reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 26-6-101 — 26-6-211) › Part 2 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 26-6-201 — 26-6-211) › Section 26-6-205 - Personal jurisdiction

(a)
A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1)
The defendant was served with process personally in the foreign country;
(2)
The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3)
The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4)
The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(5)
The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(6)
The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
(b)
The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 26-6-101 — 26-6-211) › Part 2 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 26-6-201 — 26-6-211) › Section 26-6-206 - Procedure for recognition of foreign-country judgment

(a)
If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment.
(b)
If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
Added by 2019 Tenn. Acts, ch. 278, s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 26-6-101 — 26-6-211) › Part 2 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 26-6-201 — 26-6-211) › Section 26-6-207 - Effect of recognition of foreign-country judgment

If the court in a proceeding under §
26-6-206
finds that the foreign-country judgment is entitled to recognition under this part, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1)
Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2)
Enforceable in the same manner and to the same extent as a judgment rendered in this state.
Added by 2019 Tenn. Acts, ch. 278, s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 26-6-101 — 26-6-211) › Part 2 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 26-6-201 — 26-6-211) › Section 26-6-208 - Stay of proceedings pending appeal of foreign-country judgment

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 26-6-101 — 26-6-211) › Part 2 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 26-6-201 — 26-6-211) › Section 26-6-209 - Statute of limitations

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or ten (10) years from the date that the foreign-country judgment became effective in the foreign country.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 26-6-101 — 26-6-211) › Part 2 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 26-6-201 — 26-6-211) › Section 26-6-210 - Uniformity of interpretation

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 26-6-101 — 26-6-211) › Part 2 - UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (§§ 26-6-201 — 26-6-211) › Section 26-6-211 - Savings clause

This part does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this part.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-101 - Appeal by state of order dealing with injunctive relief in action challenging constitutionality of state statute

In an action brought against this state, a department or agency of this state, or an official of this state in their official capacity that challenges the constitutionality of a state statute, the state may appeal as of right from an interlocutory order of a circuit or chancery court of this state that:
(1)
Grants, continues, or modifies an injunction; or
(2)
Denies a motion to dissolve or modify an injunction.
Added by 2021 Tenn. Acts, ch. 564,s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-113 - Findings of fact - Scope of review

In all cases tried on the facts in a chancery court and afterwards brought for review to the court of appeals, the court of appeals shall, to the extent that the facts are not stipulated or are not concluded by the findings of the jury, make and file written findings of fact, which thereupon shall become a part of the record. Before any such findings shall become final, reasonable opportunity shall be afforded the parties to examine the findings and to ask for different or additional findings. Where there has been a concurrent finding of the master and chancellor, which under the principles now obtaining is binding on the appellate courts, the court of appeals shall not have the right to disturb such finding. To the extent that the findings of the chancery court and the court of appeals concur, they shall, if there be any evidence to support them, be conclusive upon any review of the facts in the supreme court; to the extent that they do not concur, they shall be open to examination in that court. The court of appeals shall not be limited to the consideration of such facts as were found or requested in the lower court, but it shall independently consider and find all material facts in the record; and either party, whether appellant or not, may assign error on the failure of the chancellor to find any material fact, without regard to whether such fact was found or requested in the lower court. This shall not apply to any case tried in the chancery court upon oral testimony.
Acts 1925, ch. 100, § 12; Shan. Supp., § 6325a12; Acts 1927, ch. 68, § 1; Code 1932, § 10620; Acts 1972, ch. 565, § 2; T.C.A. (orig. ed.), § 27-113.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-114 - Filing of findings

The court of appeals shall file its findings at the same time that it renders its decision. It shall be the duty of chancellors, except where the findings are or have been incorporated in the decree as above provided, to file their findings of fact within thirty (30) days after appeal; and the clerk shall then give notice thereof to the parties or their counsel, who shall have the right by petition to ask for different or additional findings; and, if no such petition shall be filed within five (5) days after such notice, unless the time shall be extended by order of the court, the findings shall not be further questioned in that court; provided, that the time in which such petition may be filed shall in no event be less than five (5) days from the taking of an appeal. For the purposes stated, the cause shall remain in the chancery court even after the appeal has been taken. The same rules and practice shall govern with respect to cases tried on the facts in courts exercising the former jurisdictions of county courts and thence brought directly to the court of appeals. The provisions as to a finding of facts shall not apply where, before it is made up, the judge who tried the case has died or has gone out of office, and in such case the clerk shall include in the record a certificate to that effect.
Acts 1925, ch. 100, § 12; Shan. Supp., § 6325a12; mod. Code 1932, § 10621; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §27-114; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-118 - Written opinions in supreme court

