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By the Couet: The information and sei. fa. thereon are bad; because they do not allege a wilful non-feasance and misfeasance in respect to' the specifications and charges relied on, as a forfeiture of the defendant’s franchise.
Leave was properly granted to the plaintiff to amend; but no amendment was made, and the pleadings remain as they were when instituted. The amendment cannot be made in this court, under the statute of jeofails, it not being a case under that statute.
Judgment affirmed.
Document Info
Citation Numbers: 34 Tenn. 254
Judges: Couet
Filed Date: 12/15/1854
Precedential Status: Precedential
Modified Date: 7/30/2022