Tenn. Code Ann. § 29-5-118 — TN Code / Title 29 / Chapter 5 / Section 29-5-118
Judgment on award
Status: in_force

When the award is adopted, it is filed and entered on the records, and judgment shall be rendered including costs and fees to the arbitrators and any umpire, and execution or other necessary process awarded accordingly. Code 1858, § 3449 (deriv. Acts 1851-1852, ch. 173, § 3); Shan., § 5205; mod. Code 1932, § 9379; T.C.A. (orig. ed.), § 23-518.
When the award is adopted, it is filed and entered on the records, and judgment shall be rendered including costs and fees to the arbitrators and any umpire, and execution or other necessary process awarded accordingly.
Code 1858, § 3449 (deriv. Acts 1851-1852, ch. 173, § 3); Shan., § 5205; mod. Code 1932, § 9379; T.C.A. (orig. ed.), § 23-518.
Tenn. Code Ann. § 29-14-113 — TN Code / Title 29 / Chapter 14 / Section 29-14-113
Liberal construction
Status: in_force

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered. Acts 1923, ch. 29, § 12; Shan. Supp., § 4726a12; Code 1932, §8846; T.C.A. (orig. ed.), § 23-1113.
This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.
Acts 1923, ch. 29, § 12; Shan. Supp., § 4726a12; Code 1932, §8846; T.C.A. (orig. ed.), § 23-1113.
Tenn. Code Ann. § 29-38-102 — TN Code / Title 29 / Chapter 38 / Section 29-38-102
Purpose
Status: in_force

The purpose of this chapter is to provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure to drugs in utero, referred to in this chapter as "drug babies." The chapter will enable injured persons to recover damages from those persons in the community who have joined the illegal drug market. A further purpose of the chapter is to shift, to the extent possible, the cost of the damage caused by the existence of the illegal drug market in a community to those who illegally profit from that market. The further purpose of the chapter is to establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the illegal drug distribution market. The further purpose is to establish an incentive for drug users to identify and seek payment for their own drug treatment from those dealers who have sold drugs to the user in the past. Acts 2005, ch. 377, § 2.
The purpose of this chapter is to provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure to drugs in utero, referred to in this chapter as "drug babies." The chapter will enable injured persons to recover damages from those persons in the community who have joined the illegal drug market. A further purpose of the chapter is to shift, to the extent possible, the cost of the damage caused by the existence of the illegal drug market in a community to those who illegally profit from that market. The further purpose of the chapter is to establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the illegal drug distribution market. The further purpose is to establish an incentive for drug users to identify and seek payment for their own drug treatment from those dealers who have sold drugs to the user in the past.
Acts 2005, ch. 377, § 2.
Tenn. Code Ann. § 29-26-118 — TN Code / Title 29 / Chapter 26 / Section 29-26-118
Proving inadequacy of consent
Status: in_force

In a health care liability action, the plaintiff shall prove by evidence as required by § 29-26-115(b) that the defendant did not supply appropriate information to the patient in obtaining informed consent (to the procedure out of which plaintiff's claim allegedly arose) in accordance with the recognized standard of acceptable professional practice in the profession and in the specialty, if any, that the defendant practices in the community in which the defendant practices and in similar communities. Acts 1975, ch. 299, § 17; 1976, ch. 759, § 18; T.C.A., § 23-3417; Acts 2012 , ch. 798, § 10.
In a health care liability action, the plaintiff shall prove by evidence as required by § 29-26-115(b) that the defendant did not supply appropriate information to the patient in obtaining informed consent (to the procedure out of which plaintiff's claim allegedly arose) in accordance with the recognized standard of acceptable professional practice in the profession and in the specialty, if any, that the defendant practices in the community in which the defendant practices and in similar communities.
Acts 1975, ch. 299, § 17; 1976, ch. 759, § 18; T.C.A., § 23-3417; Acts 2012 , ch. 798, § 10.
Tenn. Code Ann. § 29-20-203 — TN Code / Title 29 / Chapter 20 / Section 29-20-203
Removal of immunity for injury from unsafe streets and highways - Notice required - Limitation of action for action related to trolley or light rail system
Status: in_force

(a) Immunity from suit of a governmental entity is removed for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity. "Street" or "highway" includes traffic control devices thereon. (b) This section shall not apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by [former] § 29-20-302 [repealed]. (c) Notwithstanding any law to the contrary, all actions, arbitrations, or other binding dispute resolution proceedings to recover damages for any deficiency in the design, planning, supervision, observation of construction, or construction of a trolley or light rail system, for injury to property, real or personal, arising out of any such deficiency, or for injury to the person or for wrongful death arising out of any such deficiency, must be brought against any governmental entity that owns, operates, or controls the trolley or light rail system within four (4) years after substantial completion of an improvement. Amended by 2021 Tenn. Acts, ch. 506, s 1, eff. 7/1/2021. Acts 1973, ch. 345, § 8; T.C.A., § 23-3309; Acts 1983, ch. 199, § 1.
(a) Immunity from suit of a governmental entity is removed for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity. "Street" or "highway" includes traffic control devices thereon.
(b) This section shall not apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by [former] § 29-20-302 [repealed].
(c) Notwithstanding any law to the contrary, all actions, arbitrations, or other binding dispute resolution proceedings to recover damages for any deficiency in the design, planning, supervision, observation of construction, or construction of a trolley or light rail system, for injury to property, real or personal, arising out of any such deficiency, or for injury to the person or for wrongful death arising out of any such deficiency, must be brought against any governmental entity that owns, operates, or controls the trolley or light rail system within four (4) years after substantial completion of an improvement.
Amended by 2021 Tenn. Acts, ch. 506, s 1, eff. 7/1/2021.
Acts 1973, ch. 345, § 8; T.C.A., § 23-3309; Acts 1983, ch. 199, § 1.
Tenn. Code Ann. § 29-6-137 — TN Code / Title 29 / Chapter 6 / Section 29-6-137
Postponement of judgment if debt attached before due
Status: in_force

If debts or choses in action not due are levied upon, no final judgment or decree shall be rendered until they become payable. Code 1858, § 3501; Shan., § 5261; Code 1932, § 9452; T.C.A. (orig. ed.), § 23-637.
If debts or choses in action not due are levied upon, no final judgment or decree shall be rendered until they become payable.
Code 1858, § 3501; Shan., § 5261; Code 1932, § 9452; T.C.A. (orig. ed.), § 23-637.
Tenn. Code Ann. § 29-26-117 — TN Code / Title 29 / Chapter 26 / Section 29-26-117
Plaintiff's demand for specific sum inadmissible during trial
Status: in_force

In a health care liability action the pleading filed by the plaintiff may state a demand for a specific sum, but such demand shall not be disclosed to the jury during a trial of the case notwithstanding § 20-9-302 to the contrary. Acts 1975, ch. 299, § 16; 1976, ch. 759, § 17; T.C.A., § 23-3416; Acts 2012 , ch. 798, § 9.
In a health care liability action the pleading filed by the plaintiff may state a demand for a specific sum, but such demand shall not be disclosed to the jury during a trial of the case notwithstanding § 20-9-302 to the contrary.
Acts 1975, ch. 299, § 16; 1976, ch. 759, § 17; T.C.A., § 23-3416; Acts 2012 , ch. 798, § 9.
Tenn. Code Ann. § 29-30-203 — TN Code / Title 29 / Chapter 30 / Section 29-30-203
Procedure after personal service but failure to get property
Status: in_force

If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those forms. Code 1858, § 3383 (deriv. Acts 1845-1846, ch. 65, § 12); Shan., § 5137; Code 1932, § 9292; Acts 1973, ch. 365, § 12(c); T.C.A. (orig. ed.), § 23-2310.
If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those forms.
Code 1858, § 3383 (deriv. Acts 1845-1846, ch. 65, § 12); Shan., § 5137; Code 1932, § 9292; Acts 1973, ch. 365, § 12(c); T.C.A. (orig. ed.), § 23-2310.
Tenn. Code Ann. § 29-17-801 — TN Code / Title 29 / Chapter 17 / Section 29-17-801
Payments into court at commencement of condemnation proceedings
Status: in_force

(a) When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the property or property rights be condemned and decreed to the condemner. (b) The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner. Acts 1957, ch. 298, § 1; 1967, ch. 20, § 1; T.C.A., § 23-1526; Acts 1981, ch. 525, §§ 1, 2; T.C.A. § 29-17-701 ; Acts 2006, ch. 863, §§ 1, 21.
(a) When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the property or property rights be condemned and decreed to the condemner.
(b) The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner.
Acts 1957, ch. 298, § 1; 1967, ch. 20, § 1; T.C.A., § 23-1526; Acts 1981, ch. 525, §§ 1, 2; T.C.A. § 29-17-701 ; Acts 2006, ch. 863, §§ 1, 21.
Tenn. Code Ann. § 29-34-608 — TN Code / Title 29 / Chapter 34 / Section 29-34-608
Failure to provide information - Sanctions
Status: in_force

A plaintiff who fails to provide all of the information required under this part is subject to sanctions as provided in the Tennessee Rules of Civil Procedure and any other relief for the defendant, or defendants, that the court considers just and proper. Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
A plaintiff who fails to provide all of the information required under this part is subject to sanctions as provided in the Tennessee Rules of Civil Procedure and any other relief for the defendant, or defendants, that the court considers just and proper.
Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-5-106 — TN Code / Title 29 / Chapter 5 / Section 29-5-106
Irrevocability of submission
Status: in_force

No such submission shall be revocable after the submission agreement is signed by the parties or entered of record, without leave of the court, except by mutual consent entered of record. Code 1858, § 3439 (deriv. Acts 1851-1852, ch. 173, § 2); Shan., § 5195; Code 1932, § 9367; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-506.
No such submission shall be revocable after the submission agreement is signed by the parties or entered of record, without leave of the court, except by mutual consent entered of record.
Code 1858, § 3439 (deriv. Acts 1851-1852, ch. 173, § 2); Shan., § 5195; Code 1932, § 9367; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-506.
Tenn. Code Ann. § 29-27-219 — TN Code / Title 29 / Chapter 27 / Section 29-27-219
Bond to refund proceeds of sale
Status: in_force

The court may, whenever the nature of the case demands, require all, or any of the parties, before they shall receive any share of the moneys arising from a sale under this chapter, to give approved security, in such sum as the court may direct, to refund such share, with interest thereon, in case it should thereafter appear that such party was not entitled thereto. Code 1858, § 3322; Shan., § 5071; Code 1932, § 9224; T.C.A. (orig. ed.), § 23-2152.
The court may, whenever the nature of the case demands, require all, or any of the parties, before they shall receive any share of the moneys arising from a sale under this chapter, to give approved security, in such sum as the court may direct, to refund such share, with interest thereon, in case it should thereafter appear that such party was not entitled thereto.
Code 1858, § 3322; Shan., § 5071; Code 1932, § 9224; T.C.A. (orig. ed.), § 23-2152.
Tenn. Code Ann. § 29-17-706 — TN Code / Title 29 / Chapter 17 / Section 29-17-706
Jury of view
Status: in_force

(a) In case any party to the suit shall demand the appointment of a jury of view, the presiding judge shall appoint a jury of view as provided for in §§ 29-16-108 - 29-16-110 and 29-16-202. (b) The order appointing the jury of view shall fix the date when they shall go upon the land; and in case no date is fixed, the sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of going upon the land. (c) The method of conduct and procedure after the appointment of the jury of view shall comply with §§ 29-16-112 - 29-16-119 and 29-16-203. Amended by 2014 Tenn. Acts, ch. 927,s 11, eff. 5/16/2014. Amended by 2014 Tenn. Acts, ch. 927,s 10, eff. 5/16/2014. Acts 1937, ch. 262, § 6; C. Supp. 1950, § 3170.6 (Williams, § 3171.6); T.C.A. (orig. ed.), § 23-1518; T.C.A. § 29-17-606; Acts 2006, ch. 863, § 1.
(a) In case any party to the suit shall demand the appointment of a jury of view, the presiding judge shall appoint a jury of view as provided for in §§ 29-16-108 - 29-16-110 and 29-16-202.
(b) The order appointing the jury of view shall fix the date when they shall go upon the land; and in case no date is fixed, the sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of going upon the land.
(c) The method of conduct and procedure after the appointment of the jury of view shall comply with §§ 29-16-112 - 29-16-119 and 29-16-203.
Amended by 2014 Tenn. Acts, ch. 927,s 11, eff. 5/16/2014.
Amended by 2014 Tenn. Acts, ch. 927,s 10, eff. 5/16/2014.
Acts 1937, ch. 262, § 6; C. Supp. 1950, § 3170.6 (Williams, § 3171.6); T.C.A. (orig. ed.), § 23-1518; T.C.A. § 29-17-606; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-5-317 — TN Code / Title 29 / Chapter 5 / Section 29-5-317
Representation by lawyer
Status: in_force

A party to an arbitration proceeding may be represented by a lawyer. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
A party to an arbitration proceeding may be represented by a lawyer.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-18-109 — TN Code / Title 29 / Chapter 18 / Section 29-18-109
Limitation of actions
Status: in_force

The uninterrupted occupation or quiet possession of the premises in controversy by the defendant, for the space of three (3) entire years together, immediately preceding the commencement of the action, is, if the estate of the defendant has not determined within that time, a bar to any proceeding under this chapter. Code 1858, § 3347 (deriv. Acts 1821, ch. 14, § 20); Shan., § 5096; Code 1932, § 9250; T.C.A. (orig. ed.), § 23-1609.
The uninterrupted occupation or quiet possession of the premises in controversy by the defendant, for the space of three (3) entire years together, immediately preceding the commencement of the action, is, if the estate of the defendant has not determined within that time, a bar to any proceeding under this chapter.
Code 1858, § 3347 (deriv. Acts 1821, ch. 14, § 20); Shan., § 5096; Code 1932, § 9250; T.C.A. (orig. ed.), § 23-1609.
Tenn. Code Ann. § 29-38-113 — TN Code / Title 29 / Chapter 38 / Section 29-38-113
Burden of proof - Estoppel of persons convicted under drug laws to deny participation in illegal drug market - Lack of criminal drug conviction no bar to action
Status: in_force

(a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. (b) A person against whom recovery is sought, who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236, 1970 ( 21 U.S.C. § 801 et seq.), is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction. (c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person. Acts 2005, ch. 377, § 13.
(a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b) A person against whom recovery is sought, who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236, 1970 ( 21 U.S.C. § 801 et seq.), is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction.
(c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Acts 2005, ch. 377, § 13.
Tenn. Code Ann. § 29-32-104 — TN Code / Title 29 / Chapter 32 / Section 29-32-104
Liability for failure to endorse
Status: in_force

The clerk who fails to make such endorsement is liable for costs, in the event judgment is against the party suing out the scire facias. Code 1858, § 3580 (deriv. Acts 1833, ch. 18, § 3); Shan., § 5344; Code 1932, § 9504; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2504.
The clerk who fails to make such endorsement is liable for costs, in the event judgment is against the party suing out the scire facias.
Code 1858, § 3580 (deriv. Acts 1833, ch. 18, § 3); Shan., § 5344; Code 1932, § 9504; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2504.
Tenn. Code Ann. § 29-35-113 — TN Code / Title 29 / Chapter 35 / Section 29-35-113
Extraordinary process
Status: in_force

The court is authorized, upon the filing of the bill, properly verified, in all proper cases, to grant attachments and injunctions, and appoint receivers to effect the ends of justice, and to make all such orders, rules, and decrees, according to the practice of a court of chancery, as may be necessary to accomplish the objects had in view. Code 1858, § 3417 (deriv. Acts 1845-1846, ch. 55, § 8; 1851-1852, ch. 172, §1); Shan., § 5173; Code 1932, § 9344; T.C.A. (orig. ed.), § 23-2813.
The court is authorized, upon the filing of the bill, properly verified, in all proper cases, to grant attachments and injunctions, and appoint receivers to effect the ends of justice, and to make all such orders, rules, and decrees, according to the practice of a court of chancery, as may be necessary to accomplish the objects had in view.
Code 1858, § 3417 (deriv. Acts 1845-1846, ch. 55, § 8; 1851-1852, ch. 172, §1); Shan., § 5173; Code 1932, § 9344; T.C.A. (orig. ed.), § 23-2813.
Tenn. Code Ann. § 29-30-209 — TN Code / Title 29 / Chapter 30 / Section 29-30-209
Failure to return goods under alternative judgment for defendant
Status: in_force

Where judgment has been rendered in the alternative, under § 29-30-208 , if the goods are not returned to the defendant, and the writ of fieri facias is returned unsatisfied, in whole or in part, the defendant may have an accordant final judgment over, by motion, without notice against plaintiff and plaintiff's sureties in the replevin bond, at the term of the court to which the fieri facias shall have been returned. The proceedings of the judgment final shall be a part of the record of the original cause. Acts 1885, ch. 59, § 1; Shan., § 5145; Code 1932, § 9300; T.C.A. (orig. ed.), § 23-2320.
Where judgment has been rendered in the alternative, under § 29-30-208 , if the goods are not returned to the defendant, and the writ of fieri facias is returned unsatisfied, in whole or in part, the defendant may have an accordant final judgment over, by motion, without notice against plaintiff and plaintiff's sureties in the replevin bond, at the term of the court to which the fieri facias shall have been returned. The proceedings of the judgment final shall be a part of the record of the original cause.
Acts 1885, ch. 59, § 1; Shan., § 5145; Code 1932, § 9300; T.C.A. (orig. ed.), § 23-2320.
Tenn. Code Ann. § 29-18-114 — TN Code / Title 29 / Chapter 18 / Section 29-18-114
Defects in proceedings
Status: in_force

The warrant need not set forth the particular species of entry or detainer, and any defect therein, or in any of the proceedings, may be amended as other process and pleadings in court. Code 1858, § 3350 (deriv. Acts 1841-1842, ch. 186, § 5); Shan., §5099; Code 1932, § 9253; T.C.A. (orig. ed.), § 23-1614.
The warrant need not set forth the particular species of entry or detainer, and any defect therein, or in any of the proceedings, may be amended as other process and pleadings in court.
Code 1858, § 3350 (deriv. Acts 1841-1842, ch. 186, § 5); Shan., §5099; Code 1932, § 9253; T.C.A. (orig. ed.), § 23-1614.
Tenn. Code Ann. § 29-5-101 — TN Code / Title 29 / Chapter 5 / Section 29-5-101
Subjects of arbitration
Status: in_force