The judges of the supreme court shall give written opinions, stating the points of law on which the action of the court is based, in all cases determined by them, except actions in which there is no defense.
Code 1858, § 3931 (deriv. Acts 1829, ch. 60, § 2); Shan., § 5735; Code 1932, § 9924; T.C.A. (orig. ed.), § 27-120.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-119 - Opinions furnished to counsel

(a)
The members of the supreme court, the court of appeals and court of criminal appeals for each division of the state shall immediately, on announcement of the opinion of the court in any case before it, mail a copy of the opinion filed by the court in each case decided in such court to counsel of record for each of the parties thereto.
(b)
Where more than one (1) person shall appear as counsel of record for one (1) party, or where one (1) or more persons shall appear as counsel for more than one (1) party, then only one (1) copy of the opinion shall be mailed.
(c)
If the court so desires, it may deliver such copies to the clerk of the court, who shall mail such copies to counsel of record, the mailing fees to be taxed as a part of the costs of the cause.
Acts 1943, ch. 74, §§ 1, 2; mod. C. Supp. 1950, §§9924.1, 10629.1 (Williams, §§ 9924.1, 9924.2); modified; T.C.A. (orig. ed.), § 27-121; modified.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-120 - Reasons for reversal furnished trial court

If the judgment of the inferior court is reversed and the cause remanded, the judges shall file, in writing, with the clerk, the reasons of reversal, and the points of law in the judgment of the inferior court in which the error existed, to be copied by the clerk, and certified to the inferior court as part of the record of reversal.
Code 1858, § 3932 (deriv. Acts 1829, ch. 60, § 1); Shan., § 5736; Code 1932, § 9925; T.C.A. (orig. ed.), § 27-122.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-121 - Appeals judges excused from attendance at announcement of decisions

(a)
When cases are heard and determined by judges of the court of appeals and court of criminal appeals who do not reside in the grand division in which the cases arose and were heard, it shall not be necessary for such judges to be present in person when decisions in such cases are announced; and it shall be lawful for the minutes containing the judgments or decrees in such cases to be signed by the judges residing in the grand division in which such cases arose and were heard or tried.
(b)
A written opinion and findings signed by the judges who heard and determined the case shall be filed with the clerk of the court before the judgment or decree is entered.
(c)
The judgments and decrees so entered and authenticated shall be, in all respects, as valid as if they were authenticated by the signatures, to the minutes, of the judges rendering them.
Acts 1929, ch. 95, §§ 1, 2; mod. Code 1932, §§ 10623, 10624; T.C.A. (orig. ed.), § 27-123; modified.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-122 - Damages for frivolous appeal

When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a party or of its own motion, award just damages against the appellant, which may include, but need not be limited to, costs, interest on the judgment, and expenses incurred by the appellee as a result of the appeal.
Acts 1975, ch. 203, § 1; T.C.A., § 27-124.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-123 - Notice of appeal not jurisdictional

Notwithstanding any other provision of law or rule of court to the contrary, in all criminal cases the "notice of appeal" document is not jurisdictional and the filing of such document may be waived in the interests of justice. The appropriate appellate court shall be the court that determines whether such a waiver is in the interests of justice.
Acts 1983, ch. 417, § 1.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-124 - Stay of execution - Bond required in civil matters

