Court System - Historical Notes

The following acts once affected jurors or boards of jury commissioners in Cannon County, but are no longer operative.

1. Private Acts of 1917, Chapter 788, created a Board of Jury Commissioners for Cannon County, consisting of three discreet freeholders, or householders, who were not lawyers or county officials, and who had no suit pending in Courts, who would be appointed by the Judges of the County having criminal jurisdiction to serve a two year term.  Vacancies would be filled in the same way.  The members would meet, be sworn, and select one of their number as Chairman, the Clerk of the Court, or a Deputy, would serve the Board as Clerk.  The Board would select from the tax rolls, or other public sources, a number of names equal to one-fifth of the voters voting in the last Presidential election but, in no event, would the number be less than 250, nor more than 1,000.  These names would be listed on a book to be provided by the Clerk and the list verified by all three Commissioners.  The names chosen would also be written on individual scrolls, or cards, and placed in a Jury Box which would be locked and sealed, not to be opened except in the presence of the Board, or the Judge.  Fifteen days prior to the opening of Court, a child under ten years of age would draw out of the Jury Box the number of names specified by the Judge, or equal to the number of jurors required.  The names would be placed in an envelope and presented to the Court, and would constitute the Jury list for that term.  Five days before Court, the list would be delivered to the Sheriff who would summon the prospective jurors to duty.  Provisions for special juries and special panels were included.  No one could be excused except by the Judge, and penalties were established for those who violated this law.
2. Private Acts of 1919, Chapter 480, amended Chapter 788, Private Acts of 1917, above, by correcting the population figures to make the Act apply to Cannon County.

Chancery Court

The following acts form an outline of the development of equity jurisdiction in Cannon County, although they no longer have the force of law since they have either been superseded by general law, repealed, or failed to receive local ratification.