All causes of action, whether there be a suit pending therefor or not, may be submitted to the decision of one (1) or more arbitrators, except in one (1) of the following cases: (1) Where one (1) of the parties to the controversy is an infant or a person adjudicated incompetent; (2) One (1) respecting a claim to an estate in real property, in fee or for life. Not included in the exception are: (A) A controversy in regard to an estate or term for one (1) year or less or of years not exceeding five (5); or (B) Respecting the partition of real property, or the boundaries of lands. Code 1858, § 3432 (deriv. Acts 1851-1852, ch. 173, §1); Shan., § 5188; mod. Code 1932, § 9359; T.C.A. (orig. ed.), § 23-501; Acts 2011 , ch. 47, § 19.
All causes of action, whether there be a suit pending therefor or not, may be submitted to the decision of one (1) or more arbitrators, except in one (1) of the following cases:
(1) Where one (1) of the parties to the controversy is an infant or a person adjudicated incompetent;
(2) One (1) respecting a claim to an estate in real property, in fee or for life. Not included in the exception are: (A) A controversy in regard to an estate or term for one (1) year or less or of years not exceeding five (5); or (B) Respecting the partition of real property, or the boundaries of lands.
(A) A controversy in regard to an estate or term for one (1) year or less or of years not exceeding five (5); or
(B) Respecting the partition of real property, or the boundaries of lands.
Code 1858, § 3432 (deriv. Acts 1851-1852, ch. 173, §1); Shan., § 5188; mod. Code 1932, § 9359; T.C.A. (orig. ed.), § 23-501; Acts 2011 , ch. 47, § 19.
Tenn. Code Ann. § 29-17-203 — TN Code / Title 29 / Chapter 17 / Section 29-17-203
Taking bridge property pending litigation
Status: in_force

Pending the assessment of damages or any litigation in regard thereto, in any case of authorized taking and condemnation, the counties may give bond, with good and sufficient security payable to the owner or owners of such lands, property, buildings, riparian, or property rights, privileges, or easements, to pay promptly to the owner or owners any amount of damages which may be assessed by the jury as provided for in § 29-17-202 ; and, upon executing and filing such bond, may thereupon take such lands, property, buildings, riparian and property rights and privileges and easements. Acts 1907, ch. 583, § 5; Shan., § 1880a27; mod. Code 1932, § 3161; T.C.A. (orig. ed.), § 23-1503; T.C.A. § 29-17-103 ; Acts 2006, ch. 863, § 1.
Pending the assessment of damages or any litigation in regard thereto, in any case of authorized taking and condemnation, the counties may give bond, with good and sufficient security payable to the owner or owners of such lands, property, buildings, riparian, or property rights, privileges, or easements, to pay promptly to the owner or owners any amount of damages which may be assessed by the jury as provided for in § 29-17-202 ; and, upon executing and filing such bond, may thereupon take such lands, property, buildings, riparian and property rights and privileges and easements.
Acts 1907, ch. 583, § 5; Shan., § 1880a27; mod. Code 1932, § 3161; T.C.A. (orig. ed.), § 23-1503; T.C.A. § 29-17-103 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-27-111 — TN Code / Title 29 / Chapter 27 / Section 29-27-111
Notice of petition
Status: in_force

(a) Notice of the petition, stating the time it is intended to present it, and the court at which it is to be presented, shall be served upon the parties who do not join in the petition, at least five (5) days before its presentation, or given by publication, as provided in subsection (b). (b) If any of the parties defendant are nonresidents or unknown, or of unknown residence, the court, or its clerk, may order and make publication for them, under this Code in like cases in chancery where personal service of process is dispensed with. Code 1858, §§ 3273, 3275 (deriv. Acts 1799, ch. 11, § 1; 1823, ch. 37, § 1); Shan., §§ 5021, 5023; Code 1932, §§ 9176, 9178; T.C.A. (orig. ed.), §§ 23-2111, 23-2112.
(a) Notice of the petition, stating the time it is intended to present it, and the court at which it is to be presented, shall be served upon the parties who do not join in the petition, at least five (5) days before its presentation, or given by publication, as provided in subsection (b).
(b) If any of the parties defendant are nonresidents or unknown, or of unknown residence, the court, or its clerk, may order and make publication for them, under this Code in like cases in chancery where personal service of process is dispensed with.
Code 1858, §§ 3273, 3275 (deriv. Acts 1799, ch. 11, § 1; 1823, ch. 37, § 1); Shan., §§ 5021, 5023; Code 1932, §§ 9176, 9178; T.C.A. (orig. ed.), §§ 23-2111, 23-2112.
Tenn. Code Ann. § 29-17-201 — TN Code / Title 29 / Chapter 17 / Section 29-17-201
County purposes
Status: in_force

Counties are empowered to condemn and take the property, buildings, privileges, rights, and easements of individuals and private corporations for any county purpose. Acts 1909, ch. 144, § 2; Shan., § 1880a17; impl. am. Acts 1917, ch. 114, § 1; mod. Code 1932, § 3159; T.C.A. (orig. ed.), § 23-1501; T.C.A. § 29-17-101 ; Acts 2006, ch. 863, § 1.
Counties are empowered to condemn and take the property, buildings, privileges, rights, and easements of individuals and private corporations for any county purpose.
Acts 1909, ch. 144, § 2; Shan., § 1880a17; impl. am. Acts 1917, ch. 114, § 1; mod. Code 1932, § 3159; T.C.A. (orig. ed.), § 23-1501; T.C.A. § 29-17-101 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-6-130 — TN Code / Title 29 / Chapter 6 / Section 29-6-130
Counterpart writs
Status: in_force

The officer granting the attachment may direct, upon proper application, that counterpart writs of attachment issue to any county in which property of the defendant may be found, or such counterparts may be subsequently applied for and obtained upon good cause shown. Code 1858, § 3465; Shan., § 5225; Code 1932, § 9412; T.C.A. (orig. ed.), § 23-630.
The officer granting the attachment may direct, upon proper application, that counterpart writs of attachment issue to any county in which property of the defendant may be found, or such counterparts may be subsequently applied for and obtained upon good cause shown.
Code 1858, § 3465; Shan., § 5225; Code 1932, § 9412; T.C.A. (orig. ed.), § 23-630.
Tenn. Code Ann. § 29-5-301 — TN Code / Title 29 / Chapter 5 / Section 29-5-301
Short title
Status: in_force

This part is known and may be cited as the "Uniform Arbitration Act." Repealed and reenacted by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023. Acts 1983, ch. 462, §§ 17, 23.
This part is known and may be cited as the "Uniform Arbitration Act."
Repealed and reenacted by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Acts 1983, ch. 462, §§ 17, 23.
Tenn. Code Ann. § 29-26-116 — TN Code / Title 29 / Chapter 26 / Section 29-26-116
Statute of limitations - Counterclaim for damages
Status: in_force

(a) (1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104 . (2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery. (3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists. (4) The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered. (b) In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, a counterclaim for damages for malicious prosecution (on the ground that the principal action was instituted with improper intent and without probable cause) or malicious abuse of process (on the ground that there was an improper use with improper intent of the process) in filing such action may be filed and litigated in the same action; provided, that the counterclaim shall be based upon substantial allegations. Acts 1975, ch. 299, § 15; 1976, ch. 759, § 16; T.C.A., § 23-3415; Acts 2012 , ch. 798, § 8.
(a) (1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104 . (2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery. (3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists. (4) The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.
(1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104 .
(2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery.
(3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists.
(4) The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.
(b) In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, a counterclaim for damages for malicious prosecution (on the ground that the principal action was instituted with improper intent and without probable cause) or malicious abuse of process (on the ground that there was an improper use with improper intent of the process) in filing such action may be filed and litigated in the same action; provided, that the counterclaim shall be based upon substantial allegations.
Acts 1975, ch. 299, § 15; 1976, ch. 759, § 16; T.C.A., § 23-3415; Acts 2012 , ch. 798, § 8.
Tenn. Code Ann. § 29-34-703 — TN Code / Title 29 / Chapter 34 / Section 29-34-703
Medical report and diagnosis - Evidence requirements - Information form - Dismissal without prejudice
Status: in_force

(a) A plaintiff in an asbestos action alleging a nonmalignant condition shall file within ninety (90) days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this part. The report shall not be prepared by a lawyer or person working for or on behalf of a lawyer or law firm. (b) A defendant in an asbestos action shall be afforded a reasonable opportunity before trial to challenge the adequacy of the prima facie evidence that the exposed person meets the requirements of this part. An asbestos action shall be dismissed without prejudice upon a finding that the exposed person has failed to make the prima facie showing required by this part. (c) A plaintiff in an asbestos action, including an action alleging a nonmalignant condition or a malignant condition, filed on or after July 1, 2021, shall file, within thirty (30) days of filing any complaint, an information form attested by plaintiff stating the evidence that provides the basis for each claim against each defendant. The information form must include all of the following to the best of the plaintiff's ability: (1) The name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person, and any person through which the exposed person alleges exposure; (2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged; (3) Each asbestos-containing product to which the person was exposed and each physical location at which the person was exposed to asbestos, or the other person was exposed if exposure was through another person; (4) The specific location and manner of each exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each exposure, the frequency of the exposure, and the identity of the manufacturer or seller of the specific asbestos product for each exposure; (5) The specific asbestos-related disease claimed to exist; and (6) Supporting documentation relating to subdivisions (c)(1)-(5) that is sufficient to establish the basis for each claim against each defendant. (d) A plaintiff has a continuing duty to supplement the information that is required to be disclosed in this section. (e) The court, on motion by a defendant, shall dismiss a plaintiff's asbestos claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection (c). (f) The court, on motion by a defendant, shall dismiss a plaintiff's asbestos claim without prejudice as to all defendants if the plaintiff fails to comply with the requirements of subsection (c). (g) Asbestos actions must be individually filed. No asbestos action filed on or after July 1, 2016, shall be permitted on behalf of a group or class of plaintiffs. Amended by 2021 Tenn. Acts, ch. 265, s 1, eff. 7/1/2021. Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
(a) A plaintiff in an asbestos action alleging a nonmalignant condition shall file within ninety (90) days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this part. The report shall not be prepared by a lawyer or person working for or on behalf of a lawyer or law firm.
(b) A defendant in an asbestos action shall be afforded a reasonable opportunity before trial to challenge the adequacy of the prima facie evidence that the exposed person meets the requirements of this part. An asbestos action shall be dismissed without prejudice upon a finding that the exposed person has failed to make the prima facie showing required by this part.
(c) A plaintiff in an asbestos action, including an action alleging a nonmalignant condition or a malignant condition, filed on or after July 1, 2021, shall file, within thirty (30) days of filing any complaint, an information form attested by plaintiff stating the evidence that provides the basis for each claim against each defendant. The information form must include all of the following to the best of the plaintiff's ability: (1) The name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person, and any person through which the exposed person alleges exposure; (2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged; (3) Each asbestos-containing product to which the person was exposed and each physical location at which the person was exposed to asbestos, or the other person was exposed if exposure was through another person; (4) The specific location and manner of each exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each exposure, the frequency of the exposure, and the identity of the manufacturer or seller of the specific asbestos product for each exposure; (5) The specific asbestos-related disease claimed to exist; and (6) Supporting documentation relating to subdivisions (c)(1)-(5) that is sufficient to establish the basis for each claim against each defendant.
(1) The name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person, and any person through which the exposed person alleges exposure;
(2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged;
(3) Each asbestos-containing product to which the person was exposed and each physical location at which the person was exposed to asbestos, or the other person was exposed if exposure was through another person;
(4) The specific location and manner of each exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each exposure, the frequency of the exposure, and the identity of the manufacturer or seller of the specific asbestos product for each exposure;
(5) The specific asbestos-related disease claimed to exist; and
(6) Supporting documentation relating to subdivisions (c)(1)-(5) that is sufficient to establish the basis for each claim against each defendant.
(d) A plaintiff has a continuing duty to supplement the information that is required to be disclosed in this section.
(e) The court, on motion by a defendant, shall dismiss a plaintiff's asbestos claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection (c).
(f) The court, on motion by a defendant, shall dismiss a plaintiff's asbestos claim without prejudice as to all defendants if the plaintiff fails to comply with the requirements of subsection (c).
(g) Asbestos actions must be individually filed. No asbestos action filed on or after July 1, 2016, shall be permitted on behalf of a group or class of plaintiffs.
Amended by 2021 Tenn. Acts, ch. 265, s 1, eff. 7/1/2021.
Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-17-907 — TN Code / Title 29 / Chapter 17 / Section 29-17-907
Default of owner - Case set for hearing
Status: in_force

If the owner does not appear and accept the amount deposited by the condemner as provided in § 29-17-904 or does not appear and ask for a trial as provided by § 29-17-905 , then the petition shall be taken as confessed and the case set for hearing upon the record and in the absence of the owner. Acts 1959, ch. 216, § 7; T.C.A., § 23-1534; T.C.A. § 29-17-807; Acts 2006, ch. 863, § 1.
If the owner does not appear and accept the amount deposited by the condemner as provided in § 29-17-904 or does not appear and ask for a trial as provided by § 29-17-905 , then the petition shall be taken as confessed and the case set for hearing upon the record and in the absence of the owner.
Acts 1959, ch. 216, § 7; T.C.A., § 23-1534; T.C.A. § 29-17-807; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-34-503 — TN Code / Title 29 / Chapter 34 / Section 29-34-503
Application of limitations
Status: in_force

(a) The limitations in § 29-34-504 shall apply to any successor corporation. (b) The limitations of § 29-34-504 shall not apply to: (1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, compiled in title 50, chapter 6, or a comparable workers' compensation law of another jurisdiction; (2) Any claim against a corporation that does not constitute a successor asbestos-related liability; (3) Any obligation under the National Labor Relations Act ( 29 U.S.C. § 151 et seq.), as amended or under any collective bargaining agreement; or (4) A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor. Added by 2013 Tenn. Acts, ch. 246, s 4, eff. 7/1/2013.
(a) The limitations in § 29-34-504 shall apply to any successor corporation.
(b) The limitations of § 29-34-504 shall not apply to: (1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, compiled in title 50, chapter 6, or a comparable workers' compensation law of another jurisdiction; (2) Any claim against a corporation that does not constitute a successor asbestos-related liability; (3) Any obligation under the National Labor Relations Act ( 29 U.S.C. § 151 et seq.), as amended or under any collective bargaining agreement; or (4) A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
(1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, compiled in title 50, chapter 6, or a comparable workers' compensation law of another jurisdiction;
(2) Any claim against a corporation that does not constitute a successor asbestos-related liability;
(3) Any obligation under the National Labor Relations Act ( 29 U.S.C. § 151 et seq.), as amended or under any collective bargaining agreement; or
(4) A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
Added by 2013 Tenn. Acts, ch. 246, s 4, eff. 7/1/2013.
Tenn. Code Ann. § 29-6-107 — TN Code / Title 29 / Chapter 6 / Section 29-6-107
Return of summons unserved
Status: in_force

(a) In any civil action, when the summons has been returned "not to be found in my county," as to all or any one of the defendants, residents of the county, the plaintiff may have an alias and pluries summons for the defendant, or, at plaintiff's election, sue out attachment against the estate of such defendant. (b) Upon the return of the attachment levied on any property of the defendant, the cause proceeds against such defendant in all respects as if originally commenced by attachment. Code 1858, §§ 3466, 3467 (deriv. Acts 1794, ch. 1, § 17); Shan., §§ 5226, 5227; Code 1932, §§ 9413, 9414; T.C.A. (orig. ed.), § 23-607.
(a) In any civil action, when the summons has been returned "not to be found in my county," as to all or any one of the defendants, residents of the county, the plaintiff may have an alias and pluries summons for the defendant, or, at plaintiff's election, sue out attachment against the estate of such defendant.
(b) Upon the return of the attachment levied on any property of the defendant, the cause proceeds against such defendant in all respects as if originally commenced by attachment.
Code 1858, §§ 3466, 3467 (deriv. Acts 1794, ch. 1, § 17); Shan., §§ 5226, 5227; Code 1932, §§ 9413, 9414; T.C.A. (orig. ed.), § 23-607.
Tenn. Code Ann. § 29-17-903 — TN Code / Title 29 / Chapter 17 / Section 29-17-903
Payments into court at commencement of condemnation proceedings - Notice - Possession of property
Status: in_force

(a) When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the same be condemned and decreed to the condemner. (b) The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in the case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner. (c) Notice of the filing of such petition shall be given the owner of the property or property rights at least thirty (30) days prior to the taking of any additional steps in the case. If the owner is a nonresident of the state or unknown, notice shall be given by publication as provided by law in similar cases in chancery. (d) After the expiration of thirty (30) days from the date of the giving of such notice if the right to take is not questioned, the condemner shall have the right to take possession of the property or property rights sought to be condemned, and if necessary to place such condemner in possession thereof, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession. Acts 1959, ch. 216, § 3; T.C.A., § 23-1530; T.C.A. § 29-17-803; Acts 2006, ch. 863, §§ 1, 17, 22, 23.
(a) When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the same be condemned and decreed to the condemner.
(b) The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in the case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner.
(c) Notice of the filing of such petition shall be given the owner of the property or property rights at least thirty (30) days prior to the taking of any additional steps in the case. If the owner is a nonresident of the state or unknown, notice shall be given by publication as provided by law in similar cases in chancery.
(d) After the expiration of thirty (30) days from the date of the giving of such notice if the right to take is not questioned, the condemner shall have the right to take possession of the property or property rights sought to be condemned, and if necessary to place such condemner in possession thereof, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession.
Acts 1959, ch. 216, § 3; T.C.A., § 23-1530; T.C.A. § 29-17-803; Acts 2006, ch. 863, §§ 1, 17, 22, 23.
Tenn. Code Ann. § 29-18-110 — TN Code / Title 29 / Chapter 18 / Section 29-18-110
Death of parties
Status: in_force