(a)
If a plaintiff in a civil action obtains a judgment under any legal theory, the amount of the appeal bond necessary to stay execution during the course of all appeals or discretionary reviews of that judgment by any appellate court shall not exceed the lesser of twenty-five million dollars ($25,000,000) or one hundred twenty-five percent (125%) of the judgment amount.
(b)
For purposes of determining the amount of the required bond, the court shall not include punitive or exemplary damages in the judgment amount.
(c)
Notwithstanding subsections (a) and (b), if a party proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that are necessary to protect the appellee and establish the bond amount, which may include any punitive or exemplary damages.
(d)
If the appellant establishes by clear and convincing evidence at a post judgment hearing that the cost of the bond and the obligation resulting from the surety's payment of the bond in an amount authorized by this section will render the appellant insolvent, the court shall establish a security in an amount, and other terms and conditions it deems proper, that would allow the appeal of the judgment to proceed, without resulting in the appellant's insolvency. This subsection (d) should be narrowly construed.
(e)
If this section is found to be in conflict with any rules prescribed by the supreme court, this section shall apply notwithstanding §
16-3-406
.
Acts 2003, ch. 276, § 1; 2011, ch. 510, § 7.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 1 - GENERAL PROVISIONS (§§ 27-1-101 — 27-1-125) › Section 27-1-125 - Appeal from an order of a trial court granting or denying class action certification

The court of appeals shall hear appeals from orders of trial courts granting or denying class certification under Rule 23 of the Tennessee Rules of Civil Procedure, if a notice is filed within ten (10) days after entry of the order. All proceedings in the trial court shall be automatically stayed pending the appeal of the class certification ruling.
Acts 2005, ch. 280, §1; 2011 , ch. 510, § 13.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 2 - REHEARING, REVIEW, AND NEW TRIAL (§ 27-2-101) › Section 27-2-101 - Number of new trials in jury cases

Not more than two (2) new trials shall be granted to the same party in an action at law, or upon the trial by jury of an issue of fact in equity.
Code 1858, § 3122 (deriv. Acts 1801, ch. 6, § 59); Shan., § 4850; Code 1932, § 8984; T.C.A. (orig. ed.), § 27-202.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 3 - APPEALS GENERALLY (§§ 27-3-101 — 27-3-131) › Section 27-3-107 - Appeal from county court in cases other than equity

In all other cases determined in the county court, an appeal may be taken to the circuit court, or, both parties consenting, to the proper appellate court.
Code 1858, § 3173 (deriv. Acts 1813, ch. 78, § 2); Shan., § 4908; Code 1932, § 9060; T.C.A. (orig. ed.), § 27-307; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 3 - APPEALS GENERALLY (§§ 27-3-101 — 27-3-131) › Section 27-3-128 - Remand for correction of record

The court shall also, in all cases, where, in its opinion, complete justice cannot be had by reason of some defect in the record, want of proper parties, or oversight without culpable negligence, remand the cause to the court below for further proceedings, with proper directions to effectuate the objects of the order, and upon such terms as may be deemed right.
Code 1858, § 3170; Shan., § 4905; Code 1932, § 9054; T.C.A. (orig. ed.), § 27-329.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 3 - APPEALS GENERALLY (§§ 27-3-101 — 27-3-131) › Section 27-3-131 - Appeals in misdemeanor cases - Trial de novo - Jury trial

(a)
Notwithstanding Rule 5(c)(2) of the Tennessee Rules of Criminal Procedure to the contrary, the defendant may in any case covered by such rule appeal a verdict of guilty or the sentence imposed or both to the circuit or criminal court for a trial de novo with or without a jury.
(b)
Demand for a jury trial shall be made at the time of filing an appeal under §
27-5-108
, to the circuit or criminal court. If such demand is not made at the time of filing the appeal, the right to a trial by jury is waived.
Acts 1984, ch. 879, §§ 1, 2; 1985, ch. 397, § 1.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-101 - Appeal to circuit court

Any party dissatisfied with the sentence, judgment, or decree of the county court, may pray an appeal to the circuit court of the county, unless it is otherwise expressly provided.
Code 1858, § 3147 (deriv. Acts 1843-1844, ch. 99); Shan., § 4879; mod. Code 1932, § 9028; T.C.A. (orig. ed.), § 27-401.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-102 - Appeal to appellate court

In all cases in which the jurisdiction of the county court is concurrent with the circuit or chancery courts, or in which both parties consent, the appeal lies direct to the court of appeals or supreme court, as the case may be.
Code 1858, § 3148 (deriv. Acts 1813, ch. 78, § 2; 1855-1856, ch. 116, §5); Shan., § 4880; Code 1932, § 9029; T.C.A. (orig. ed.), § 27-402.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-103 - Term to which taken