1. Acts of 1835, Chapter 4, separated Tennessee into three major Chancery Divisions and further divided those areas into smaller districts. Each Division's Courts would be held by a Chancellor who would be elected by ballot of both houses of the General Assembly.  This Act was dated shortly before the creation of Cannon County which would presumably be under its provisions but is not mentioned in this Act.
2. Acts of 1835-36, Chapter 33, provided in the Act which created Cannon County that all Courts would be held at the home of Henry D. McBroom until a county seat and Courthouse could be made ready.  Cannon County's Chancery Court was attached to the District of Warren and White Counties, wherein causes could be filed and heard at McMinnville, or at Murfreesboro, which ever suited the convenience of the litigants.
3. Acts of 1839-40, Chapter 66, Section 3, established a district Chancery Court at Woodbury, in Cannon County, in the Fourth District of the Middle Division.  The Court would be organized as other Chancery Courts and be held by the Chancellor of the Fourth District.  Citizens of Coffee and DeKalb Counties were also given leave to file their Bills in Chancery in this Court at their personal discretion.
4. Acts of 1845-46, Chapter 82, Section 2, rescheduled the opening of some of the terms of the Chancery Courts in the Fourth District changing the court at Woodbury in Cannon County to the fourth Monday in April and October.
5. Acts of 1847-48, Chapter 107, stated that the Chancery Court at Woodbury in Cannon County shall begin its term on the Thursday next preceding the second Monday in March and September, starting at the next term of Court.  Chapter 198, of this volume, Page 332, Section 5, provided for the same thing as the above.
6. Acts of 1851-52, Chapter 329, Section 5, stated that hereafter the Chancery Court at Woodbury would open on the Thursday after the fourth Monday in March and September, starting after the next term.
7. Acts of 1853-54, Chapter 123, Section 4, changed the opening dates for the Chancery Courts of Overton, DeKalb, Warren, and Cannon Counties which went to the first Monday in April and October.
8. Acts of 1855-56, Chapter 164, Section 3, changed the schedule of Chancery Court terms in several counties but left Cannon's on the first Monday in April and October with the provision that, if there were five Mondays in March and September the Court at Woodbury would be held then.
9. Acts of 1857-58, Chapter 88, organized the State into the Eastern, Middle, Western, Fourth, Fifth, and Sixth Chancery Divisions. The Fourth Division contained the counties of Wilson, Macon, Jackson, Putnam, Smith, Coffee, Franklin, Lincoln, Bedford, Sumner, DeKalb, Warren, Van Buren, Grundy, Rutherford, and Cannon whose terms of court would continue to start as specified in Item 8, above.
10. Acts of 1866-67, Chapter 4, Section 3, changed the starting dates of the Chancery Court in Cannon County from the first Monday after the fourth Monday of March and September to the first Wednesday before the second Monday in April and October.
11. Acts of 1866-67, Chapter 33, created the 12th Chancery Division which contained the Counties of White, Van Buren, Grundy, Franklin, Coffee, Putnam, Smith, DeKalb, Warren, and Cannon.  Court terms for Cannon would begin on the third Monday in February and August at Woodbury.  The Governor would appoint a Chancellor to hold court until one could be duly elected.
12. Acts of 1869-70, Chapter 60, Section 3, stated that the Chancery Court for Cannon County shall hereafter be held on the third Monday in May and November and all process now returnable to February, 1870 term, shall stand and be returnable to the May, 1870 term, specified above.
13. Acts of 1870, Chapter 32, Page 60, reorganized the State into twelve Chancery Districts.  The Fourth District was made up of the Counties of Franklin, Lincoln, Bedford, Rutherford, Cannon, Coffee, Warren, and Grundy.
14. Acts of 1870, Chapter 47, scheduled the opening dates for the terms of the Chancery Courts in Tennessee.  Cannon County would begin the terms at Woodbury on the third Monday of May and November.
15. Acts of 1875, Chapter 28, provided, among other things, that the Chancery Court for Cannon County would start on the fourth Monday of April and October.
16. Acts of 1885 (Ex. Sess.), Chapter 20, rearranged the entire lower Court sysstem of the State.  Eleven Chancery Divisions were provided of which the Fourth contained the Counties of Warren, Cannon, Rutherford, Bedford, Franklin, Lincoln, Moore, and Marshall.  The Court at Woodbury would open on the fourth Monday in April and October.  The Act was tested as part of the litigation in Flynn v. State, 203 Tenn. 341, 313 S.W.2d 249 (1958).
17. Acts of 1891, Chapter 11, amended Chapter 20, Acts of 1885 (Ex. Sess.), above, so as to require the Chancery Courts of Cannon County to be held hereafter on the second Monday in March and September of each year.
18. Acts of 1899, Chapter 427, reorganized the Equity Courts in Tennessee into ten Chancery Divisions.  The Fourth Divisions had in it the Counties of Cumberland, Pickett, Overton, Clay, Jackson, Putnam, White, DeKalb, Smith, Macon, Van Buren, Cannon, and Trousdale.  Court in Cannon County would meet on the first Monday in January and July.
19. Acts of 1903, Chapter 97, changed the Court terms of the Chancery Courts in the Fourth Division.  Cannon would start the two terms at Woodbury on the first Tuesday in January and July.
20. Acts of 1905, Chapter 120, changed the Court terms for some of the counties in the Fourth Chancery Division but Cannon remained on the first Tuesday after the first Monday in January and July.
21. Private Acts of 1911, Chapter 507, again rescheduled some of the terms of Court in the Fourth Chancery Division but did not change Cannon's terms.
22. Public Acts of 1931 (2nd Ex. Sess.), Chapter 38, rearranged the whole lower court system of the State into 14 Chancery Divisions.  The Fourth Divisions consisted of the Counties of Trousdale, Overton, Clay, Smith, Macon, Pickett, Fentress, Jackson, Cumberland, DeKalb, Morgan, White, Putnam, and Cannon whose Courts would open at Woodbury on the first Tuesday after the first Monday in January and July.  All future changes were by public act rather than private.