(a) The heir or representative of the person who might have been plaintiff, if alive, may bring the suit after the potential plantiff's death. (b) If either party die during the pendency of the suit, it may be revived by or against the heirs or legal representatives of the decedent, in the same manner and to the same extent as real actions. Code 1858, §§ 3368, 3369 (deriv. Acts 1849-1850, ch. 113, § 1); Shan., §§ 5118, 5119; Code 1932, §§ 9273, 9274; T.C.A. (orig. ed.), § 23-1610.
(a) The heir or representative of the person who might have been plaintiff, if alive, may bring the suit after the potential plantiff's death.
(b) If either party die during the pendency of the suit, it may be revived by or against the heirs or legal representatives of the decedent, in the same manner and to the same extent as real actions.
Code 1858, §§ 3368, 3369 (deriv. Acts 1849-1850, ch. 113, § 1); Shan., §§ 5118, 5119; Code 1932, §§ 9273, 9274; T.C.A. (orig. ed.), § 23-1610.
Tenn. Code Ann. § 29-34-801 — TN Code / Title 29 / Chapter 34 / Section 29-34-801
[Repealed]
Status: repealed

Added by 2020EX2 Tenn. Acts, ch. 1, s 1, eff. 8/17/2020.
Tenn. Code Ann. § 29-30-216 — TN Code / Title 29 / Chapter 30 / Section 29-30-216
Fees before general sessions court
Status: in_force

The following fees shall be allowed in such suit: (1) For issuing the writ .................... $1.00; (2) For rendering the judgment .................... $0.75; (3) To the constable, for executing the writ .................... $3.00. Code 1858, § 3399; Shan., § 5154; Code 1932, § 9309; impl. am. Acts 1945, ch. 178, § 1; impl. am. Acts 1951, ch. 156, § 1; impl. am. Acts 1951, ch. 165, § 1; impl. am. Acts 1953, ch. 178, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2327.
The following fees shall be allowed in such suit:
(1) For issuing the writ .................... $1.00;
(2) For rendering the judgment .................... $0.75;
(3) To the constable, for executing the writ .................... $3.00.
Code 1858, § 3399; Shan., § 5154; Code 1932, § 9309; impl. am. Acts 1945, ch. 178, § 1; impl. am. Acts 1951, ch. 156, § 1; impl. am. Acts 1951, ch. 165, § 1; impl. am. Acts 1953, ch. 178, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2327.
Tenn. Code Ann. § 29-34-601 — TN Code / Title 29 / Chapter 34 / Section 29-34-601
Short title
Status: in_force

This part shall be known and may be cited as the "Asbestos Bankruptcy Trust Claims Transparency Act." Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
This part shall be known and may be cited as the "Asbestos Bankruptcy Trust Claims Transparency Act."
Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-25-108 — TN Code / Title 29 / Chapter 25 / Section 29-25-108
Judgment
Status: in_force

(a) When the defendant makes default, or a decision is made against the defendant after appearance, the court shall direct a peremptory mandamus to issue forthwith. (b) Should the decision be adverse to the petitioner, the petition or bill shall be dismissed with costs. Code 1858, § 3574 (deriv. Acts 1831, ch. 51, § 7); Shan., § 5338; Code 1932, § 9498; T.C.A. (orig. ed.), § 23-2008.
(a) When the defendant makes default, or a decision is made against the defendant after appearance, the court shall direct a peremptory mandamus to issue forthwith.
(b) Should the decision be adverse to the petitioner, the petition or bill shall be dismissed with costs.
Code 1858, § 3574 (deriv. Acts 1831, ch. 51, § 7); Shan., § 5338; Code 1932, § 9498; T.C.A. (orig. ed.), § 23-2008.
Tenn. Code Ann. § 29-20-104 — TN Code / Title 29 / Chapter 20 / Section 29-20-104
Applicability of other laws
Status: in_force

(a) Sections 7-31-103 , 7-31-112 , [former] 7-51-202 [repealed] and 7-51-203, and all other acts or statutes in conflict with this chapter shall only be applicable to governmental entities exercising their right not to come under this chapter as provided for by § 29-20-103 . (b) Notwithstanding any other law to the contrary, §§ 28-1-106 - 28-1-108 shall apply in causes of action arising pursuant to this chapter. Acts 1973, ch. 345, § 30; 1980, ch. 828, § 1; T.C.A., § 23-3304.
(a) Sections 7-31-103 , 7-31-112 , [former] 7-51-202 [repealed] and 7-51-203, and all other acts or statutes in conflict with this chapter shall only be applicable to governmental entities exercising their right not to come under this chapter as provided for by § 29-20-103 .
(b) Notwithstanding any other law to the contrary, §§ 28-1-106 - 28-1-108 shall apply in causes of action arising pursuant to this chapter.
Acts 1973, ch. 345, § 30; 1980, ch. 828, § 1; T.C.A., § 23-3304.
Tenn. Code Ann. § 29-16-125 — TN Code / Title 29 / Chapter 16 / Section 29-16-125
Compensation of jurors - Limitation on compulsive service
Status: in_force

(a) The courts having jurisdiction of eminent domain proceedings are hereby authorized and empowered to fix the per diem of jurors who serve as members of juries of view in an amount not exceeding ten dollars ($10.00) per day, and the courts shall have no power or authority to fix an additional amount of remuneration for such jurors. (b) (1) Provisions of this section relating to compensation shall not repeal or apply to jurors in any county or counties wherein the per diem of jurors of view is fixed in an amount less than ten dollars ($10.00) per day by any private act or acts heretofore or hereafter passed. (2) In counties of this state having a population of not less than two hundred thousand (200,000), according to the federal population census of 1960 or any subsequent federal population census, the amount shall not exceed one hundred dollars ($100) per day; provided, that by majority vote of the county legislative body occurring prior to January 1, 1998, such amount may be alternatively set at a level not to exceed twenty-five dollars ($25.00) per day. (c) No person shall be compelled to serve as a member of a jury of view more often than once every two (2) years. Acts 1961, ch. 298, § 1; T.C.A., §23-1425; modified; Acts 1997 , ch. 427, §§ 1, 2.
(a) The courts having jurisdiction of eminent domain proceedings are hereby authorized and empowered to fix the per diem of jurors who serve as members of juries of view in an amount not exceeding ten dollars ($10.00) per day, and the courts shall have no power or authority to fix an additional amount of remuneration for such jurors.
(b) (1) Provisions of this section relating to compensation shall not repeal or apply to jurors in any county or counties wherein the per diem of jurors of view is fixed in an amount less than ten dollars ($10.00) per day by any private act or acts heretofore or hereafter passed. (2) In counties of this state having a population of not less than two hundred thousand (200,000), according to the federal population census of 1960 or any subsequent federal population census, the amount shall not exceed one hundred dollars ($100) per day; provided, that by majority vote of the county legislative body occurring prior to January 1, 1998, such amount may be alternatively set at a level not to exceed twenty-five dollars ($25.00) per day.
(1) Provisions of this section relating to compensation shall not repeal or apply to jurors in any county or counties wherein the per diem of jurors of view is fixed in an amount less than ten dollars ($10.00) per day by any private act or acts heretofore or hereafter passed.
(2) In counties of this state having a population of not less than two hundred thousand (200,000), according to the federal population census of 1960 or any subsequent federal population census, the amount shall not exceed one hundred dollars ($100) per day; provided, that by majority vote of the county legislative body occurring prior to January 1, 1998, such amount may be alternatively set at a level not to exceed twenty-five dollars ($25.00) per day.
(c) No person shall be compelled to serve as a member of a jury of view more often than once every two (2) years.
Acts 1961, ch. 298, § 1; T.C.A., §23-1425; modified; Acts 1997 , ch. 427, §§ 1, 2.
Tenn. Code Ann. § 29-21-122 — TN Code / Title 29 / Chapter 21 / Section 29-21-122
Discharge of plaintiff or remand to custody
Status: in_force

(a) If no sufficient legal cause of detention is shown, the plaintiff shall be discharged. (b) The party detained shall be remanded to custody: (1) If it appears the party is detained by virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction; (2) Where the time during which such party may be legally detained has not expired; or (3) In every case in which the detention is authorized by law. Code 1858, §§ 3751, 3761; Shan., §§ 5531, 5541; Code 1932, §§ 9701, 9711; T.C.A. (orig. ed.), §§ 23-1830, 23-1831; modified.
(a) If no sufficient legal cause of detention is shown, the plaintiff shall be discharged.
(b) The party detained shall be remanded to custody: (1) If it appears the party is detained by virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction; (2) Where the time during which such party may be legally detained has not expired; or (3) In every case in which the detention is authorized by law.
(1) If it appears the party is detained by virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction;
(2) Where the time during which such party may be legally detained has not expired; or
(3) In every case in which the detention is authorized by law.
Code 1858, §§ 3751, 3761; Shan., §§ 5531, 5541; Code 1932, §§ 9701, 9711; T.C.A. (orig. ed.), §§ 23-1830, 23-1831; modified.
Tenn. Code Ann. § 29-20-305 — TN Code / Title 29 / Chapter 20 / Section 29-20-305
Action in circuit court generally - General sessions court in certain counties
Status: in_force

(a) If the claim is denied, a claimant may institute an action in the circuit court against the governmental entity in those circumstances where immunity from suit has been removed as provided for in this chapter; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, an action under this section may also be instituted in the general sessions court. (b) The action must be commenced within twelve (12) months after the cause of action arises. Acts 1973, ch. 345, § 15; T.C.A., § 23-3317; Acts 1981, ch. 527, § 3; 2011 , ch. 180, § 1.
(a) If the claim is denied, a claimant may institute an action in the circuit court against the governmental entity in those circumstances where immunity from suit has been removed as provided for in this chapter; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, an action under this section may also be instituted in the general sessions court.
(b) The action must be commenced within twelve (12) months after the cause of action arises.
Acts 1973, ch. 345, § 15; T.C.A., § 23-3317; Acts 1981, ch. 527, § 3; 2011 , ch. 180, § 1.
Tenn. Code Ann. § 29-14-110 — TN Code / Title 29 / Chapter 14 / Section 29-14-110
Additional relief
Status: in_force

(a) Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. (b) The application therefor shall be by petition to a court having jurisdiction to grant the relief. (c) If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith. Acts 1923, ch. 29, § 8; Shan. Supp., § 4726a8; Code 1932, §8842; T.C.A. (orig. ed.), § 23-1110.
(a) Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper.
(b) The application therefor shall be by petition to a court having jurisdiction to grant the relief.
(c) If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
Acts 1923, ch. 29, § 8; Shan. Supp., § 4726a8; Code 1932, §8842; T.C.A. (orig. ed.), § 23-1110.
Tenn. Code Ann. § 29-30-109 — TN Code / Title 29 / Chapter 30 / Section 29-30-109
Execution of appeal bond
Status: in_force

In the event an appeal is perfected to the supreme court or to the court of appeals, or to the circuit court from such judgment, the appellant shall execute an appeal bond as is otherwise provided for by law. Acts 1973, ch. 365, § 9; T.C.A., § 23-2349.
In the event an appeal is perfected to the supreme court or to the court of appeals, or to the circuit court from such judgment, the appellant shall execute an appeal bond as is otherwise provided for by law.
Acts 1973, ch. 365, § 9; T.C.A., § 23-2349.
Tenn. Code Ann. § 29-37-105 — TN Code / Title 29 / Chapter 37 / Section 29-37-105
Exceptions
Status: in_force

This chapter shall not apply to: (1) Proceedings or actions involving the employment, discipline, or discharge of wages, hours and working conditions of employees; (2) Proceedings or actions wherein the state or local government, through any of its departments, institutions or agencies is exercising its power of condemnation or eminent domain; (3) Proceedings or actions involving the payment or collection of revenue if the court determines that: (A) The small business taxpayer has not exhausted the administrative remedies available to taxpayers to resolve disputed tax matters; or (B) The small business taxpayer has acted in bad faith with regard to attempts to ascertain tax liability or to collect a tax; (4) Any action taken by the department of revenue pursuant to title 67, chapter 1, part 15; (5) Actions taken during the time of a civil emergency; or (6) The proceedings or actions required by a state or federal law or federal regulation. Acts 1984, ch. 495, § 5; 1989, ch. 365, §§ 7-12.
This chapter shall not apply to:
(1) Proceedings or actions involving the employment, discipline, or discharge of wages, hours and working conditions of employees;
(2) Proceedings or actions wherein the state or local government, through any of its departments, institutions or agencies is exercising its power of condemnation or eminent domain;
(3) Proceedings or actions involving the payment or collection of revenue if the court determines that: (A) The small business taxpayer has not exhausted the administrative remedies available to taxpayers to resolve disputed tax matters; or (B) The small business taxpayer has acted in bad faith with regard to attempts to ascertain tax liability or to collect a tax;
(A) The small business taxpayer has not exhausted the administrative remedies available to taxpayers to resolve disputed tax matters; or
(B) The small business taxpayer has acted in bad faith with regard to attempts to ascertain tax liability or to collect a tax;
(4) Any action taken by the department of revenue pursuant to title 67, chapter 1, part 15;
(5) Actions taken during the time of a civil emergency; or
(6) The proceedings or actions required by a state or federal law or federal regulation.
Acts 1984, ch. 495, § 5; 1989, ch. 365, §§ 7-12.
Tenn. Code Ann. § 29-18-123 — TN Code / Title 29 / Chapter 18 / Section 29-18-123
Bond to confess judgment at termination of lease - Judgment and writ
Status: in_force

(a) Any person, granting a lease of lands, tenements, and hereditaments, may incorporate or take from the tenant a bond covenanting to deliver possession of the rented premises on the day specified therein as the end of the term of the lease, and further authorizing the party from whom the premises are rented, or any other person whose name may be mentioned as attorney, in case possession of the premises is not delivered in conformity with the lease, to appear on any day of the term of any court having jurisdiction in such case, the term of such court to be expressly named, and the premises to be sufficiently described in the bond, and then and there, in the name of the party executing the bond, confess a judgment for possession of the rented premises. (b) Upon presentation of the bond, and satisfactory proof of its execution, the court shall enter judgment for possession and also for costs of the proceeding, in favor of the party granting the lease against the tenant thus unlawfully holding over. (c) The writ of possession shall have effect to dispossess any party in possession who holds as assignee or sublessee of the original tenant. Acts 1869-1870, ch. 64, §§ 3-5; Shan., §§ 5124-5126; mod. Code 1932, §§ 9279-9281; T.C.A. (orig. ed.), §§ 23-1624, 23-1625.
(a) Any person, granting a lease of lands, tenements, and hereditaments, may incorporate or take from the tenant a bond covenanting to deliver possession of the rented premises on the day specified therein as the end of the term of the lease, and further authorizing the party from whom the premises are rented, or any other person whose name may be mentioned as attorney, in case possession of the premises is not delivered in conformity with the lease, to appear on any day of the term of any court having jurisdiction in such case, the term of such court to be expressly named, and the premises to be sufficiently described in the bond, and then and there, in the name of the party executing the bond, confess a judgment for possession of the rented premises.
(b) Upon presentation of the bond, and satisfactory proof of its execution, the court shall enter judgment for possession and also for costs of the proceeding, in favor of the party granting the lease against the tenant thus unlawfully holding over.
(c) The writ of possession shall have effect to dispossess any party in possession who holds as assignee or sublessee of the original tenant.
Acts 1869-1870, ch. 64, §§ 3-5; Shan., §§ 5124-5126; mod. Code 1932, §§ 9279-9281; T.C.A. (orig. ed.), §§ 23-1624, 23-1625.
Tenn. Code Ann. § 29-27-212 — TN Code / Title 29 / Chapter 27 / Section 29-27-212
Sale subject to encumbrance
Status: in_force

Sales made without reference to the encumbrances are subject thereto, and do not affect the right of such encumbrancers in any way. Code 1858, § 3314; Shan., § 5063; Code 1932, § 9218; T.C.A. (orig. ed.), § 23-2142.
Sales made without reference to the encumbrances are subject thereto, and do not affect the right of such encumbrancers in any way.
Code 1858, § 3314; Shan., § 5063; Code 1932, § 9218; T.C.A. (orig. ed.), § 23-2142.
Tenn. Code Ann. § 29-41-103 — TN Code / Title 29 / Chapter 41 / Section 29-41-103
Defendant's right to raise claim - Hearing on court's own motion
Status: in_force

(a) If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant: (1) In the answer to the civil action; or (2) By motion made at any time during the civil action. (b) The court may, on its own motion, determine that a hearing pursuant to § 29-41-104 is necessary to determine if the civil action is an abusive civil action. Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
(a) If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant: (1) In the answer to the civil action; or (2) By motion made at any time during the civil action.
(1) In the answer to the civil action; or
(2) By motion made at any time during the civil action.
(b) The court may, on its own motion, determine that a hearing pursuant to § 29-41-104 is necessary to determine if the civil action is an abusive civil action.
Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-4-101 — TN Code / Title 29 / Chapter 4 / Section 29-4-101
Agreement to submit - Court to which submitted
Status: in_force

The same parties who are entitled to enter into an agreement of submission to arbitration, and including contestants' titles to real property, may, in like manner, with or without action brought, agree upon a case containing the facts upon which the controversy depends, and submit the same to the circuit or chancery court of the county in which either of the parties resides, or in which a suit might have been brought to determine such controversy. Code 1858, § 3450 (deriv. Acts 1851-1852, ch. 173, § 5); Shan., §5206; mod. Code 1932, § 9383; T.C.A. (orig. ed.), § 23-401.
The same parties who are entitled to enter into an agreement of submission to arbitration, and including contestants' titles to real property, may, in like manner, with or without action brought, agree upon a case containing the facts upon which the controversy depends, and submit the same to the circuit or chancery court of the county in which either of the parties resides, or in which a suit might have been brought to determine such controversy.
Code 1858, § 3450 (deriv. Acts 1851-1852, ch. 173, § 5); Shan., §5206; mod. Code 1932, § 9383; T.C.A. (orig. ed.), § 23-401.
Tenn. Code Ann. § 29-10-101 — TN Code / Title 29 / Chapter 10 / Section 29-10-101
Chapter definitions
Status: in_force