The appeal is to the next term of the circuit court, if more than five (5) days intervene between the date of appeal and the first day of the term. If less time intervene, the appeal is to the next succeeding term.
Code 1858, § 3149; Shan., § 4881; Code 1932, § 9030; T.C.A. (orig. ed.), § 27-403.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-104 - Transcript to circuit court

A transcript of the record of the suit, on which the appeal is made, shall be delivered to the clerk of the circuit court by the first day of the term to which the appeal is taken, unless the time be extended by the court.
Code 1858, § 3150 (deriv. Acts 1794, ch. 1, § 66); Shan., §4882; mod. Code 1932, § 9031; T.C.A. (orig. ed.), § 27-404.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-105 - Copy of proceedings by clerk

The county clerk, upon appeal taken, shall immediately make a full and perfect copy of all the proceedings in the cause, and, within five (5) days after the appeal, give the same, with a taxation of all costs accrued, to the appellant, if required, and endorse on the copy the day on which it was demanded, and the day on which it was delivered, and sign the clerk's name thereto; or, if the same is not demanded before the first day of the next circuit court, the county clerk shall then deliver the same to the circuit court clerk.
Code 1858, § 3153 (deriv. Acts 1794, ch. 1, § 68); Shan., § 4885; Code 1932, § 9034; T.C.A. (orig. ed.), § 27-405.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-106 - Receipt of transcript by circuit court clerk

The clerk of the circuit court, upon receiving the transcript, shall give a receipt to the person delivering it, and immediately endorse thereon the date of its delivery, and shall enter it on the proper docket.
Code 1858, § 3154 (deriv. Acts 1794, ch. 1, § 69); Shan., 4886; Code 1932, § 9035; T.C.A. (orig. ed.), § 27-406.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-107 - Affirmance on default of appellant

If the transcript is not filed within the time prescribed in §
27-4-104
, or if the appellant shall fail to appear, or to prosecute an appeal, the judgment or decree of the county court may, in the discretion of the court, be affirmed.
Code 1858, § 3151 (deriv. Acts 1794, ch. 1, § 66); Shan., §4883; mod. Code 1932, § 9032; T.C.A. (orig. ed.), § 27-407.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 4 - APPEALS FROM COUNTY COURT (§§ 27-4-101 — 27-4-108) › Section 27-4-108 - Trial de novo

On appeal, all jury cases in the county court shall be tried de novo in the circuit court and all chancery cases, or proceedings in the nature of chancery cases, shall be reheard as if the proceedings had been commenced in the circuit court.
Code 1858, § 3152 (deriv. Acts 1794, ch. 1, § 66); Shan., § 4884; Code 1932, § 9033; T.C.A. (orig. ed.), § 27-408.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-101 - Right of appeal

Any person dissatisfied with the judgment of a recorder or other officer of a municipality charged with the conduct of trials, in a civil action, may, within ten (10) entire days thereafter, Sundays exclusive, appeal to the next term of circuit court.
Code 1858, § 3140 (deriv. Acts 1835-1836, ch. 17, §10); Acts 1869-1870, ch. 85; Shan., § 4871; mod. Code 1932, § 9019; Acts 1969, ch. 281, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-501.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-102 - Appeal from recorder or municipal officer

Any party dissatisfied with the judgment of a recorder or officer of a municipal corporation charged with the trial of causes may appeal to the next circuit or special court, in all cases in which an appeal is allowed from the judgment of a judge of the court of general sessions, and subject to the same terms and restrictions.
Acts 1869-1870, ch. 85; Shan., § 4878; mod. Code 1932, §9027; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-502.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-103 - Appeal bond - Oath

(a)
Before the appeal is granted, the person appealing shall give bond with good security, as hereinafter provided, for the costs of the appeal, or take the oath for poor persons.
(b)
An appeal bond filed by a plaintiff or defendant pursuant to this chapter shall be considered sufficient if it secures the cost of the cause on appeal.
Code 1858, § 3141 (deriv. Acts 1794, ch. 1, § 54); Shan., § 4872; Code 1932, § 9020; T.C.A. (orig. ed.), § 27-503; Acts 1988, ch. 647, §§ 1, 2.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-104 - Security for costs

