
    HENDERSON vs. LACKEY
    
      Knoxville
    
    
      Sept. 1808
    Certiorari; rule to dismiss.
    
      Wilkinson for the petitioner
    said, much inconvenience had arisen from these rules to dismiss certiorari’s. Upon obtaining a rule, the grounds ought to be stated. The petition disclosed a discovery of material testimony after the trial below.
    Grounds for dismissing Certioraris.
   Overton J.

There can exist but two grounds for dismissing. 1st. The not shewing why the ordinary remedy by appeal was not resorted to. 2nd. A want of merits apparent upon the face of the petition. He was inclined to think that the petition ought not to be dismissed, but that it should have a trial here.  