In this chapter: (1) "Affiliated person" means a person under common ownership or control of an intended recipient; (2) "Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation; and (3) "Person" means any natural person, partnership, corporation, company, trust, business entity or association, and any agent, employee, partner, officer, director, member, associate, or trustee thereof. Acts 2014 , ch. 879, § 1.
In this chapter:
(1) "Affiliated person" means a person under common ownership or control of an intended recipient;
(2) "Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation; and
(3) "Person" means any natural person, partnership, corporation, company, trust, business entity or association, and any agent, employee, partner, officer, director, member, associate, or trustee thereof.
Acts 2014 , ch. 879, § 1.
Tenn. Code Ann. § 29-20-304 — TN Code / Title 29 / Chapter 20 / Section 29-20-304
Approval or denial of claim - Period for answering claim, action or suit
Status: in_force

(a) A governmental entity or employee shall have sixty (60) days in which to answer or otherwise respond to any claim, action, or suit brought pursuant to this chapter. (b) A claim shall be deemed to have been denied if at the end of the sixty-day period the governmental entity or its insurance carrier has failed to approve or deny the claim. Acts 1973, ch. 345, § 14; T.C.A., § 23-3316; Acts 1987, ch. 405, § 8.
(a) A governmental entity or employee shall have sixty (60) days in which to answer or otherwise respond to any claim, action, or suit brought pursuant to this chapter.
(b) A claim shall be deemed to have been denied if at the end of the sixty-day period the governmental entity or its insurance carrier has failed to approve or deny the claim.
Acts 1973, ch. 345, § 14; T.C.A., § 23-3316; Acts 1987, ch. 405, § 8.
Tenn. Code Ann. § 29-27-119 — TN Code / Title 29 / Chapter 27 / Section 29-27-119
Confirmation of report - Decree
Status: in_force

Upon the coming in of the report, unless set aside for good cause shown, upon exception, the court shall confirm the same, and divest and vest title according to its terms, giving a decree in proper cases in favor of those to whom smaller shares have been allotted against those having the larger shares, for the amounts reported, which decree is a lien on such larger shares until paid. Where there are infants whose shares are thus charged, the court shall direct the money to be paid out of their personal estate, if any. Code 1858, §§ 3284, 3285 (deriv. Acts 1853-1854, ch. 48, § 4); Shan., §§ 5032, 5033; Code 1932, §§ 9187, 9188; T.C.A. (orig. ed.), § 23-2123.
Upon the coming in of the report, unless set aside for good cause shown, upon exception, the court shall confirm the same, and divest and vest title according to its terms, giving a decree in proper cases in favor of those to whom smaller shares have been allotted against those having the larger shares, for the amounts reported, which decree is a lien on such larger shares until paid. Where there are infants whose shares are thus charged, the court shall direct the money to be paid out of their personal estate, if any.
Code 1858, §§ 3284, 3285 (deriv. Acts 1853-1854, ch. 48, § 4); Shan., §§ 5032, 5033; Code 1932, §§ 9187, 9188; T.C.A. (orig. ed.), § 23-2123.
Tenn. Code Ann. § 29-16-117 — TN Code / Title 29 / Chapter 16 / Section 29-16-117
Setting aside report
Status: in_force

Either party may object to the report of the jury, and the same may, on good cause shown, be set aside, and a new writ of inquiry awarded. Code 1858, § 1341 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1860; Code 1932, § 3125; T.C.A. (orig. ed.), § 23-1417.
Either party may object to the report of the jury, and the same may, on good cause shown, be set aside, and a new writ of inquiry awarded.
Code 1858, § 1341 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1860; Code 1932, § 3125; T.C.A. (orig. ed.), § 23-1417.
Tenn. Code Ann. § 29-6-111 — TN Code / Title 29 / Chapter 6 / Section 29-6-111
Attachment by chancery on legal debts
Status: in_force

Any person may also sue out an attachment in the chancery court, upon debts or demands of a purely legal nature, except causes of action founded on torts, without first having recovered a judgment at law, whenever the amount in controversy is sufficient to give the court jurisdiction. Code 1858, § 3461 (deriv. Acts 1835-1836, ch. 43, § 1; 1837-1838, ch. 166, §1); Shan., § 5218; Code 1932, § 9405; T.C.A. (orig. ed.), § 23-611.
Any person may also sue out an attachment in the chancery court, upon debts or demands of a purely legal nature, except causes of action founded on torts, without first having recovered a judgment at law, whenever the amount in controversy is sufficient to give the court jurisdiction.
Code 1858, § 3461 (deriv. Acts 1835-1836, ch. 43, § 1; 1837-1838, ch. 166, §1); Shan., § 5218; Code 1932, § 9405; T.C.A. (orig. ed.), § 23-611.
Tenn. Code Ann. § 29-6-164 — TN Code / Title 29 / Chapter 6 / Section 29-6-164
Death of defendant
Status: in_force

The death of the defendant proceeded against by attachment, without personal service, whether the death occur before or after the commencement of the action, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of final judgment or decree, to make themselves parties by petition showing merits verified by affidavit, and contest the plaintiff's demand. Code 1858, § 3533; Shan., § 5293; Code 1932, § 9485; T.C.A. (orig. ed.), § 23-664.
The death of the defendant proceeded against by attachment, without personal service, whether the death occur before or after the commencement of the action, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of final judgment or decree, to make themselves parties by petition showing merits verified by affidavit, and contest the plaintiff's demand.
Code 1858, § 3533; Shan., § 5293; Code 1932, § 9485; T.C.A. (orig. ed.), § 23-664.
Tenn. Code Ann. § 29-19-106 — TN Code / Title 29 / Chapter 19 / Section 29-19-106
Action by creditor
Status: in_force

After the expiration of the time prescribed in § 29-19-105 , and within twelve (12) months thereafter, any creditor of such losing party may, by garnishment or action, recover the amount of such money, thing, or its value, in satisfaction of so much of the creditor's debt. Code 1858, § 1773; Shan., § 3163; Code 1932, § 7816; T.C.A. (orig. ed.), § 23-1706.
After the expiration of the time prescribed in § 29-19-105 , and within twelve (12) months thereafter, any creditor of such losing party may, by garnishment or action, recover the amount of such money, thing, or its value, in satisfaction of so much of the creditor's debt.
Code 1858, § 1773; Shan., § 3163; Code 1932, § 7816; T.C.A. (orig. ed.), § 23-1706.
Tenn. Code Ann. § 29-6-162 — TN Code / Title 29 / Chapter 6 / Section 29-6-162
Action on attachment bond
Status: in_force

(a) In all other cases of judgment or decree by default, the defendant cannot deny or put in issue the ground upon which the attachment was issued, but may, at any time thereafter, and within one (1) year after the suing out of the attachment, commence an action on the attachment bond, and may recover such damages as the defendant has actually sustained for wrongfully suing out the attachment. (b) If sued out maliciously, as well as wrongfully, the jury may, on the trial of such action, give vindictive damages. Code 1858, §§ 3530, 3531; Shan., §§ 5290, 5291; Code 1932, §§ 9482, 9483; T.C.A. (orig. ed.), § 23-662.
(a) In all other cases of judgment or decree by default, the defendant cannot deny or put in issue the ground upon which the attachment was issued, but may, at any time thereafter, and within one (1) year after the suing out of the attachment, commence an action on the attachment bond, and may recover such damages as the defendant has actually sustained for wrongfully suing out the attachment.
(b) If sued out maliciously, as well as wrongfully, the jury may, on the trial of such action, give vindictive damages.
Code 1858, §§ 3530, 3531; Shan., §§ 5290, 5291; Code 1932, §§ 9482, 9483; T.C.A. (orig. ed.), § 23-662.
Tenn. Code Ann. § 29-30-210 — TN Code / Title 29 / Chapter 30 / Section 29-30-210
Exemplary damages
Status: in_force

(a) The jury may, in proper cases, give exemplary damages in favor of either party. (b) In all cases where the plaintiff fails to prosecute the suit with effect, the jury may make such valuation as will be likely to effect a return of the property to the defendant, if the character of the property is such as to make the return of the specific property important. Code 1858, § 3391; Shan., § 5146; Code 1932, § 9301; T.C.A. (orig. ed.), § 23-2321.
(a) The jury may, in proper cases, give exemplary damages in favor of either party.
(b) In all cases where the plaintiff fails to prosecute the suit with effect, the jury may make such valuation as will be likely to effect a return of the property to the defendant, if the character of the property is such as to make the return of the specific property important.
Code 1858, § 3391; Shan., § 5146; Code 1932, § 9301; T.C.A. (orig. ed.), § 23-2321.
Tenn. Code Ann. § 29-9-103 — TN Code / Title 29 / Chapter 9 / Section 29-9-103
Punishment
Status: in_force

(a) The punishment for contempt may be by fine or by imprisonment, or both. (b) Where not otherwise specially provided, the circuit, chancery, and appellate courts are limited to a fine of fifty dollars ($50.00), and imprisonment not exceeding ten (10) days, and, except as provided in § 29-9-108 , all other courts are limited to a fine of ten dollars ($10.00). Code 1858, § 4107; Shan., § 5919; Code 1932, § 10120; T.C.A. (orig. ed.), § 23-903; Acts 1985, ch. 438, § 1.
(a) The punishment for contempt may be by fine or by imprisonment, or both.
(b) Where not otherwise specially provided, the circuit, chancery, and appellate courts are limited to a fine of fifty dollars ($50.00), and imprisonment not exceeding ten (10) days, and, except as provided in § 29-9-108 , all other courts are limited to a fine of ten dollars ($10.00).
Code 1858, § 4107; Shan., § 5919; Code 1932, § 10120; T.C.A. (orig. ed.), § 23-903; Acts 1985, ch. 438, § 1.
Tenn. Code Ann. § 29-7-119 — TN Code / Title 29 / Chapter 7 / Section 29-7-119
Appeal
Status: in_force

An appeal lies in all garnishment cases, at the instance of the plaintiff, the defendant, or the garnishee. Code 1858, § 3492; Shan., § 5252; Code 1932, § 9443; T.C.A. (orig. ed.), § 23-719.
An appeal lies in all garnishment cases, at the instance of the plaintiff, the defendant, or the garnishee.
Code 1858, § 3492; Shan., § 5252; Code 1932, § 9443; T.C.A. (orig. ed.), § 23-719.
Tenn. Code Ann. § 29-20-407 — TN Code / Title 29 / Chapter 20 / Section 29-20-407
Authorization for purchase of insurance without bidding
Status: in_force

Any governmental entity may purchase any of the insurance authorized by this chapter, without the necessity of public bidding, as required by any public or private act or charter restriction, if such insurance is purchased through a plan authorized and approved by any organization of governmental entities representing cities and counties. Acts 1974, ch. 780, § 2; T.C.A., § 23-3331.
Any governmental entity may purchase any of the insurance authorized by this chapter, without the necessity of public bidding, as required by any public or private act or charter restriction, if such insurance is purchased through a plan authorized and approved by any organization of governmental entities representing cities and counties.
Acts 1974, ch. 780, § 2; T.C.A., § 23-3331.
Tenn. Code Ann. § 29-36-101 — TN Code / Title 29 / Chapter 36 / Section 29-36-101
Waste by parol purchaser - Liability for rent
Status: in_force

Any person going into possession of land under a parol agreement to purchase, which agreement is subsequently avoided by the person, is liable for waste committed during the person's possession, as well as for reasonable rent. Code 1858, § 3405 (deriv. Acts 1831, ch. 66, § 1); Shan., § 5160; Code 1932, § 9319; T.C.A. (orig. ed.), § 23-2901.
Any person going into possession of land under a parol agreement to purchase, which agreement is subsequently avoided by the person, is liable for waste committed during the person's possession, as well as for reasonable rent.
Code 1858, § 3405 (deriv. Acts 1831, ch. 66, § 1); Shan., § 5160; Code 1932, § 9319; T.C.A. (orig. ed.), § 23-2901.
Tenn. Code Ann. § 29-35-103 — TN Code / Title 29 / Chapter 35 / Section 29-35-103
Attachment of corporate property after nonuse or assignment of franchise
Status: in_force

A corporation is not dissolved by the nonuse or assignment to others, in whole or in part, of its powers, franchises, and privileges, unless all the corporate property has been appropriated to the payment of its debts; and any creditor, for the creditor and other creditors, whether that creditor has recovered judgment or not, or any stockholder for that stockholder and other stockholders, may file a bill under this chapter, to attach the corporate property, and have such property applied to the payment of the debts of the corporation, and any surplus divided among the stockholders. Code 1858, § 3431 (deriv. Acts 1851-1852, ch. 172); Shan., § 5187; Code 1932, § 9358; T.C.A. (orig. ed.), § 23-2803.
A corporation is not dissolved by the nonuse or assignment to others, in whole or in part, of its powers, franchises, and privileges, unless all the corporate property has been appropriated to the payment of its debts; and any creditor, for the creditor and other creditors, whether that creditor has recovered judgment or not, or any stockholder for that stockholder and other stockholders, may file a bill under this chapter, to attach the corporate property, and have such property applied to the payment of the debts of the corporation, and any surplus divided among the stockholders.
Code 1858, § 3431 (deriv. Acts 1851-1852, ch. 172); Shan., § 5187; Code 1932, § 9358; T.C.A. (orig. ed.), § 23-2803.
Tenn. Code Ann. § 29-17-501 — TN Code / Title 29 / Chapter 17 / Section 29-17-501
Housing authorities - Declaration of taking
Status: in_force

(a) No sooner than thirty (30) days after the filing of a petition by a housing authority, created pursuant to the Housing Authorities Law, compiled in title 13, chapter 20, or any other law of this state, for condemnation of property, and before the entry of final judgment, a housing authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the housing authority, declaring that all or any part of the property described in the petition is being taken for the use of the housing authority. (b) The declaration of taking shall be sufficient if it sets forth: (1) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (2) A statement of the estate or interest in such property being taken; and (3) A statement of the sum of money estimated by the housing authority to be just compensation for the property taken, which sum shall be not less than the last assessed valuation for tax purposes of the estate or interest in the property to be taken. Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1507; T.C.A. § 29-17-401 ; Acts 2006, ch. 863, §§ 1, 16.
(a) No sooner than thirty (30) days after the filing of a petition by a housing authority, created pursuant to the Housing Authorities Law, compiled in title 13, chapter 20, or any other law of this state, for condemnation of property, and before the entry of final judgment, a housing authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the housing authority, declaring that all or any part of the property described in the petition is being taken for the use of the housing authority.
(b) The declaration of taking shall be sufficient if it sets forth: (1) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (2) A statement of the estate or interest in such property being taken; and (3) A statement of the sum of money estimated by the housing authority to be just compensation for the property taken, which sum shall be not less than the last assessed valuation for tax purposes of the estate or interest in the property to be taken.
(1) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof;
(2) A statement of the estate or interest in such property being taken; and
(3) A statement of the sum of money estimated by the housing authority to be just compensation for the property taken, which sum shall be not less than the last assessed valuation for tax purposes of the estate or interest in the property to be taken.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1507; T.C.A. § 29-17-401 ; Acts 2006, ch. 863, §§ 1, 16.
Tenn. Code Ann. § 29-27-104 — TN Code / Title 29 / Chapter 27 / Section 29-27-104
Partial partition - Interest of minors
Status: in_force

In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave their shares in common, or set them apart to each in severalty, as may appear to be just, upon the proof introduced. Code 1858, § 3265 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5013; Code 1932, § 9168; T.C.A. (orig. ed.), § 23-2104.
In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave their shares in common, or set them apart to each in severalty, as may appear to be just, upon the proof introduced.
Code 1858, § 3265 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5013; Code 1932, § 9168; T.C.A. (orig. ed.), § 23-2104.
Tenn. Code Ann. § 29-17-504 — TN Code / Title 29 / Chapter 17 / Section 29-17-504
Determination and payment of compensation
Status: in_force

(a) The ultimate amount of compensation shall be determined pursuant to chapter 16 of this title. (b) In the event a housing authority files a declaration of taking and pays into court an amount estimated to be fair compensation for such property as provided in §§ 29-17-501 and 29-17-503 , the property owner shall have the right to make written request to the clerk of the court wherein such funds have been deposited, to pay to such property owner without prejudice to any of the property owner's rights, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid into court or that a judgment may be entered against the owner in such case for the difference. Such payment to the property owner or into court shall in nowise limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of taking possession of the property or property rights condemned by the condemner; provided, that no interest shall be allowed on the amount deposited with the clerk. The clerk shall be authorized to disburse the deficiency to the defendants as their interests may appear. (c) In the event the housing authority shall not obtain possession of the property on the date of vesting of title, the ultimate amount of compensation, including any interest paid on the deficiency award, if any, shall be subject to abatement for use, income, rents, or profits derived from such property by the owner thereof subsequent to the vesting of title in the housing authority, and any funds disbursed shall be less the amount of abatement. Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; Acts 1968, ch. 614, § 1; T.C.A. (orig. ed.), § 23-1510; T.C.A. § 29-17-404; Acts 2006, ch. 863, § 1.
(a) The ultimate amount of compensation shall be determined pursuant to chapter 16 of this title.
(b) In the event a housing authority files a declaration of taking and pays into court an amount estimated to be fair compensation for such property as provided in §§ 29-17-501 and 29-17-503 , the property owner shall have the right to make written request to the clerk of the court wherein such funds have been deposited, to pay to such property owner without prejudice to any of the property owner's rights, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid into court or that a judgment may be entered against the owner in such case for the difference. Such payment to the property owner or into court shall in nowise limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of taking possession of the property or property rights condemned by the condemner; provided, that no interest shall be allowed on the amount deposited with the clerk. The clerk shall be authorized to disburse the deficiency to the defendants as their interests may appear.
(c) In the event the housing authority shall not obtain possession of the property on the date of vesting of title, the ultimate amount of compensation, including any interest paid on the deficiency award, if any, shall be subject to abatement for use, income, rents, or profits derived from such property by the owner thereof subsequent to the vesting of title in the housing authority, and any funds disbursed shall be less the amount of abatement.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; Acts 1968, ch. 614, § 1; T.C.A. (orig. ed.), § 23-1510; T.C.A. § 29-17-404; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-5-306 — TN Code / Title 29 / Chapter 5 / Section 29-5-306
Application for judicial relief
Status: in_force

(a) Except as otherwise provided in § 29-5-329 , an application for judicial relief under this part must be made by petition to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial petition to the court under this part must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Except as otherwise provided in § 29-5-329 , an application for judicial relief under this part must be made by petition to the court and heard in the manner provided by law or rule of court for making and hearing motions.
(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial petition to the court under this part must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-18-127 — TN Code / Title 29 / Chapter 18 / Section 29-18-127
Form of execution and writ - Disposition of personal property following defendant's removal from property
Status: in_force