The original plaintiff may be ruled to security in the appellate court for the costs of the cause.
Code 1858, § 3146 (deriv. Acts 1813, ch. 131, § 2); Shan., § 4877; Code 1932, § 9026; T.C.A. (orig. ed.), § 27-504.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-105 - Filing of papers in circuit court

(a)
(1)
When an appeal shall be perfected from the judgment of any judge of the court of general sessions, it shall be the duty of the clerk of the general sessions court to file the papers in the case in the office of the clerk of the circuit court, at least five (5) days before the meeting of the circuit court.
(2)
If an appeal is perfected within five (5) days before the meeting of the circuit court, the papers in the case shall be filed in the clerk's office by or on the first day of the term.
(b)
Any general sessions court clerk failing to comply with this section shall have no fees or costs allowed in such case.
Acts 1889, ch. 251, §§ 1, 2; Shan., § 4873; mod. Code 1932, § 9021; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-505; modified.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-106 - Judgment on default of appellant

(a)
If the clerk fails to return the papers within the time prescribed, but returns them during the term to which the same are returnable, and the appellant fails to appear and prosecute the appeal, if such appellant is the original defendant, the plaintiff shall have judgment final, by default, for the amount of the judgment of the court of general sessions, against the appellant for the debt and the appellant and the appellant's sureties for the cost.
(b)
If the plaintiff is the appellant, and fails to appear within the term, the plaintiff's suit shall be dismissed, and judgment given against the plaintiff and the plaintiff's sureties for costs.
Code 1858, § 3144 (deriv. Acts 1811, ch. 119, § 2); Shan., § 4875; Code 1932, § 9024; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-507; modified; Acts 1988, ch. 647, § 3.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-107 - Affirmance

If the papers are properly returned, and the appellant fails to appear or defend as above, or if the appeal is dismissed for any cause, the appellee is entitled to an affirmance of the judgment below, with costs.
Code 1858, § 3145; Shan., § 4876; mod. Code 1932, § 9025; T.C.A. (orig. ed.), § 27-508.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 5 - APPEALS FROM GENERAL SESSIONS COURT AND MUNICIPAL OFFICERS (§§ 27-5-101 — 27-5-108) › Section 27-5-108 - Appeal from general sessions court

(a)
(1)
Any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with this chapter.
(2)
In civil cases, if one (1) or more of the parties before the general sessions court, on one (1) or more warrants, perfects an appeal of a decision of the general sessions court to the circuit court, as provided in this section, then cross appeals and separate appeals are not required, and upon the filing of a notice of appeal by any party, issues may be brought up for review by any party.
(b)
This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee.
(c)
Any appeal shall be heard de novo in the circuit court.
(d)
(1)
Except as provided in subdivision (d)(2), if no appeal is taken within the time provided, then execution may issue.
(2)
For a writ of possession, if no appeal is taken within the time provided, then execution shall issue by operation of law.
Amended by 2023 Tenn. Acts, ch. 295,s 1, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 858, s 1, eff. 5/3/2018.
Acts 1959, ch. 109, § 4; T.C.A., § 27-509; modified; Acts 2002, ch. 707, §1; 2008 , ch. 756, § 1.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-101 - Right to writ

A writ of error lies from the final judgment of the court of general sessions to the circuit or proper appellate court, and from the circuit and chancery court to such appellate court, in all cases where an appeal in the nature of a writ of error would have lain.
Code 1858, § 3176 (deriv. Acts 1794, ch. 1, §§ 37, 65, 67; 1827, ch. 50, § 1); Shan., § 4911; mod. Code 1932, §9063; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-601.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-102 - Issuance of writ

It may be moved for and obtained in the appellate court, or issued by the clerk of the appellate court in vacation, upon the transcript of the record being filed in the appellate court clerk's office, and bond given as required by law.
Code 1858, § 3177 (deriv. Acts 1794, ch. 1, §§ 37, 65; 1811, ch. 72, §12); Shan., § 4912; Code 1932, § 9064; T.C.A. (orig. ed.), § 27-602.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-103 - Time for application to circuit court

