noting that “the legislature has undoubtedly vested the attorney general with a broad discretion to decide when he may lend the assistance of his office to defend public officers.”
How later courts described this case
- noting that “the legislature has undoubtedly vested the attorney general with a broad discretion to decide when he may lend the assistance of his office to defend public officers.”
- “[A] private citizen . . . cannot maintain an action complaining of wrongful acts of public officials unless such private citizen avers special interest or a special injury not common to the public generally.”
Written by the judges who cited it.
The opinion
JOYCE M. WARD, Special Justice,
concurring in part and dissenting in part.
I, regret that I am unable to concur entirely in the majority opinion. In my judgment, issues are discussed unnecessary to the disposition of this case. I would affirm the Chancellor’s holding based solely on the lack of jurisdiction of the subject matter as held in Taylor, supra.
I dissent with the publication of the actions of counsel for plaintiffs. I believe the basis for the reprimand, which I consider necessary, should be briefly summarized, without specificity in the opinion rather than republished in detail. I would refer the case record to the disciplinary board for appropriate action.
I would hold that this appeal is frivolous based upon the record in the face of Taylor, supra, and the history preceding the instant appeal. However, I dissent with the issuance of an injunction against counsel for the plaintiffs. I would tax all unnecessary costs, including costs of impaneling a special supreme court, to plaintiff Bench and Bar, and the officers and directors of Bench and Bar individually, pursuant to T.C.A. § 27-1-122. 1
. Damages for frivolous appeal. — When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a party or of its own motion, award just damages against the appellant, which may include but need not be limited to, costs, interest on the judgment, and expenses incurred by the appellee as a result of the appeal.