(a) The execution for costs shall issue in the usual form, and the writ of possession may be as follows: State of Tennessee, To the sheriff or any constable of such county: ____________________ County. Whereas, at a trial of forcible and unlawful detainer had in such county on the ____________________ day of ____________________, 20____________________, before E F, a judge of the court of general sessions of such county, judgment was given that A B recover from C D possession of a certain tract or parcel of land, bounded [or known and described] as follows [insert the description in the warrant]: We therefore command you, that you take with you the force of the county, if necessary, and cause A B, the plaintiff in such judgment, to have and be restored to the possession of such tract or parcel of land, and that you remove C D, the defendant in such judgment, therefrom, and give such plaintiff peaceable possession of such premises, and make return to me in twenty (20) days how you have executed this writ. This ____________________ day of ____________________, 20____________________. E F, G.S.J. (b) (1) Upon removing the defendant in any judgment under this chapter, the plaintiff or a designated representative of the plaintiff, shall place the defendant's personal property: (A) On the premises from which the defendant is being removed; (B) In an appropriate area clear of the entrance to the premises; and (C) At a reasonable distance from any roadway. (2) The plaintiff or a designated representative of the plaintiff shall not disturb the defendant's personal property for forty-eight (48) hours. After such forty-eight (48) hours, the remaining personal property of the defendant may be discarded by the plaintiff or a designated representative of the plaintiff. (c) (1) All actions of any county, municipality, metropolitan form of government or other local government relative to the disposition of personal property after the execution of a writ of possession shall be temporarily suspended during the forty-eight-hour time period created pursuant to subsection (b). (2) Notwithstanding subdivision (c)(1), a county, municipality, metropolitan form of government or other local government shall not be liable for any damages to the defendant's personal property. (d) The plaintiff or a designated representative of the plaintiff, acting in accordance with this section, shall not be liable for any damages to the defendant's personal property during or after the forty-eight-hour time period, unless it can be established by clear and convincing evidence that the damages resulted from a malicious act or malicious omission of the plaintiff or a designated representative of the plaintiff. Amended by 2014 Tenn. Acts, ch. 534, s 1, eff. 7/1/2014. Code 1858, § 3359 (deriv. Acts 1841-1842, ch. 186, § 4); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5107; mod. Code 1932, § 9262; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1629.
(a) The execution for costs shall issue in the usual form, and the writ of possession may be as follows: State of Tennessee, To the sheriff or any constable of such county: ____________________ County. Whereas, at a trial of forcible and unlawful detainer had in such county on the ____________________ day of ____________________, 20____________________, before E F, a judge of the court of general sessions of such county, judgment was given that A B recover from C D possession of a certain tract or parcel of land, bounded [or known and described] as follows [insert the description in the warrant]: We therefore command you, that you take with you the force of the county, if necessary, and cause A B, the plaintiff in such judgment, to have and be restored to the possession of such tract or parcel of land, and that you remove C D, the defendant in such judgment, therefrom, and give such plaintiff peaceable possession of such premises, and make return to me in twenty (20) days how you have executed this writ. This ____________________ day of ____________________, 20____________________. E F, G.S.J.
State of Tennessee,
To the sheriff or any constable of such county: ____________________ County.
Whereas, at a trial of forcible and unlawful detainer had in such county on the ____________________ day of ____________________, 20____________________, before E F, a judge of the court of general sessions of such county, judgment was given that A B recover from C D possession of a certain tract or parcel of land, bounded [or known and described] as follows [insert the description in the warrant]: We therefore command you, that you take with you the force of the county, if necessary, and cause A B, the plaintiff in such judgment, to have and be restored to the possession of such tract or parcel of land, and that you remove C D, the defendant in such judgment, therefrom, and give such plaintiff peaceable possession of such premises, and make return to me in twenty (20) days how you have executed this writ.
This ____________________ day of ____________________, 20____________________. E F, G.S.J.
(b) (1) Upon removing the defendant in any judgment under this chapter, the plaintiff or a designated representative of the plaintiff, shall place the defendant's personal property: (A) On the premises from which the defendant is being removed; (B) In an appropriate area clear of the entrance to the premises; and (C) At a reasonable distance from any roadway. (2) The plaintiff or a designated representative of the plaintiff shall not disturb the defendant's personal property for forty-eight (48) hours. After such forty-eight (48) hours, the remaining personal property of the defendant may be discarded by the plaintiff or a designated representative of the plaintiff.
(1) Upon removing the defendant in any judgment under this chapter, the plaintiff or a designated representative of the plaintiff, shall place the defendant's personal property: (A) On the premises from which the defendant is being removed; (B) In an appropriate area clear of the entrance to the premises; and (C) At a reasonable distance from any roadway.
(A) On the premises from which the defendant is being removed;
(B) In an appropriate area clear of the entrance to the premises; and
(C) At a reasonable distance from any roadway.
(2) The plaintiff or a designated representative of the plaintiff shall not disturb the defendant's personal property for forty-eight (48) hours. After such forty-eight (48) hours, the remaining personal property of the defendant may be discarded by the plaintiff or a designated representative of the plaintiff.
(c) (1) All actions of any county, municipality, metropolitan form of government or other local government relative to the disposition of personal property after the execution of a writ of possession shall be temporarily suspended during the forty-eight-hour time period created pursuant to subsection (b). (2) Notwithstanding subdivision (c)(1), a county, municipality, metropolitan form of government or other local government shall not be liable for any damages to the defendant's personal property.
(1) All actions of any county, municipality, metropolitan form of government or other local government relative to the disposition of personal property after the execution of a writ of possession shall be temporarily suspended during the forty-eight-hour time period created pursuant to subsection (b).
(2) Notwithstanding subdivision (c)(1), a county, municipality, metropolitan form of government or other local government shall not be liable for any damages to the defendant's personal property.
(d) The plaintiff or a designated representative of the plaintiff, acting in accordance with this section, shall not be liable for any damages to the defendant's personal property during or after the forty-eight-hour time period, unless it can be established by clear and convincing evidence that the damages resulted from a malicious act or malicious omission of the plaintiff or a designated representative of the plaintiff.
Amended by 2014 Tenn. Acts, ch. 534, s 1, eff. 7/1/2014.
Code 1858, § 3359 (deriv. Acts 1841-1842, ch. 186, § 4); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5107; mod. Code 1932, § 9262; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1629.
Tenn. Code Ann. § 29-17-902 — TN Code / Title 29 / Chapter 17 / Section 29-17-902
Deposit of amount of damages
Status: in_force

When a governmental entity or a levee or drainage district authorized to condemn by § 29-17-901(a)(2) deems it necessary or desirable to condemn any property or property rights as set out in § 29-17-901 , it shall proceed to determine what it deems to be the amount of damages to which the owner is entitled because of the taking of such property or property rights, and shall deposit such amount with the clerk of the circuit or law court having jurisdiction in the county in which the same or a portion of the same is located, and shall file a petition in such court asking that the same be condemned and decreed to the condemner. Acts 1959, ch. 216, § 2; T.C.A., § 23-1529; Acts 1981, ch. 248, § 2; T.C.A. § 29-17-802 ; Acts 2006, ch. 863, § 1.
When a governmental entity or a levee or drainage district authorized to condemn by § 29-17-901(a)(2) deems it necessary or desirable to condemn any property or property rights as set out in § 29-17-901 , it shall proceed to determine what it deems to be the amount of damages to which the owner is entitled because of the taking of such property or property rights, and shall deposit such amount with the clerk of the circuit or law court having jurisdiction in the county in which the same or a portion of the same is located, and shall file a petition in such court asking that the same be condemned and decreed to the condemner.
Acts 1959, ch. 216, § 2; T.C.A., § 23-1529; Acts 1981, ch. 248, § 2; T.C.A. § 29-17-802 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-40-121 — TN Code / Title 29 / Chapter 40 / Section 29-40-121
Fees and expenses
Status: in_force

(a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. (b) The court may order one (1) or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney's fees and costs: (1) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or (2) A person whose conduct justified or would have justified the appointment of the receiver under § 29-40-106(a)(1) . Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.
(b) The court may order one (1) or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney's fees and costs: (1) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or (2) A person whose conduct justified or would have justified the appointment of the receiver under § 29-40-106(a)(1) .
(1) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or
(2) A person whose conduct justified or would have justified the appointment of the receiver under § 29-40-106(a)(1) .
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-30-214 — TN Code / Title 29 / Chapter 30 / Section 29-30-214
General sessions court judgment for defendant
Status: in_force

If the general sessions judge finds the issue in favor of the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judge shall render judgment against the plaintiff and the plantiff's sureties on the replevin bond that the property replevied be returned to the defendant, or on failure to do so, that the defendant recover of plaintiff and sureties on replevin bond the value of the property replevied with interest thereon and damages for the detention of the same, the value of the property and the damage to be assessed by the judge trying the case. Code 1858, § 3397 (deriv. Acts 1851-1852, ch. 32, § 7); Acts 1905, ch. 31, § 1; Shan., § 5152; Code 1932, § 9307; mod. C. Supp. 1950, § 9307; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2325.
If the general sessions judge finds the issue in favor of the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judge shall render judgment against the plaintiff and the plantiff's sureties on the replevin bond that the property replevied be returned to the defendant, or on failure to do so, that the defendant recover of plaintiff and sureties on replevin bond the value of the property replevied with interest thereon and damages for the detention of the same, the value of the property and the damage to be assessed by the judge trying the case.
Code 1858, § 3397 (deriv. Acts 1851-1852, ch. 32, § 7); Acts 1905, ch. 31, § 1; Shan., § 5152; Code 1932, § 9307; mod. C. Supp. 1950, § 9307; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2325.
Tenn. Code Ann. § 29-6-109 — TN Code / Title 29 / Chapter 6 / Section 29-6-109
Parties residents of same foreign state
Status: in_force

When the debtor and creditor, tort-claimant and tort-feasor, are both nonresidents of this state, and residents of the same state, the creditor or claimant shall not have attachment against the property of the debtor, or the tort-defendant unless the creditor or claimant swears that the property of the latter has been fraudulently removed to this state to evade the process of law in the state of domicile or residence. Acts 1870-1871, ch. 122, § 1; Shan., § 5212; mod. Code 1932, §9399; T.C.A. (orig. ed.), § 23-609.
When the debtor and creditor, tort-claimant and tort-feasor, are both nonresidents of this state, and residents of the same state, the creditor or claimant shall not have attachment against the property of the debtor, or the tort-defendant unless the creditor or claimant swears that the property of the latter has been fraudulently removed to this state to evade the process of law in the state of domicile or residence.
Acts 1870-1871, ch. 122, § 1; Shan., § 5212; mod. Code 1932, §9399; T.C.A. (orig. ed.), § 23-609.
Tenn. Code Ann. § 29-6-113 — TN Code / Title 29 / Chapter 6 / Section 29-6-113
Plaintiff's affidavit
Status: in_force

In order to obtain an attachment, the plaintiff, plaintiff's agent or attorney, shall make oath in writing, stating the nature and amount of the debt or demand, and that it is a just claim; or, if the action is for a tort, that the damages sued for are justly due the plaintiff or plaintiffs, as affiant believes, but that the true amount of such damages is not ascertained; and, also, that one (1) or more of the causes enumerated in § 29-6-101 exists. Code 1858, § 3469 (deriv. Acts 1794, ch. 1, § 19; 1837-1838, ch. 166, § 3); Acts 1865-1866, ch. 22, § 1; integrated in Shan., §5229; Code 1932, § 9416; T.C.A (orig. ed.), § 23-613.
In order to obtain an attachment, the plaintiff, plaintiff's agent or attorney, shall make oath in writing, stating the nature and amount of the debt or demand, and that it is a just claim; or, if the action is for a tort, that the damages sued for are justly due the plaintiff or plaintiffs, as affiant believes, but that the true amount of such damages is not ascertained; and, also, that one (1) or more of the causes enumerated in § 29-6-101 exists.
Code 1858, § 3469 (deriv. Acts 1794, ch. 1, § 19; 1837-1838, ch. 166, § 3); Acts 1865-1866, ch. 22, § 1; integrated in Shan., §5229; Code 1932, § 9416; T.C.A (orig. ed.), § 23-613.
Tenn. Code Ann. § 29-34-709 — TN Code / Title 29 / Chapter 34 / Section 29-34-709
Applicability of part
Status: in_force

This part shall apply to all asbestos actions that are filed on or after July 1, 2016. Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
This part shall apply to all asbestos actions that are filed on or after July 1, 2016.
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-36-103 — TN Code / Title 29 / Chapter 36 / Section 29-36-103
Defense of involuntary trespass
Status: in_force

It is a good plea to an action for trespass on land, that the defendant disclaims all title to the land, that the trespass was by negligence or involuntary, and that defendant tendered sufficient amount in satisfaction of the same before action brought. Code 1858, § 3408 (deriv. Acts 1715, ch. 27, § 7); Shan., §5163; mod. Code 1932, § 9322; T.C.A. (orig. ed.), § 23-2903.
It is a good plea to an action for trespass on land, that the defendant disclaims all title to the land, that the trespass was by negligence or involuntary, and that defendant tendered sufficient amount in satisfaction of the same before action brought.
Code 1858, § 3408 (deriv. Acts 1715, ch. 27, § 7); Shan., §5163; mod. Code 1932, § 9322; T.C.A. (orig. ed.), § 23-2903.
Tenn. Code Ann. § 29-16-120 — TN Code / Title 29 / Chapter 16 / Section 29-16-120
Operations pending appeal
Status: in_force

The taking of an appeal does not suspend the operations of the petitioner on the land; provided such petitioner will give bond with good security, to be approved by the clerk, in double the amount of the assessment of the jury of inquest, payable to the defendants, and conditioned to abide by and perform the final judgment in the premises. Code 1858, § 1344 (deriv. Acts 1853-1854, ch. 90, § 14); Shan., §1863; Code 1932, § 3128; T.C.A. (orig. ed.), § 23-1420.
The taking of an appeal does not suspend the operations of the petitioner on the land; provided such petitioner will give bond with good security, to be approved by the clerk, in double the amount of the assessment of the jury of inquest, payable to the defendants, and conditioned to abide by and perform the final judgment in the premises.
Code 1858, § 1344 (deriv. Acts 1853-1854, ch. 90, § 14); Shan., §1863; Code 1932, § 3128; T.C.A. (orig. ed.), § 23-1420.
Tenn. Code Ann. § 29-6-165 — TN Code / Title 29 / Chapter 6 / Section 29-6-165
Title vested in purchasers
Status: in_force

The judgment or decree, if executed before it is set aside, under any of the provisions of §§ 29-6-161 - 29-6-164, will be a protection to all persons acting under it, and will confer a good title to all property sold by virtue thereof. Code 1858, § 3534; Shan., § 5294; Code 1932, § 9486; T.C.A. (orig. ed.), § 23-665.
The judgment or decree, if executed before it is set aside, under any of the provisions of §§ 29-6-161 - 29-6-164, will be a protection to all persons acting under it, and will confer a good title to all property sold by virtue thereof.
Code 1858, § 3534; Shan., § 5294; Code 1932, § 9486; T.C.A. (orig. ed.), § 23-665.
Tenn. Code Ann. § 29-18-125 — TN Code / Title 29 / Chapter 18 / Section 29-18-125
Monetary judgments for plaintiff
Status: in_force

In all cases of forcible entry and detainer, forcible detainer, and unlawful detainer, the judge of the court of general sessions trying the cause shall be authorized and it shall be the judge's duty to ascertain the arrearage of rent, interest, and damages, if any, and render judgment therefor if the judge's judgment shall be that the plaintiff recover possession. Acts 1903, ch. 42, § 1; Shan., § 5106a1; Code 1932, §9261; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1627.
In all cases of forcible entry and detainer, forcible detainer, and unlawful detainer, the judge of the court of general sessions trying the cause shall be authorized and it shall be the judge's duty to ascertain the arrearage of rent, interest, and damages, if any, and render judgment therefor if the judge's judgment shall be that the plaintiff recover possession.
Acts 1903, ch. 42, § 1; Shan., § 5106a1; Code 1932, §9261; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1627.
Tenn. Code Ann. § 29-6-114 — TN Code / Title 29 / Chapter 6 / Section 29-6-114
Alternative statement of grounds
Status: in_force

It is no objection to the attachment that the bill, affidavit, or attachment states in the alternative, or otherwise, more than one (1) of the causes for which attachment may be sued out. Code 1858, § 3470 (deriv. Acts 1843-1844, ch. 29, § 4); Shan., §5230; Code 1932, § 9417; T.C.A. (orig. ed.), § 23-614.
It is no objection to the attachment that the bill, affidavit, or attachment states in the alternative, or otherwise, more than one (1) of the causes for which attachment may be sued out.
Code 1858, § 3470 (deriv. Acts 1843-1844, ch. 29, § 4); Shan., §5230; Code 1932, § 9417; T.C.A. (orig. ed.), § 23-614.
Tenn. Code Ann. § 29-16-202 — TN Code / Title 29 / Chapter 16 / Section 29-16-202
Writ of inquiry of damages
Status: in_force

(a) After the requisite notice has been given, if no sufficient cause to the contrary is shown, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire and assess the damages. (b) By consent of parties, or on application of the plaintiff, unless objection is made by the defendant, the writ of inquiry may be issued by the clerk, as of course, after service of notice, on which the sheriff will summon the jury. Renumbered from T.C.A. s 29-16-107by 2014 Tenn. Acts, ch. 927,s 3, eff. 5/16/2014. Code 1858, §§ 1330, 1331; Shan., §§ 1849, 1850; Code 1932, §§ 3114, 3115; T.C.A. (orig. ed.), § 23-1407.
(a) After the requisite notice has been given, if no sufficient cause to the contrary is shown, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire and assess the damages.
(b) By consent of parties, or on application of the plaintiff, unless objection is made by the defendant, the writ of inquiry may be issued by the clerk, as of course, after service of notice, on which the sheriff will summon the jury.
Renumbered from T.C.A. s 29-16-107by 2014 Tenn. Acts, ch. 927,s 3, eff. 5/16/2014.
Code 1858, §§ 1330, 1331; Shan., §§ 1849, 1850; Code 1932, §§ 3114, 3115; T.C.A. (orig. ed.), § 23-1407.
Tenn. Code Ann. § 29-15-120 — TN Code / Title 29 / Chapter 15 / Section 29-15-120
Conclusiveness of judgment
Status: in_force