The application to a clerk of circuit court to bring up a proceeding of the court of general sessions shall be made within sixty (60) days after the date of the judgment appealed from.
Code 1858, § 3179 (deriv. Acts 1823, ch. 44, § 1); Shan., § 4915; Code 1932, § 9067; mod. C. Supp. 1950, § 9067; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-603.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-104 - Time for application to appellate court

The application to the clerk of the proper appellate court to bring up a proceeding of the circuit, chancery, or general sessions court shall be made within one (1) year after the judgment or decree.
Code 1858, § 3180 (deriv. Acts 1811, ch. 72, § 12); Shan., § 4916; Code 1932, § 9068; modified; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), § 27-604.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-105 - Time for application to appellate court or judge

The application to the appellate court, or a judge thereof, to bring up a proceeding of the circuit, chancery, or general sessions court shall be made within two (2) years after the judgment or decree.
Code 1858, § 3181 (deriv. Acts 1799, ch. 12, § 1); Shan., § 4917; Code 1932, § 9069; modified; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), § 27-605.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-106 - Persons with legal rights restored

Infants, persons adjudicated incompetent, or imprisoned may prosecute writs of error within the time prescribed after legal rights are restored.
Code 1858, § 3182 (deriv. Acts 1799, ch. 12, § 1); Acts 1901, ch. 15, §4; Shan., § 4918; mod. Code 1932, § 9070; T.C.A. (orig. ed.), §27-606; Acts 2011 , ch. 47, § 16.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-107 - Allowance after dismissal of appeal

Where an appeal in the nature of a writ of error is dismissed on the ground that the record was not brought up within the time prescribed by the rules of the court, the appellant may, notwithstanding, prosecute a writ of error within the same time, and under the same regulations, as if no appeal in the nature of a writ of error had been taken in the case.
Code 1858, § 3185 (deriv. Acts 1827, ch. 50, § 1); Shan., § 4921; Code 1932, § 9073; T.C.A. (orig. ed.), § 27-607.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-108 - Notice of intent to apply

If sued out after the term of the court at which the judgment complained of was rendered, five (5) days' notice, in writing, shall be given to the adverse party of the intention to apply for the writ.
Code 1858, § 3183 (deriv. Acts 1794, ch. 1, § 37; 1835-1836, ch. 3, §19); Shan., § 4919; Code 1932, § 9071; T.C.A. (orig. ed.), § 27-608.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-109 - Proceedings as on appeal

The bond required from the applicant for the writ of error, and the proceedings in the appellate court thereafter, are the same as those upon an appeal, as provided in this title.
Code 1858, § 3184 (deriv. Acts 1811, ch. 72, § 12); Shan., § 4920; Code 1932, § 9072; T.C.A. (orig. ed.), § 27-609.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-110 - Bond without supersedeas

Any person may obtain a writ of error, without supersedeas, by giving bond and security for costs alone, if application therefor be made within the time provided by law for such writ, or, if unable to give security, then such person may pauperize.
Acts 1859-1860, ch. 4; Shan., § 4914; Code 1932, § 9066; T.C.A. (orig. ed.), § 27-610.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-111 - Supersedeas

The writ of error does not supersede the execution of the judgment, unless a judge of the proper appellate court is of opinion, from inspecting the record, that there is error, and shall order a supersedeas to issue.
Code 1858, § 3178 (deriv. Acts 1811, ch. 72, § 12); Shan., § 4913; Code 1932, § 9065; T.C.A. (orig. ed.), § 27-611.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 6 - WRIT OF ERROR (§§ 27-6-101 — 27-6-112) › Section 27-6-112 - Effect of reversal on execution sale

If the judgment or decree below has been executed by a sale of property, either real or personal, before the writ of error is obtained and supersedeas granted, the right, title, and interest of any purchaser, previously acquired under the judgment or decree, shall not be disturbed or affected by the reversal of such decree.
Code 1858, § 3186 (deriv. Acts 1835-1836, ch. 20, § 16); Shan., §4922; Code 1932, § 9074; T.C.A. (orig. ed.), § 27-612.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-101 - Right to relief

