvency, which was granted. Hawkins claimed all debts owed to the Wilds, the clerk & master and Special commissioner for the county Greene, were paid successfully and fully. Hawkins asserted Wilds misappropriated the funds.

 East Range: 5 Section: D Shelf: Box Number: 35 22 Order A Copy
View Entry 1916 West Kentucky Coal Co. v. Commercial Trust & Savings Bank Shelby Breach of Official Duty

Plaintiff says the bank cashed a check for E. G. Hickey, local manager for the coal company, which he then appropriated for his own use. The company says the bank knew that it was not authorized to make this type of payment to individuals. Check #1073 is attached to p. 13.

 West Range: 80 Section: D Shelf: Box Number: 1118 34 Order A Copy
View Entry 1907 William Maxey, et al. v. J. Pike Powers, et al. Knox Breach of Official Duty

In 1903 the General Assembly passed an act redistricting Knox County. The 12 district created differed greatly in size, income, & population. Maxey & J. H. Simpson ran for JP. They claim that the redistricting effected the voting outcome. Powers, J. C. Ford, & J. C. Sterchi were the election commissioners at the time of the election. See additional documentation in box ET 87.

 East Range: 5 Section: A Shelf: Box Number: 4 15 Order A Copy

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