Any such judgment is conclusive upon the party against whom it is recovered, not under disability at the time of the recovery, and all persons claiming under the party by title accruing after the commencement of the action. Code 1858, § 3252 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §5000; Code 1932, § 9148; T.C.A. (orig. ed.), § 23-1326.
Any such judgment is conclusive upon the party against whom it is recovered, not under disability at the time of the recovery, and all persons claiming under the party by title accruing after the commencement of the action.
Code 1858, § 3252 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §5000; Code 1932, § 9148; T.C.A. (orig. ed.), § 23-1326.
Tenn. Code Ann. § 29-27-108 — TN Code / Title 29 / Chapter 27 / Section 29-27-108
Contents of petition
Status: in_force

The bill or petition shall set forth, as far as known, the names of the owners, their residences, which of them are infants or married. Code 1858, § 3270; Shan., § 5018; mod. Code 1932, § 9173; T.C.A. (orig. ed.), § 23-2108.
The bill or petition shall set forth, as far as known, the names of the owners, their residences, which of them are infants or married.
Code 1858, § 3270; Shan., § 5018; mod. Code 1932, § 9173; T.C.A. (orig. ed.), § 23-2108.
Tenn. Code Ann. § 29-5-219 — TN Code / Title 29 / Chapter 5 / Section 29-5-219
Appeals
Status: in_force

(a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under § 29-5-203 ; (2) An order granting an application to stay arbitration made under § 29-5-203(b) ; (3) An order confirming or denying confirmation of an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to this part. (b) The appeal shall be taken in the manner and to the same extent as from orders of judgments in a civil action. Acts 1977, ch. 159, § 1; T.C.A., § 23-543.
(a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under § 29-5-203 ; (2) An order granting an application to stay arbitration made under § 29-5-203(b) ; (3) An order confirming or denying confirmation of an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to this part.
(1) An order denying an application to compel arbitration made under § 29-5-203 ;
(2) An order granting an application to stay arbitration made under § 29-5-203(b) ;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A judgment or decree entered pursuant to this part.
(b) The appeal shall be taken in the manner and to the same extent as from orders of judgments in a civil action.
Acts 1977, ch. 159, § 1; T.C.A., § 23-543.
Tenn. Code Ann. § 29-21-114 — TN Code / Title 29 / Chapter 21 / Section 29-21-114
Taking plaintiff into custody
Status: in_force

If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff's person in such case, the person possesses the same power as is given by § 29-21-113 for the arrest of the defendant. Code 1858, § 3736; Shan., § 5516; Code 1932, § 9686; T.C.A. (orig. ed.), § 23-1818.
If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff's person in such case, the person possesses the same power as is given by § 29-21-113 for the arrest of the defendant.
Code 1858, § 3736; Shan., § 5516; Code 1932, § 9686; T.C.A. (orig. ed.), § 23-1818.
Tenn. Code Ann. § 29-13-114 — TN Code / Title 29 / Chapter 13 / Section 29-13-114
Emergency award
Status: in_force

(a) If it appears to the claims commission, prior to any hearing on a claim, that: (1) Such claim is one with respect to which an award will probably be made; and (2) Undue hardship will result to the claimant if immediate payment is not made; the claims commission may make an emergency award to the claimant pending a final decision in the case. (b) The amount of such emergency award shall not exceed five hundred dollars ($500). (c) The amount of such emergency award shall be deducted from any final award made to the claimant. The excess of the amount of such emergency award over the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the state. (d) No emergency award shall be made pursuant to this section unless the board of claims certifies that there is sufficient money in the fund to pay all awards that have been made pursuant to this chapter. Acts 1976, ch. 736, § 14; T.C.A., §§ 23-3514, 23-35-114; Acts 1985, ch. 278, § 7; 1986, ch. 911, § 3.
(a) If it appears to the claims commission, prior to any hearing on a claim, that: (1) Such claim is one with respect to which an award will probably be made; and (2) Undue hardship will result to the claimant if immediate payment is not made; the claims commission may make an emergency award to the claimant pending a final decision in the case.
(1) Such claim is one with respect to which an award will probably be made; and
(2) Undue hardship will result to the claimant if immediate payment is not made; the claims commission may make an emergency award to the claimant pending a final decision in the case.
the claims commission may make an emergency award to the claimant pending a final decision in the case.
(b) The amount of such emergency award shall not exceed five hundred dollars ($500).
(c) The amount of such emergency award shall be deducted from any final award made to the claimant. The excess of the amount of such emergency award over the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the state.
(d) No emergency award shall be made pursuant to this section unless the board of claims certifies that there is sufficient money in the fund to pay all awards that have been made pursuant to this chapter.
Acts 1976, ch. 736, § 14; T.C.A., §§ 23-3514, 23-35-114; Acts 1985, ch. 278, § 7; 1986, ch. 911, § 3.
Tenn. Code Ann. § 29-40-119 — TN Code / Title 29 / Chapter 40 / Section 29-40-119
Interim report of receiver
Status: in_force

A receiver may file or, if ordered by the court, shall file an interim report that includes: (1) The activities of the receiver since appointment or a previous report; (2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver; (3) Receipts and dispositions of receivership property; (4) Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and (5) Any other information required by the court. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
A receiver may file or, if ordered by the court, shall file an interim report that includes:
(1) The activities of the receiver since appointment or a previous report;
(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
(3) Receipts and dispositions of receivership property;
(4) Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and
(5) Any other information required by the court.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-36-102 — TN Code / Title 29 / Chapter 36 / Section 29-36-102
Trespass by railroad contractor
Status: in_force

Any railroad contractor the railroad contractor's agent or operatives, who wrongfully cuts down, appropriates, or otherwise injures or destroys any growing timber, or wood, or any fence rails, on ground not belonging to the railroad company, shall be liable in damages to the party injured. Code 1858, § 3407 (deriv. Acts 1857-1858, ch. 65, § 5); Shan., §5162; mod. Code 1932, § 9321; T.C.A. (orig. ed.), § 23-2902.
Any railroad contractor the railroad contractor's agent or operatives, who wrongfully cuts down, appropriates, or otherwise injures or destroys any growing timber, or wood, or any fence rails, on ground not belonging to the railroad company, shall be liable in damages to the party injured.
Code 1858, § 3407 (deriv. Acts 1857-1858, ch. 65, § 5); Shan., §5162; mod. Code 1932, § 9321; T.C.A. (orig. ed.), § 23-2902.
Tenn. Code Ann. § 29-16-111 — TN Code / Title 29 / Chapter 16 / Section 29-16-111
Notice of inquest
Status: in_force

The sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of taking the inquest, unless the time has been fixed by the order of court. Code 1858, § 1335; Shan., § 1854; Code 1932, § 3119; T.C.A. (orig. ed.), § 23-1411.
The sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of taking the inquest, unless the time has been fixed by the order of court.
Code 1858, § 1335; Shan., § 1854; Code 1932, § 3119; T.C.A. (orig. ed.), § 23-1411.
Tenn. Code Ann. § 29-27-302 — TN Code / Title 29 / Chapter 27 / Section 29-27-302
Part definitions
Status: in_force

As used in this part: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual; (2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant; (3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual; (4) "Determination of value" means a court order determining the fair market value of heirs property under § 29-27-306 or § 29-27-310 or adopting the valuation of the property agreed to by all cotenants; (5) "Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action: (A) There is no agreement in a record binding all the cotenants that governs the partition of the property; (B) One (1) or more of the cotenants acquired title from a relative, whether living or deceased; and (C) Any of the following applies: (i) Twenty percent (20%) or more of the interests are held by cotenants who are relatives; (ii) Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) Twenty percent (20%) or more of the cotenants are relatives; (6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 29-27-310 ; (7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels; (8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
As used in this part:
(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;
(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;
(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual;
(4) "Determination of value" means a court order determining the fair market value of heirs property under § 29-27-306 or § 29-27-310 or adopting the valuation of the property agreed to by all cotenants;
(5) "Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action: (A) There is no agreement in a record binding all the cotenants that governs the partition of the property; (B) One (1) or more of the cotenants acquired title from a relative, whether living or deceased; and (C) Any of the following applies: (i) Twenty percent (20%) or more of the interests are held by cotenants who are relatives; (ii) Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) Twenty percent (20%) or more of the cotenants are relatives;
(A) There is no agreement in a record binding all the cotenants that governs the partition of the property;
(B) One (1) or more of the cotenants acquired title from a relative, whether living or deceased; and
(C) Any of the following applies: (i) Twenty percent (20%) or more of the interests are held by cotenants who are relatives; (ii) Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) Twenty percent (20%) or more of the cotenants are relatives;
(i) Twenty percent (20%) or more of the interests are held by cotenants who are relatives;
(ii) Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) Twenty percent (20%) or more of the cotenants are relatives;
(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 29-27-310 ;
(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels;
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-1-106 — TN Code / Title 29 / Chapter 1 / Section 29-1-106
Judges granting extraordinary process
Status: in_force

Injunctions, attachments, except as otherwise provided, writs of ne exeat, and other extraordinary process are granted by the chancellors, circuit judges, and judges of criminal and special courts. Code 1858, § 4434 (deriv. Acts 1835-1836, ch. 4, § 9); Acts 1871, ch. 49; Shan., § 6246; mod. Code 1932, § 10533; T.C.A. (orig. ed.), § 23-108.
Injunctions, attachments, except as otherwise provided, writs of ne exeat, and other extraordinary process are granted by the chancellors, circuit judges, and judges of criminal and special courts.
Code 1858, § 4434 (deriv. Acts 1835-1836, ch. 4, § 9); Acts 1871, ch. 49; Shan., § 6246; mod. Code 1932, § 10533; T.C.A. (orig. ed.), § 23-108.
Tenn. Code Ann. § 29-27-209 — TN Code / Title 29 / Chapter 27 / Section 29-27-209
Ascertainment of encumbrances - Payment
Status: in_force

(a) (1) It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof. (2) Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne by the person applying, unless an encumbrance is discovered which the party failed to disclose, as required in this section, and then by the party failing to disclose. (b) If it appears by the report that there are any existing encumbrances upon the estate or interest in the premises of any party named in the proceedings, the court may direct the same to be paid out of the share of the party in the funds, or order a credit to be given the purchaser for the amount of such encumbrance. Code 1858, §§ 3309-3311; Shan., §§ 5058-5060; Code 1932, §§ 9213-9215; T.C.A. (orig. ed.), §§ 23-2138, 23-2139.
(a) (1) It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof. (2) Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne by the person applying, unless an encumbrance is discovered which the party failed to disclose, as required in this section, and then by the party failing to disclose.
(1) It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof.
(2) Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne by the person applying, unless an encumbrance is discovered which the party failed to disclose, as required in this section, and then by the party failing to disclose.
(b) If it appears by the report that there are any existing encumbrances upon the estate or interest in the premises of any party named in the proceedings, the court may direct the same to be paid out of the share of the party in the funds, or order a credit to be given the purchaser for the amount of such encumbrance.
Code 1858, §§ 3309-3311; Shan., §§ 5058-5060; Code 1932, §§ 9213-9215; T.C.A. (orig. ed.), §§ 23-2138, 23-2139.
Tenn. Code Ann. § 29-33-109 — TN Code / Title 29 / Chapter 33 / Section 29-33-109
Substitution of surety as fiduciary
Status: in_force

Should no person be found willing to accept the office, and give the security required, the applicant surety shall qualify in the place of the principal; otherwise, the liability will continue until a successor is appointed and qualified. Code 1858, § 3674; Shan., § 5444; Code 1932, § 9606; T.C.A. (orig. ed.), § 23-2709.
Should no person be found willing to accept the office, and give the security required, the applicant surety shall qualify in the place of the principal; otherwise, the liability will continue until a successor is appointed and qualified.
Code 1858, § 3674; Shan., § 5444; Code 1932, § 9606; T.C.A. (orig. ed.), § 23-2709.
Tenn. Code Ann. § 29-25-101 — TN Code / Title 29 / Chapter 25 / Section 29-25-101
Power to issue writ
Status: in_force

Circuit judges and chancellors have power to issue writs of mandamus, upon petition or bill, supported by affidavit. Code 1858, § 3567 (deriv. Acts 1831, ch. 51, § 1); Shan., §5331; mod. Code 1932, § 9491; T.C.A. (orig. ed.), § 23-2001.
Circuit judges and chancellors have power to issue writs of mandamus, upon petition or bill, supported by affidavit.
Code 1858, § 3567 (deriv. Acts 1831, ch. 51, § 1); Shan., §5331; mod. Code 1932, § 9491; T.C.A. (orig. ed.), § 23-2001.
Tenn. Code Ann. § 29-17-503 — TN Code / Title 29 / Chapter 17 / Section 29-17-503
Vesting of title - Surrender of possession
Status: in_force

(a) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the housing authority, free from the right, title, interest or lien of all parties to the cause, and such property shall be deemed to be condemned and taken for the use of the housing authority, and the right to just compensation for the same shall vest in the persons entitled thereto. (b) Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession shall be required to surrender possession to the authority. Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1509; T.C.A. § 29-17-403; Acts 2006, ch. 863, § 1.
(a) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the housing authority, free from the right, title, interest or lien of all parties to the cause, and such property shall be deemed to be condemned and taken for the use of the housing authority, and the right to just compensation for the same shall vest in the persons entitled thereto.
(b) Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession shall be required to surrender possession to the authority.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1509; T.C.A. § 29-17-403; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-7-115 — TN Code / Title 29 / Chapter 7 / Section 29-7-115
Notice of conditional judgment
Status: in_force

Upon this conditional judgment, a scire facias shall issue to the garnishee, returnable to the next term of the court, or to a day and place fixed before a general sessions judge, to show cause why final judgment should not be entered against the garnishee. Code 1858, § 3487 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5247; Code 1932, § 9438; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-715.
Upon this conditional judgment, a scire facias shall issue to the garnishee, returnable to the next term of the court, or to a day and place fixed before a general sessions judge, to show cause why final judgment should not be entered against the garnishee.
Code 1858, § 3487 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5247; Code 1932, § 9438; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-715.
Tenn. Code Ann. § 29-30-201 — TN Code / Title 29 / Chapter 30 / Section 29-30-201
Detinue
Status: in_force

Where the action is to recover specific personal property, if the party seeks to recover the possession only at the end of the suit, the party may bring detinue. Code 1858, § 2749; Shan., § 4440; Code 1932, § 8566; Acts 1973, ch. 365, § 12(a); T.C.A. (orig. ed.), § 23-2301.
Where the action is to recover specific personal property, if the party seeks to recover the possession only at the end of the suit, the party may bring detinue.
Code 1858, § 2749; Shan., § 4440; Code 1932, § 8566; Acts 1973, ch. 365, § 12(a); T.C.A. (orig. ed.), § 23-2301.
Tenn. Code Ann. § 29-5-209 — TN Code / Title 29 / Chapter 5 / Section 29-5-209
Award made by arbitrators
Status: in_force

(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. (b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of that party's objection prior to the delivery of the award to the other party. Acts 1977, ch. 159, § 1; T.C.A., § 23-533.
(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of that party's objection prior to the delivery of the award to the other party.
Acts 1977, ch. 159, § 1; T.C.A., § 23-533.
Tenn. Code Ann. § 29-3-103 — TN Code / Title 29 / Chapter 3 / Section 29-3-103
Filing of bill - Parties
Status: in_force

When a public nuisance, as defined in § 29-3-101 , is kept, maintained, carried on, or exists in any county, a bill or petition may be filed in any chancery, circuit, or criminal court of such county, in the name of the state, by and upon the relation of the respective officers or persons named in § 29-3-102 , against the person keeping, maintaining, or carrying on such nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations in charge or control of the building or place wherein such nuisance exists, for the purpose of having such nuisance abated and permanently discontinued. In addition, petitions under this chapter for the abatement of gang related conduct may be brought against the gang itself to which the gang members belong. Amended by 2014 Tenn. Acts, ch. 865, s 2, eff. 7/1/2014. Acts 1913 (2nd Ex. Sess.), ch. 2, § 3; Shan., § 5164a3; mod. Code 1932, § 9326; T.C.A. (orig. ed.), § 23-303.
When a public nuisance, as defined in § 29-3-101 , is kept, maintained, carried on, or exists in any county, a bill or petition may be filed in any chancery, circuit, or criminal court of such county, in the name of the state, by and upon the relation of the respective officers or persons named in § 29-3-102 , against the person keeping, maintaining, or carrying on such nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations in charge or control of the building or place wherein such nuisance exists, for the purpose of having such nuisance abated and permanently discontinued. In addition, petitions under this chapter for the abatement of gang related conduct may be brought against the gang itself to which the gang members belong.
Amended by 2014 Tenn. Acts, ch. 865, s 2, eff. 7/1/2014.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 3; Shan., § 5164a3; mod. Code 1932, § 9326; T.C.A. (orig. ed.), § 23-303.
Tenn. Code Ann. § 29-19-101 — TN Code / Title 29 / Chapter 19 / Section 29-19-101
Void contracts
Status: in_force

All contracts founded, in whole or in part, on a gambling or wagering consideration, shall be void to the extent of such consideration. Code 1858, § 1769 (deriv. Acts 1799, ch. 8, § 1); Shan., § 3159; Code 1932, § 7812; T.C.A. (orig. ed.), § 23-1701.
All contracts founded, in whole or in part, on a gambling or wagering consideration, shall be void to the extent of such consideration.
Code 1858, § 1769 (deriv. Acts 1799, ch. 8, § 1); Shan., § 3159; Code 1932, § 7812; T.C.A. (orig. ed.), § 23-1701.
Tenn. Code Ann. § 29-16-107 — TN Code / Title 29 / Chapter 16 / Section 29-16-107
Reserved
Status: repealed