Any person aggrieved by the judgment of any court in a civil case which is not governed by the Tennessee Rules of Civil Procedure by reason of a material error in fact may reverse the judgment upon writ of error coram nobis as provided in this chapter.
Code 1858, § 3110; Shan., § 4838; Code 1932, § 8971; Acts 1972, ch. 565, § 2; T.C.A. (orig. ed.), § 27-701.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-102 - Errors reached by writ

The relief embraced in this chapter is confined to errors of fact occurring in proceedings of which the person seeking relief has had no notice, or which such person was prevented by disability from showing or correcting, or where a defense was prevented by surprise, accident, mistake, or fraud, without fault on such person's part. Thus, infancy at the rendition of the judgment, not appearing on the record sought to be corrected, or a real defense to an action by motion, of which the party aggrieved had no notice, and so of like cases, are good grounds for relief under this writ.
Code 1858, §§ 3116, 3117; Shan., §§ 4844, 4845; Code 1932, §§ 8977, 8978; T.C.A. (orig. ed.), § 27-702.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-103 - Petition - Supersedeas

The writ of error coram nobis may be had within one (1) year after the judgment becomes final by petition presented to the judge at chambers or in open court, who may order it to operate as a supersedeas or not.
Code 1858, § 3111; Shan., § 4839; Code 1932, § 8972; Acts 1967, ch. 386, § 1; T.C.A. (orig. ed.), § 27-703.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-104 - Bond for supersedeas

Before such order shall operate as a supersedeas, the party applying shall give bond, with good security, in double the amount of the judgment, conditioned to abide by and perform the judgment or decree of the court.
Code 1858, § 3112; Shan., § 4840; Code 1932, § 8973; T.C.A. (orig. ed.), § 27-704.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-105 - Notice to opposite party

Notice of the suing out of the writ shall be served on the opposite party, or that party's attorney, at least ten (10) days prior to the term of the court to which the writ is returnable, or the cause shall be continued to the next succeeding term, unless the party entitled to notice consents to a trial at the first term.
Code 1858, § 3113; Shan., § 4841; Code 1932, § 8974; T.C.A. (orig. ed.), § 27-705.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-106 - Failure to try at first term

If the matter is not tried at the first term after the writ is sued out, the court may discharge the supersedeas, upon the motion of the adverse party, and the supersedeas's denial on oath of the facts alleged in the petition, upon taking a refunding bond, with good security, to perform the judgment in case the suit should be eventually decided in favor of the party suing out the writ.
Code 1858, § 3118; Shan., § 4846; Code 1932, § 8979; T.C.A. (orig. ed.), § 27-706.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-107 - Rules - Orders of publication

The court may order publication for nonresident defendants, who have no known agent or attorney in the state, and may prescribe rules for the assignment of errors, making issues thereon, and for all such other matters as are necessary to give full effect to this proceeding.
Code 1858, § 3115; Shan., § 4843; Code 1932, § 8976; T.C.A. (orig. ed.), § 27-707.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 7 - WRIT OF ERROR CORAM NOBIS (§§ 27-7-101 — 27-7-108) › Section 27-7-108 - Judgment against plaintiff in error

In all cases of affirmance of the judgment, or dismissal of the writ for any cause, where the original judgment has been superseded, judgment shall be rendered against the plaintiff in error and any sureties for the amount of the former judgment, with interest at the rate of twelve and one-half percent (12½%) per annum from the rendition thereof, and all costs.
Code 1858, § 3114; Shan., § 4842; Code 1932, § 8975; T.C.A. (orig. ed.), § 27-708.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-101 - Constitutional basis

The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy, or adequate remedy. This section does not apply to actions governed by the Tennessee Rules of Appellate Procedure.
Code 1858, § 3123 (deriv. Const. 1834, art. 6, § 10); Shan., § 4853; Code 1932, § 8989; T.C.A. (orig. ed.), § 27-801; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-102 - Cases in which writ lies

(a)
Certiorari lies:
(1)
On suggestion of diminution;
(2)
Where no appeal is given;
(3)
As a substitute for appeal;
(4)
Instead of audita querela; or
(5)
Instead of writ of error.
(b)
This section does not apply to actions governed by the Tennessee Rules of Appellate Procedure.
Code 1858, § 3124; Shan., § 4854; Code 1932, § 8990; T.C.A. (orig. ed.), § 27-802; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-103 - Levy not required

It is not necessary that a levy shall be made on the defendant's property in order to entitle the defendant to the writ of certiorari and supersedeas.
Acts 1877, ch. 132, § 1; Shan., § 4855; Code 1932, § 8990a; T.C.A. (orig. ed.), § 27-803.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-104 - Power of circuit and chancery courts

(a)
The judges of the inferior courts of law have the power, in all civil cases, to issue writs of certiorari to remove any cause or transcript thereof from any inferior jurisdiction, on sufficient cause, supported by oath or affirmation.
(b)
The chancellors shall have concurrent jurisdiction with the judges of the circuit courts of this state in granting writs of certiorari and supersedeas removing causes from general sessions courts to the circuit courts.
Code 1858, § 3126 (deriv. Const. 1834, art. 6, § 10); Acts 1877, ch. 64; Shan., § 4857; Code 1932, § 8992; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-804.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-105 - Power of general sessions judges

Two (2) general sessions judges may, within twenty (20) days after judgment, grant a certiorari and supersedeas to remove the proceedings of a general sessions judge to the circuit court.
Code 1858, § 3127 (deriv. Acts 1801, ch. 7, § 4; 1833, ch. 65, § 2); Shan., § 4858; Code 1932, § 8993; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-805.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-106 - Petition

The petition for certiorari may be sworn to before the clerk of the circuit court, the judge, any judge of the court of general sessions, or a notary public, and shall state that it is the first application for the writ.
Code 1858, § 3128 (deriv. Acts 1833, ch. 65, § 1); Shan., §4859; mod. Code 1932, § 8994; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-806.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-107 - Return to circuit courts

All writs of certiorari and supersedeas granted to revise the proceedings of the county court, or any general sessions judge, shall be made returnable to the circuit court unless otherwise expressly provided by law.
Code 1858, § 3125; Shan., § 4856; Code 1932, § 8991; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-807.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-108 - Amount of supersedeas

Where the error complained of is in the amount of the judgment, the petition shall show the amount of the mistake, and the supersedeas shall not issue for more than such amount, and the plaintiff in the judgment shall be entitled to execution for the balance not complained of, as if no such writ had been obtained.
Code 1858, § 3129 (deriv. Acts 1827, ch. 26, § 1; 1829, ch. 16, § 1); Shan., § 4860; Code 1932, § 8995; T.C.A. (orig. ed.), § 27-808.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-109 - Part of judgment involved

When the certiorari extends only to a part of the judgment, or it is brought by one (1) or more of several parties only, a certified copy of the proceedings complained of shall be made out by the proper officer, and filed in lieu of the original papers, and proceedings as to parties who do not join in the application shall not be affected.
Code 1858, § 3130 (deriv. Acts 1827, ch. 26, § 3); Shan., § 4861; Code 1932, § 8996; T.C.A. (orig. ed.), § 27-809.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-110 - Prosecution bond

The clerk of the circuit court, before such clerk issues the writ, shall take bond from the party applying, with good security, in double the amount of the judgment or error complained of, payable to the opposite party, conditioned to prosecute the writ with effect, or perform the judgment which shall be rendered in the cause.
Code 1858, § 3131 (deriv. Acts 1807, ch. 81, § 1); Shan., § 4862; Code 1932, § 8997; T.C.A. (orig. ed.), § 27-810.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-111 - Security for costs

The original plaintiff, upon certiorari to a higher court, may be ruled to give security for the costs of suit in such higher court.
Code 1858, § 3139; Shan., § 4870; Code 1932, § 9007; T.C.A. (orig. ed.), § 27-811.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-112 - Supersedeas

The clerk shall also issue a writ of supersedeas in all necessary cases, directed to the opposite party, or the officer in whose hands the execution may be, which shall effectually supersede all further proceedings thereon.
Code 1858, § 3132; Shan., § 4863; Code 1932, § 8998; T.C.A. (orig. ed.), § 27-812.