Renumbered as T.C.A. s 29-16-202by 2014 Tenn. Acts, ch. 927,s 3, eff. 5/16/2014. Code 1858, §§ 1330, 1331; Shan., §§1849, 1850; Code 1932, §§ 3114, 3115; T.C.A. (orig. ed.), § 23-1407.
Renumbered as T.C.A. s 29-16-202by 2014 Tenn. Acts, ch. 927,s 3, eff. 5/16/2014.
Code 1858, §§ 1330, 1331; Shan., §§1849, 1850; Code 1932, §§ 3114, 3115; T.C.A. (orig. ed.), § 23-1407.
Tenn. Code Ann. § 29-5-215 — TN Code / Title 29 / Chapter 5 / Section 29-5-215
Judgment or decree - Costs - Enforcement
Status: in_force

(a) Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. (b) Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court. Acts 1977, ch. 159, § 1; T.C.A., § 23-539.
(a) Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree.
(b) Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
Acts 1977, ch. 159, § 1; T.C.A., § 23-539.
Tenn. Code Ann. § 29-5-328 — TN Code / Title 29 / Chapter 5 / Section 29-5-328
Venue
Status: in_force

A motion pursuant to § 29-5-306 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which the hearing was held. Otherwise, the motion may be made in the court of a county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, then in the court of any county in this state. Subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
A motion pursuant to § 29-5-306 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which the hearing was held. Otherwise, the motion may be made in the court of a county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, then in the court of any county in this state. Subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-6-134 — TN Code / Title 29 / Chapter 6 / Section 29-6-134
Excessive levy
Status: in_force

If the officer make an excessive levy, the officer shall be liable as in case of excessive levy by execution. Code 1858, § 3499; Shan., § 5259; Code 1932, § 9450; T.C.A. (orig. ed.), § 23-634.
If the officer make an excessive levy, the officer shall be liable as in case of excessive levy by execution.
Code 1858, § 3499; Shan., § 5259; Code 1932, § 9450; T.C.A. (orig. ed.), § 23-634.
Tenn. Code Ann. § 29-23-103 — TN Code / Title 29 / Chapter 23 / Section 29-23-103
Penalty for delay of judgment
Status: in_force

Where an injunction to stay proceedings on a judgment is dissolved on a final hearing, the court may decree six percent (6%) on the amount of the judgment enjoined as damages, if of the opinion that the injunction was obtained for delay. Code 1932, § 10554; T.C.A. (orig. ed.), § 23-1912.
Where an injunction to stay proceedings on a judgment is dissolved on a final hearing, the court may decree six percent (6%) on the amount of the judgment enjoined as damages, if of the opinion that the injunction was obtained for delay.
Code 1932, § 10554; T.C.A. (orig. ed.), § 23-1912.
Tenn. Code Ann. § 29-34-505 — TN Code / Title 29 / Chapter 34 / Section 29-34-505
Establishment of fair market value
Status: in_force

(a) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under § 29-34-504 through generally accepted accounting principles, including: (1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction; or (2) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet. (b) For purposes of this section, total gross assets may include any intangible assets. (c) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions and limits of such insurance shall not be affected by this section, nor shall this section otherwise affect the rights and obligations of an insurer, transferor or successor under any insurance contract or any related agreements, including, without limitation, preenactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before July 1, 2013, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets. Added by 2013 Tenn. Acts, ch. 246, s 6, eff. 7/1/2013.
(a) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under § 29-34-504 through generally accepted accounting principles, including: (1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction; or (2) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction; or
(2) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b) For purposes of this section, total gross assets may include any intangible assets.
(c) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions and limits of such insurance shall not be affected by this section, nor shall this section otherwise affect the rights and obligations of an insurer, transferor or successor under any insurance contract or any related agreements, including, without limitation, preenactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before July 1, 2013, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
Added by 2013 Tenn. Acts, ch. 246, s 6, eff. 7/1/2013.
Tenn. Code Ann. § 29-40-105 — TN Code / Title 29 / Chapter 40 / Section 29-40-105
Power of court
Status: in_force

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-13-113 — TN Code / Title 29 / Chapter 13 / Section 29-13-113
Subrogation
Status: in_force

(a) Whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this chapter for a personal injury or death resulting from the act constituting such offense, the state of Tennessee may institute an action against such person for the recovery of the whole or any specified part of the compensation in the circuit courts of the state of Tennessee in any county, in a state, or in a federal court of any other state or district in which such person resides. (b) An order for the payment of compensation under this chapter shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death. (c) As a condition for the receipt of a criminal injuries compensation award, the recipient of an award shall agree, by such form as the board of claims may direct, to cooperate fully with appropriate officials of the state should the state proceed to institute an action against the criminal offender to recover the whole or any specified part of the compensation awarded. (d) Should any person receiving an award for criminal injuries compensation choose to exercise such person's right to recover damages in civil court for injury or death, such person shall notify the district attorney general and the division of the institution of such a lawsuit by serving the district attorney general and the division through the United States mail with a copy of the complaint, all subsequent pleadings and a copy of the final judgment in order to give the state notice of the existence of such an action so that the state may pursue its subrogated interest. Acts 1976, ch. 736, § 13; Acts 1980, ch. 628, § 1; T.C.A., §§ 23-3513, 23-35-113; Acts 1984, ch. 752, § 9; 1993, ch. 494, § 13.
(a) Whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this chapter for a personal injury or death resulting from the act constituting such offense, the state of Tennessee may institute an action against such person for the recovery of the whole or any specified part of the compensation in the circuit courts of the state of Tennessee in any county, in a state, or in a federal court of any other state or district in which such person resides.
(b) An order for the payment of compensation under this chapter shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.
(c) As a condition for the receipt of a criminal injuries compensation award, the recipient of an award shall agree, by such form as the board of claims may direct, to cooperate fully with appropriate officials of the state should the state proceed to institute an action against the criminal offender to recover the whole or any specified part of the compensation awarded.
(d) Should any person receiving an award for criminal injuries compensation choose to exercise such person's right to recover damages in civil court for injury or death, such person shall notify the district attorney general and the division of the institution of such a lawsuit by serving the district attorney general and the division through the United States mail with a copy of the complaint, all subsequent pleadings and a copy of the final judgment in order to give the state notice of the existence of such an action so that the state may pursue its subrogated interest.
Acts 1976, ch. 736, § 13; Acts 1980, ch. 628, § 1; T.C.A., §§ 23-3513, 23-35-113; Acts 1984, ch. 752, § 9; 1993, ch. 494, § 13.
Tenn. Code Ann. § 29-5-325 — TN Code / Title 29 / Chapter 5 / Section 29-5-325
Modification or correction of award
Status: in_force

(a) Upon a motion made within ninety (90) days after the movant receives notice of the award pursuant to § 29-5-320 , or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to § 29-5-321 , the court shall modify or correct the award if: (1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award; (2) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or (3) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted. (b) If a motion made under subsection (a) is granted, then the court must modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award. (c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Upon a motion made within ninety (90) days after the movant receives notice of the award pursuant to § 29-5-320 , or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to § 29-5-321 , the court shall modify or correct the award if: (1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award; (2) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or (3) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
(2) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(3) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(b) If a motion made under subsection (a) is granted, then the court must modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
(c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-34-605 — TN Code / Title 29 / Chapter 34 / Section 29-34-605
Stay of action
Status: in_force

(a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under § 29-34-603 within one hundred twenty (120) days prior to the trial date. (b) If, in the disclosures required by § 29-34-603 , a plaintiff identifies a potential asbestos trust claim, the judge shall have the discretion to stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust. Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
(a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under § 29-34-603 within one hundred twenty (120) days prior to the trial date.
(b) If, in the disclosures required by § 29-34-603 , a plaintiff identifies a potential asbestos trust claim, the judge shall have the discretion to stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.
Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-27-207 — TN Code / Title 29 / Chapter 27 / Section 29-27-207
Decree for sale of estate situated in several counties
Status: in_force

When the estate to be divided is situated in several counties, the court may decree a sale of all the land, as well that situated in the county where the bill is filed as in any other county in the state. Code 1858, § 3295 (deriv. Acts 1847-1848, ch. 170, §§ 1, 2); Shan., § 5044; Code 1932, § 9199; T.C.A. (orig. ed.), § 23-2134.
When the estate to be divided is situated in several counties, the court may decree a sale of all the land, as well that situated in the county where the bill is filed as in any other county in the state.
Code 1858, § 3295 (deriv. Acts 1847-1848, ch. 170, §§ 1, 2); Shan., § 5044; Code 1932, § 9199; T.C.A. (orig. ed.), § 23-2134.
Tenn. Code Ann. § 29-33-111 — TN Code / Title 29 / Chapter 33 / Section 29-33-111
Witnesses in hearings
Status: in_force

The officer authorized to hear and dispose of such applications may administer oaths and summon witnesses in the same way and under the same penalties as the courts of the state. Code 1858, § 3679; Shan., § 5449; Code 1932, § 9611; T.C.A. (orig. ed.), § 23-2711.
The officer authorized to hear and dispose of such applications may administer oaths and summon witnesses in the same way and under the same penalties as the courts of the state.
Code 1858, § 3679; Shan., § 5449; Code 1932, § 9611; T.C.A. (orig. ed.), § 23-2711.
Tenn. Code Ann. § 29-29-102 — TN Code / Title 29 / Chapter 29 / Section 29-29-102
Constructive service on persons not in being
Status: in_force

If in such suit it shall appear that there is or may be any person who has been made a party defendant under § 29-29-101 , a general notice of such suit shall be published in a newspaper within the county in which the land involved is situated, and if there is no newspaper in the county, then in an adjoining county, for four (4) consecutive weeks next preceding the hearing of such suit, and also general notice shall be posted in a conspicuous place on the premises for four (4) weeks next preceding the hearing of such suit, and notice given in accordance with this section shall be deemed constructive service on all unborn parties defendant. Acts 1919, ch. 13, § 2; Shan. Supp., § 5009a2; Code 1932, §9161; T.C.A. (orig. ed.), § 23-2202.
If in such suit it shall appear that there is or may be any person who has been made a party defendant under § 29-29-101 , a general notice of such suit shall be published in a newspaper within the county in which the land involved is situated, and if there is no newspaper in the county, then in an adjoining county, for four (4) consecutive weeks next preceding the hearing of such suit, and also general notice shall be posted in a conspicuous place on the premises for four (4) weeks next preceding the hearing of such suit, and notice given in accordance with this section shall be deemed constructive service on all unborn parties defendant.
Acts 1919, ch. 13, § 2; Shan. Supp., § 5009a2; Code 1932, §9161; T.C.A. (orig. ed.), § 23-2202.
Tenn. Code Ann. § 29-5-113 — TN Code / Title 29 / Chapter 5 / Section 29-5-113
Time of action on award
Status: in_force

The cause will be entered on the docket and called up and acted upon in its order; but the court may require actual notice to be given either party, when it appears necessary and proper, before proceeding to act on the award. Code 1858, § 3447; Shan., § 5203; Code 1932, § 9376; T.C.A. (orig. ed.), § 23-513.
The cause will be entered on the docket and called up and acted upon in its order; but the court may require actual notice to be given either party, when it appears necessary and proper, before proceeding to act on the award.
Code 1858, § 3447; Shan., § 5203; Code 1932, § 9376; T.C.A. (orig. ed.), § 23-513.
Tenn. Code Ann. § 29-6-123 — TN Code / Title 29 / Chapter 6 / Section 29-6-123
Abatement for want of affidavit or bond
Status: in_force

Attachments issued without affidavit and bond, as herein prescribed, may be abated by plea of the defendant. Code 1858, § 3476 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5236; Code 1932, § 9426; T.C.A. (orig. ed.), § 23-623.
Attachments issued without affidavit and bond, as herein prescribed, may be abated by plea of the defendant.
Code 1858, § 3476 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5236; Code 1932, § 9426; T.C.A. (orig. ed.), § 23-623.
Tenn. Code Ann. § 29-34-802 — TN Code / Title 29 / Chapter 34 / Section 29-34-802
[Repealed]
Status: repealed

Added by 2020EX2 Tenn. Acts, ch. 1, s 1, eff. 8/17/2020.
Tenn. Code Ann. § 29-35-107 — TN Code / Title 29 / Chapter 35 / Section 29-35-107
Adjudication among several claimants to office
Status: in_force

When several persons claim to be entitled to the same office or franchise, they may be all made defendants, so as to determine their respective rights. Code 1858, § 3422; Shan., § 5178; Code 1932, § 9349; T.C.A. (orig. ed.), § 23-2807.
When several persons claim to be entitled to the same office or franchise, they may be all made defendants, so as to determine their respective rights.
Code 1858, § 3422; Shan., § 5178; Code 1932, § 9349; T.C.A. (orig. ed.), § 23-2807.
Tenn. Code Ann. § 29-24-104 — TN Code / Title 29 / Chapter 24 / Section 29-24-104
Broadcasting stations
Status: in_force

(a) The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator, or agent or employee thereof, unless it shall be alleged by the complaining party that such owner, licensee, operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast. (b) It shall be the responsibility of the owner, licensee or operator to show that due care was used. (c) In no event, however, shall any owner, licensee, or operator, or the agents or employees of any such owner, licensee or operator of any such a station or network of stations, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by any candidate for public office, unless such statement is made by an agent or employee of the owner, licensee, or operator in the course of employment. Acts 1955, ch. 12, §§ 1, 2; T.C.A., §§ 23-2606, 23-2607.
(a) The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator, or agent or employee thereof, unless it shall be alleged by the complaining party that such owner, licensee, operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
(b) It shall be the responsibility of the owner, licensee or operator to show that due care was used.
(c) In no event, however, shall any owner, licensee, or operator, or the agents or employees of any such owner, licensee or operator of any such a station or network of stations, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by any candidate for public office, unless such statement is made by an agent or employee of the owner, licensee, or operator in the course of employment.
Acts 1955, ch. 12, §§ 1, 2; T.C.A., §§ 23-2606, 23-2607.
Tenn. Code Ann. § 29-1-110 — TN Code / Title 29 / Chapter 1 / Section 29-1-110
Transmission of bill and fiat to clerk
Status: in_force

It is the duty of the judge, upon granting the fiat, to envelope the bill and fiat under seal, and direct to the clerk of the court in which the bill is filed, who alone is authorized to open the package. Code 1858, § 4438 (deriv. Acts 1825, ch. 71, § 3); Shan., § 6255; Code 1932, § 10541; T.C.A. (orig. ed.), § 23-112.
It is the duty of the judge, upon granting the fiat, to envelope the bill and fiat under seal, and direct to the clerk of the court in which the bill is filed, who alone is authorized to open the package.
Code 1858, § 4438 (deriv. Acts 1825, ch. 71, § 3); Shan., § 6255; Code 1932, § 10541; T.C.A. (orig. ed.), § 23-112.
Tenn. Code Ann. § 29-33-108 — TN Code / Title 29 / Chapter 33 / Section 29-33-108
Relief to surety on fiduciary bond
Status: in_force

Upon such petition and notice, the court may compel the principal to give other sufficient security, or counter security, to be approved by the court, or to deliver up the estate to the petitioner, or such other person as may be directed, and may make such other orders and decrees for the relief of the petitioner and better security of the estate as may be just and equitable. Code 1858, § 3673 (deriv. Acts 1813, ch. 119, § 5; 1829, ch. 15, § 2); Shan., § 5443; Code 1932, § 9605; T.C.A. (orig. ed.), § 23-2708.
Upon such petition and notice, the court may compel the principal to give other sufficient security, or counter security, to be approved by the court, or to deliver up the estate to the petitioner, or such other person as may be directed, and may make such other orders and decrees for the relief of the petitioner and better security of the estate as may be just and equitable.
Code 1858, § 3673 (deriv. Acts 1813, ch. 119, § 5; 1829, ch. 15, § 2); Shan., § 5443; Code 1932, § 9605; T.C.A. (orig. ed.), § 23-2708.
Tenn. Code Ann. § 29-27-301 — TN Code / Title 29 / Chapter 27 / Section 29-27-301
Short title
Status: in_force

This part is known and may be cited as the "Uniform Partition of Heirs Property Act." Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
This part is known and may be cited as the "Uniform Partition of Heirs Property Act."
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-35-117 — TN Code / Title 29 / Chapter 35 / Section 29-35-117
Judgment of dissolution - Escheat of corporate property
Status: in_force

If it be adjudged that a defendant corporation has by neglect, nonuse, abuse or surrender, forfeited its corporate rights, judgment will be rendered that the defendant be altogether excluded from such rights and be dissolved; and in the event the court shall find that the corporation, its stockholders, directors, officers or managers have intentionally impaired or depreciated its assets or property for the purpose of preventing the corporation from efficiently discharging its duty to the public, the property of the corporation shall escheat to the state unless its stockholders, directors, officers or managers, within a reasonable period fixed by the court, restore to the treasury of the corporation a sufficient amount of money or property to enable it to efficiently discharge its duty to the public; and also that the corporation, its directors, or managers, as the case may be, pay the costs. Code 1858, § 3425; Shan., § 5181; Code 1932, § 9352; Acts 1949, ch. 207, § 1; C. Supp. 1950, § 9352; T.C.A. (orig. ed.), § 23-2817.
If it be adjudged that a defendant corporation has by neglect, nonuse, abuse or surrender, forfeited its corporate rights, judgment will be rendered that the defendant be altogether excluded from such rights and be dissolved; and in the event the court shall find that the corporation, its stockholders, directors, officers or managers have intentionally impaired or depreciated its assets or property for the purpose of preventing the corporation from efficiently discharging its duty to the public, the property of the corporation shall escheat to the state unless its stockholders, directors, officers or managers, within a reasonable period fixed by the court, restore to the treasury of the corporation a sufficient amount of money or property to enable it to efficiently discharge its duty to the public; and also that the corporation, its directors, or managers, as the case may be, pay the costs.
Code 1858, § 3425; Shan., § 5181; Code 1932, § 9352; Acts 1949, ch. 207, § 1; C. Supp. 1950, § 9352; T.C.A. (orig. ed.), § 23-2817.
Tenn. Code Ann. § 29-5-119 — TN Code / Title 29 / Chapter 5 / Section 29-5-119
Common law awards
Status: in_force

Awards of arbitrators under agreements not reached in pursuance of this chapter may nevertheless be valid, as contracts, impeachable for fraud or mistake; but such awards may only be enforced by independent actions. Code 1932, § 9382; T.C.A. (orig. ed.), § 23-519.
Awards of arbitrators under agreements not reached in pursuance of this chapter may nevertheless be valid, as contracts, impeachable for fraud or mistake; but such awards may only be enforced by independent actions.
Code 1932, § 9382; T.C.A. (orig. ed.), § 23-519.
Tenn. Code Ann. § 29-17-702 — TN Code / Title 29 / Chapter 17 / Section 29-17-702
Contents of petition
Status: in_force

(a) The petition shall set forth the facts showing the right to condemn; the property to be taken or damaged, a full description of which shall be filed as an exhibit to the petition; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; shall describe the persons or classes of persons unknown, whose rights therein are to be excluded or otherwise affected; shall set forth such other facts as are necessary for a full understanding of the cause; and shall pray for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to are minors or under disability, the facts shall be stated. Acts 1937, ch. 262, § 2; C. Supp. 1950, § 3170.2 (Williams, § 3171.2); T.C.A. (orig. ed.), § 23-1514; T.C.A. § 29-17-602 ; Acts 2006, ch. 863, § 1.
(a) The petition shall set forth the facts showing the right to condemn; the property to be taken or damaged, a full description of which shall be filed as an exhibit to the petition; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; shall describe the persons or classes of persons unknown, whose rights therein are to be excluded or otherwise affected; shall set forth such other facts as are necessary for a full understanding of the cause; and shall pray for such judgment of condemnation as may be proper and desired.
(b) If any of the persons referred to are minors or under disability, the facts shall be stated.
Acts 1937, ch. 262, § 2; C. Supp. 1950, § 3170.2 (Williams, § 3171.2); T.C.A. (orig. ed.), § 23-1514; T.C.A. § 29-17-602 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-5-220 — TN Code / Title 29 / Chapter 5 / Section 29-5-220
Foreign arbitration hearings or awards
Status: in_force

(a) Notwithstanding any other law to the contrary, the court shall not confirm an award under § 29-5-212 or enter judgment or decree in conformity therewith under § 29-5-215 where the arbitration hearing or award was made outside of the United States and its territories and the foreign state wherein the award was made does not grant reciprocity in recognition and enforcement of arbitration awards made in the United States or its territories. (b) The prohibition set forth in subsection (a) shall not apply where the party seeking confirmation under § 29-5-212 , or entry of judgment or decree under § 29-5-215 , and the real party in interest benefited by the award is a citizen of the United States. Acts 1977, ch. 159, § 1; T.C.A., § 23-544.
(a) Notwithstanding any other law to the contrary, the court shall not confirm an award under § 29-5-212 or enter judgment or decree in conformity therewith under § 29-5-215 where the arbitration hearing or award was made outside of the United States and its territories and the foreign state wherein the award was made does not grant reciprocity in recognition and enforcement of arbitration awards made in the United States or its territories.
(b) The prohibition set forth in subsection (a) shall not apply where the party seeking confirmation under § 29-5-212 , or entry of judgment or decree under § 29-5-215 , and the real party in interest benefited by the award is a citizen of the United States.
Acts 1977, ch. 159, § 1; T.C.A., § 23-544.
Tenn. Code Ann. § 29-6-133 — TN Code / Title 29 / Chapter 6 / Section 29-6-133
Personal property preferred
Status: in_force

The officer to whom the writ is delivered shall attach and take into the officer's possession, in the first instance, so much of the personal property of the defendant as may be necessary to meet the exigency of the writ, and shall levy the attachment, when necessary, upon the defendant's real estate. Code 1858, § 3498; Shan., § 5258; Code 1932, § 9449; T.C.A. (orig. ed.), § 23-633.
The officer to whom the writ is delivered shall attach and take into the officer's possession, in the first instance, so much of the personal property of the defendant as may be necessary to meet the exigency of the writ, and shall levy the attachment, when necessary, upon the defendant's real estate.
Code 1858, § 3498; Shan., § 5258; Code 1932, § 9449; T.C.A. (orig. ed.), § 23-633.
Tenn. Code Ann. § 29-25-105 — TN Code / Title 29 / Chapter 25 / Section 29-25-105
Failure of third person to appear
Status: in_force

If such third person is a nonresident or unknown, publication shall be made as in other cases against nonresidents; and, on the nonresident's failing to appear and answer according to the requirements of the order of publication, the petition or bill may be taken for confessed, and proceeded with ex parte. Code 1858, § 3573 (deriv. Acts 1831, ch. 51, § 5); Shan., § 5337; Code 1932, § 9497; T.C.A. (orig. ed.), § 23-2005.
If such third person is a nonresident or unknown, publication shall be made as in other cases against nonresidents; and, on the nonresident's failing to appear and answer according to the requirements of the order of publication, the petition or bill may be taken for confessed, and proceeded with ex parte.
Code 1858, § 3573 (deriv. Acts 1831, ch. 51, § 5); Shan., § 5337; Code 1932, § 9497; T.C.A. (orig. ed.), § 23-2005.
Tenn. Code Ann. § 29-6-117 — TN Code / Title 29 / Chapter 6 / Section 29-6-117
Description of property
Status: in_force

(a) A substantially accurate description of the property to be attached, and its approximate value, shall be set forth in the bill or affidavit praying for the writ of attachment, and if in the bill of complaint, same shall be verified by the oath of the complainant, complainant's agent or attorney. (b) The issuing officer shall look to but not be bound by such recitations. (c) Lacking such description and valuation, the bond shall be in a penalty double the amount claimed by the plaintiff or complainant. Acts 1927, ch. 78, § 5; mod. Code 1932, §§ 9420, 9421; T.C.A. (orig. ed.), § 23-617.
(a) A substantially accurate description of the property to be attached, and its approximate value, shall be set forth in the bill or affidavit praying for the writ of attachment, and if in the bill of complaint, same shall be verified by the oath of the complainant, complainant's agent or attorney.
(b) The issuing officer shall look to but not be bound by such recitations.
(c) Lacking such description and valuation, the bond shall be in a penalty double the amount claimed by the plaintiff or complainant.
Acts 1927, ch. 78, § 5; mod. Code 1932, §§ 9420, 9421; T.C.A. (orig. ed.), § 23-617.
Tenn. Code Ann. § 29-20-405 — TN Code / Title 29 / Chapter 20 / Section 29-20-405
Construction of liability insurance policy not in compliance with law
Status: in_force

Any insurance policy, rider or endorsement purchased to insure against any risk which may arise as a result of the application of this chapter, and which contains any condition or provisions not in compliance with the terms of this chapter, shall not be rendered invalid, but shall be construed and applied in accordance with the intention of this chapter. Acts 1973, ch. 345, § 26; T.C.A., § 23-3329.
Any insurance policy, rider or endorsement purchased to insure against any risk which may arise as a result of the application of this chapter, and which contains any condition or provisions not in compliance with the terms of this chapter, shall not be rendered invalid, but shall be construed and applied in accordance with the intention of this chapter.
Acts 1973, ch. 345, § 26; T.C.A., § 23-3329.
Tenn. Code Ann. § 29-6-136 — TN Code / Title 29 / Chapter 6 / Section 29-6-136
Actions after attachment of debt or effects
Status: in_force

If, after the service upon any person of a copy of the bill, or levy of the attachment at law upon debts or effects in such person's hands, any person should pay the debt, or secrete the effects, or purchase in any other claim against the defendant, that person shall be liable to the same extent as before the payment, secreting, or purchase. Code 1858, § 3508; Shan., § 5268; Code 1932, § 9459; T.C.A. (orig. ed.), § 23-636.
If, after the service upon any person of a copy of the bill, or levy of the attachment at law upon debts or effects in such person's hands, any person should pay the debt, or secrete the effects, or purchase in any other claim against the defendant, that person shall be liable to the same extent as before the payment, secreting, or purchase.
Code 1858, § 3508; Shan., § 5268; Code 1932, § 9459; T.C.A. (orig. ed.), § 23-636.
Tenn. Code Ann. § 29-40-118 — TN Code / Title 29 / Chapter 40 / Section 29-40-118
Defenses and immunities of receiver
Status: in_force

(a) A receiver is entitled to all defenses and immunities provided by the law of this state, other than this chapter, for an act or omission within the scope of the receiver's appointment. (b) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) A receiver is entitled to all defenses and immunities provided by the law of this state, other than this chapter, for an act or omission within the scope of the receiver's appointment.
(b) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-15-124 — TN Code / Title 29 / Chapter 15 / Section 29-15-124
Disposition of contents on execution
Status: in_force

(a) In executing a writ of possession after judgment in an action of ejectment, the option of having personal property removed to a local warehouse for storage or having it removed from the property as has been the procedure of sheriffs prior to March 28, 1976 shall be with the person being ejected. (b) All storage fees and transportation costs incurred are to be paid by the owner of the stored property. Acts 1976, ch. 722, § 1; T.C.A., § 23-1331.
(a) In executing a writ of possession after judgment in an action of ejectment, the option of having personal property removed to a local warehouse for storage or having it removed from the property as has been the procedure of sheriffs prior to March 28, 1976 shall be with the person being ejected.
(b) All storage fees and transportation costs incurred are to be paid by the owner of the stored property.
Acts 1976, ch. 722, § 1; T.C.A., § 23-1331.
Tenn. Code Ann. § 29-13-308 — TN Code / Title 29 / Chapter 13 / Section 29-13-308
Termination of trust
Status: in_force

Upon attaining eighteen (18) years of age, the minor may terminate the trust by submitting a written request therefor with the court clerk. The court clerk shall deliver to the minor all funds and interest income remaining in the trust less any outstanding fees, court costs, fines, or restitutions resulting from the minor beneficiary's actions pending in juvenile court within sixty (60) calendar days from the date of the request. Amended by 2013 Tenn. Acts, ch. 324,s 1, eff. 5/13/2013. Acts 1993, ch. 494, § 1.
Upon attaining eighteen (18) years of age, the minor may terminate the trust by submitting a written request therefor with the court clerk. The court clerk shall deliver to the minor all funds and interest income remaining in the trust less any outstanding fees, court costs, fines, or restitutions resulting from the minor beneficiary's actions pending in juvenile court within sixty (60) calendar days from the date of the request.
Amended by 2013 Tenn. Acts, ch. 324,s 1, eff. 5/13/2013.
Acts 1993, ch. 494, § 1.
Tenn. Code Ann. § 29-4-104 — TN Code / Title 29 / Chapter 4 / Section 29-4-104
Judgment - Jurisdiction
Status: in_force

The judgment or decree shall be entered as in other cases, and no objection shall lie to the jurisdiction of the circuit or chancery court, whether the matter be of legal or equitable cognizance. Code 1858, § 3452 (deriv. Acts 1851-1852, ch. 173, §§ 6, 7); Shan., § 5208; Code 1932, § 9385; T.C.A. (orig. ed.), § 23-404.
The judgment or decree shall be entered as in other cases, and no objection shall lie to the jurisdiction of the circuit or chancery court, whether the matter be of legal or equitable cognizance.
Code 1858, § 3452 (deriv. Acts 1851-1852, ch. 173, §§ 6, 7); Shan., § 5208; Code 1932, § 9385; T.C.A. (orig. ed.), § 23-404.
Tenn. Code Ann. § 29-6-124 — TN Code / Title 29 / Chapter 6 / Section 29-6-124
Correction of defects
Status: in_force

The attachment law shall be liberally construed, and the plaintiff, before or during trial, shall be permitted to amend any defect of form in the affidavit, bond, attachment, or other proceedings; and no attachment shall be dismissed for any defect in, or want of, bond, if the plaintiff, plaintiff's agent, or attorney will substitute a sufficient bond. Code 1858, § 3477; Shan., § 5237; Code 1932, § 9427; T.C.A. (orig. ed.), § 23-624.
The attachment law shall be liberally construed, and the plaintiff, before or during trial, shall be permitted to amend any defect of form in the affidavit, bond, attachment, or other proceedings; and no attachment shall be dismissed for any defect in, or want of, bond, if the plaintiff, plaintiff's agent, or attorney will substitute a sufficient bond.
Code 1858, § 3477; Shan., § 5237; Code 1932, § 9427; T.C.A. (orig. ed.), § 23-624.
Tenn. Code Ann. § 29-25-106 — TN Code / Title 29 / Chapter 25 / Section 29-25-106
Filing of answer
Status: in_force

On the return day of the alternative writ, or on such further day as the court may allow, the party on whom the writ has been served may show cause by a sworn answer, and issue may be made thereon, and tried accordingly. Code 1858, § 3570; Shan., § 5334; Code 1932, § 9494; T.C.A. (orig. ed.), § 23-2006.
On the return day of the alternative writ, or on such further day as the court may allow, the party on whom the writ has been served may show cause by a sworn answer, and issue may be made thereon, and tried accordingly.
Code 1858, § 3570; Shan., § 5334; Code 1932, § 9494; T.C.A. (orig. ed.), § 23-2006.
Tenn. Code Ann. § 29-8-104 — TN Code / Title 29 / Chapter 8 / Section 29-8-104
Judgment
Status: in_force

The court may order the name to be changed or the birth certificate to be corrected by entry of record reciting the petition and its reasons therefor. Code 1858, § 3638 (deriv. Acts 1827, ch. 16, § 1); Shan., §5404; mod. Code 1932, § 9563; impl. am. Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), § 23-804.
The court may order the name to be changed or the birth certificate to be corrected by entry of record reciting the petition and its reasons therefor.
Code 1858, § 3638 (deriv. Acts 1827, ch. 16, § 1); Shan., §5404; mod. Code 1932, § 9563; impl. am. Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), § 23-804.
Tenn. Code Ann. § 29-38-112 — TN Code / Title 29 / Chapter 38 / Section 29-38-112
Right of action for contribution
Status: in_force

A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action, or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter and existing law against a person whom a defendant has asserted a right of contribution. Acts 2005, ch. 377, § 12.
A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action, or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter and existing law against a person whom a defendant has asserted a right of contribution.
Acts 2005, ch. 377, § 12.
Tenn. Code Ann. § 29-21-103 — TN Code / Title 29 / Chapter 21 / Section 29-21-103
Judges authorized to grant writ
Status: in_force

The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance. Code 1858, § 3723; Shan., § 5503; mod. Code 1932, § 9674; T.C.A. (orig. ed.), § 23-1803.
The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance.
Code 1858, § 3723; Shan., § 5503; mod. Code 1932, § 9674; T.C.A. (orig. ed.), § 23-1803.
Tenn. Code Ann. § 29-3-111 — TN Code / Title 29 / Chapter 3 / Section 29-3-111
Penalty for violation
Status: in_force

(a) If any person breaks into, enters, or uses any building or place while closed under a preliminary injunction granted under §§ 29-3-101 - 29-3-111, violates any permanent injunction granted under such sections, or knowingly violates any temporary or permanent gang injunction, such person commits a Class C misdemeanor. (b) As used in this section, "knowingly" refers to the mental state as described in § 39-11-302 . Amended by 2014 Tenn. Acts, ch. 865, s 6, eff. 7/1/2014. Acts 1913 (2nd Ex. Sess.), ch. 2, § 7; Shan., § 5164a12; Code 1932, § 9335; T.C.A. (orig. ed.), § 23-312; Acts 1989, ch. 591, § 113.
(a) If any person breaks into, enters, or uses any building or place while closed under a preliminary injunction granted under §§ 29-3-101 - 29-3-111, violates any permanent injunction granted under such sections, or knowingly violates any temporary or permanent gang injunction, such person commits a Class C misdemeanor.
(b) As used in this section, "knowingly" refers to the mental state as described in § 39-11-302 .
Amended by 2014 Tenn. Acts, ch. 865, s 6, eff. 7/1/2014.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 7; Shan., § 5164a12; Code 1932, § 9335; T.C.A. (orig. ed.), § 23-312; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 29-40-125 — TN Code / Title 29 / Chapter 40 / Section 29-40-125
Effect of enforcement by mortgagee
Status: in_force

(a) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not: (1) Make the mortgagee a mortgagee in possession of the real property; (2) Make the mortgagee an agent of the owner; (3) Constitute an election of remedies that precludes a later action to enforce the secured obligation; (4) Make the secured obligation unenforceable; (5) Limit any right available to the mortgagee with respect to the secured obligation; or (6) Except as otherwise provided in subsection (b), bar a deficiency judgment pursuant to the law of this state, other than this chapter, governing or relating to a deficiency judgment. (b) If a receiver sells receivership property that pursuant to § 29-40-116(c) is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to the law of this state, other than this chapter, relating to a deficiency judgment. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not: (1) Make the mortgagee a mortgagee in possession of the real property; (2) Make the mortgagee an agent of the owner; (3) Constitute an election of remedies that precludes a later action to enforce the secured obligation; (4) Make the secured obligation unenforceable; (5) Limit any right available to the mortgagee with respect to the secured obligation; or (6) Except as otherwise provided in subsection (b), bar a deficiency judgment pursuant to the law of this state, other than this chapter, governing or relating to a deficiency judgment.
(1) Make the mortgagee a mortgagee in possession of the real property;
(2) Make the mortgagee an agent of the owner;
(3) Constitute an election of remedies that precludes a later action to enforce the secured obligation;
(4) Make the secured obligation unenforceable;
(5) Limit any right available to the mortgagee with respect to the secured obligation; or
(6) Except as otherwise provided in subsection (b), bar a deficiency judgment pursuant to the law of this state, other than this chapter, governing or relating to a deficiency judgment.
(b) If a receiver sells receivership property that pursuant to § 29-40-116(c) is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to the law of this state, other than this chapter, relating to a deficiency judgment.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-6-145 — TN Code / Title 29 / Chapter 6 / Section 29-6-145
Contents of notice
Status: in_force

This memorandum or notice shall contain the names of the parties, the style of the court to which the attachment is made returnable, the cause alleged for suing it out, and the time and place at which the defendant is required to appear and defend the attachment suit. Code 1858, § 3522 (deriv. Acts 1835-1836, ch. 43, § 5); Shan., §5282; Code 1932, § 9473; T.C.A. (orig. ed.), § 23-645.
This memorandum or notice shall contain the names of the parties, the style of the court to which the attachment is made returnable, the cause alleged for suing it out, and the time and place at which the defendant is required to appear and defend the attachment suit.
Code 1858, § 3522 (deriv. Acts 1835-1836, ch. 43, § 5); Shan., §5282; Code 1932, § 9473; T.C.A. (orig. ed.), § 23-645.