reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-320 - Award

(a)
An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(b)
An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend, or the parties to the arbitration proceeding may agree in a record, to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives an objection that an award was not timely made, unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-321 - Change of award by arbitrator

(a)
On a motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(1)
Upon a ground stated in §
29-5-325(a)(1) or (3)
;
(2)
Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3)
To clarify the award.
(b)
A motion under subsection (a) must be made and notice given to all parties within twenty (20) days after the movant receives notice of the award.
(c)
A party to the arbitration proceeding shall give notice of an objection to the motion within ten (10) days after receipt of the notice.
(d)
If a motion to the court is pending under §
29-5-323
, §
29-5-324
, or §
29-5-325
, then the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1)
Upon a ground stated in §
29-5-325(a)(1) or (a)(3)
;
(2)
Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3)
To clarify the award.
(e)
An award modified or corrected pursuant to this section is subject to §§
29-5-320(a)
,
29-5-323
,
29-5-324
, and
29-5-325
.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-322 - Remedies - Fees, and expenses of arbitration proceeding

(a)
In all cases in which the agreement of the parties does not exclude the seeking of punitive damages, an arbitrator may award punitive damages or other exemplary relief, if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(b)
An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration, if the award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(c)
As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under §
29-5-323
or for vacating an award under §
29-5-324
.
(d)
An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e)
If an arbitrator awards punitive damages or other exemplary relief under subsection (a), then the arbitrator must specify in the award the basis in fact justifying, and the basis in law authorizing, the award and state separately the amount of the punitive damages or other exemplary relief.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-323 - Confirmation of award

After a party to an arbitration proceeding receives notice of an award, the party may make a motion or petition to the court for an order confirming the award, at which time, the court must issue a confirming order, unless the award is modified or corrected pursuant to §
29-5-321
or §
29-5-325
, or is vacated pursuant to §
29-5-324
.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-324 - Vacating award

(a)
Upon a motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(1)
The award was procured by corruption, fraud, or other undue means;
(2)
There was:
(A)
Evident partiality by an arbitrator appointed as a neutral arbitrator;
(B)
Corruption by an arbitrator; or
(C)
Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3)
An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to §
29-5-316
, so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4)
An arbitrator exceeded the arbitrator's powers;
(5)
There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under §
29-5-316(c)
no later than the beginning of the arbitration hearing; or
(6)
The arbitration was conducted without proper notice of the initiation of an arbitration as required in §
29-5-310
so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b)
A motion under this section must be filed 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
, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case, the motion must be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant.
(c)
If the court vacates an award on a ground other than that set forth in subdivision (a)(5), then the court may order a rehearing. If the award is vacated on a ground stated in subdivision (a)(1) or (a)(2), then the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subdivision (a)(3), (a)(4), or (a)(6), then the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in §
29-5-320(b)
for an award.
(d)
If the court denies a motion to vacate an award, then the court must confirm the award, unless a motion to modify or correct the award is pending.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-325 - Modification or correction of award

(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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-326 - Judgment on award - Attorney's fees, and litigation expenses

(a)
Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as other judgments in a civil action.
(b)
A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(c)
On application of a prevailing party to a contested judicial proceeding under §
29-5-323
, §
29-5-324
, or §
29-5-325
, the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-327 - Jurisdiction

(a)
A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(b)
An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this part.
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-328 - Venue

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-329 - Appeals

(a)
An appeal may be taken from:
(1)
An order denying a motion to compel arbitration;
(2)
An order granting a motion to stay arbitration;
(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 final judgment entered pursuant to this part.
(b)
An appeal under this section must be taken as from an order or a judgment in a civil action.
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-330 - Uniformity of application and construction

In applying and construing this part, 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 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-331 - Relationship to electronic signatures in global and national commerce act

The provisions of this part governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of electronic records or signatures conform to the requirements of Section 102 of the federal Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7002
).
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-101 - Grounds for attachment

Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an attachment at law or in equity, against the property of a debtor or defendant, in the following cases:
(1)
Where the debtor or defendant resides out of the state;
(2)
Where the debtor or defendant is about to remove, or has removed, the debtor's or defendant's person or property from the state;
(3)
Where the debtor or defendant has removed, or is removing, the debtor's or defendant's person out of the county privately;
(4)
Where the debtors or defendants concealed is so that the ordinary process of law cannot be served upon the debtor or defendant;
(5)
Where the debtor or defendant absconds, or absconded concealing the debtor's or defendant's person or property;
(6)
Where the debtor or defendant has fraudulently disposed of, or is about fraudulently to dispose of, the property;
(7)
Where any person liable for any debt or demand, residing out of the state, dies, leaving property in the state; or
(8)
Where the debtor or defendant is a foreign corporation which has no agent in this state upon whom process may be served by any person bringing suit against such corporation; provided, that the plaintiff or complainant need only make oath of the justness of the claim, that the debtor or defendant is a foreign corporation and that it has no agent in the county where the property sought to be attached is situated upon whom process can be served.
Code 1858, § 3455 (deriv. Acts 1794, ch. 1, § 19, 21; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166, § 1; 1843-1844, ch. 29, §1; 1851-1852, ch. 365, § 10); Shan., § 5211; Code 1932, §9396; Acts 1968, ch. 523, § 1 (17.05); T.C.A. (orig. ed.), § 23-601.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-102 - Debts not due

An attachment may, in like manner, be sued out upon debts or demands not due, in any of the cases mentioned in §
29-6-101
, except the first; that is, when the debtor or defendant resides out of the state.
Code 1858, § 3456 (deriv. Acts 1855-1856, ch. 50, §§ 1, 3); Shan., § 5213; Code 1932, § 9400; T.C.A. (orig. ed.), § 23-602.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-103 - Endorser or surety

Any accommodation endorser or surety may, in like manner, sue out an attachment against the property of such endorsor's or surety's principal, as a security for the liability, whether the debt on which the accomodation endorsed or surety is bound be due or not.
Code 1858, § 3457 (deriv. Acts 1835-1836, ch. 43, § 8); Shan., §5214; Code 1932, § 9401; T.C.A. (orig. ed.), § 23-603.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-104 - Judgment postponed until debt due

No final judgment or decree shall be rendered upon attachment under §
29-6-102
or §
29-6-103
, until the debt or demand upon which it is based becomes due; nor shall any property levied upon thereby be sold, until final judgment or decree, except property of a perishable nature, which may be sold as in other attachment cases.
Code 1858, § 3458 (deriv. Acts 1855-1856, ch. 50, § 1); Shan., §5215; Code 1932, § 9402; T.C.A. (orig. ed.), § 23-604.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-105 - Discharge on giving bond

The attachment by endorser or surety shall be discharged, if the principal will give bond and security, to be approved by the court, in term time, or its clerk in vacation, to indemnify the plaintiff.
Code 1858, § 3459 (deriv. Acts 1835-1836, ch. 43, § 8); Shan., §5216; Code 1932, § 9403; T.C.A. (orig. ed.), § 23-605.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-106 - Tort actions

(a)
In all actions for torts, brought in any court having jurisdiction thereof, where the defendant is a nonresident of this state, or falls within any of the provisions of §
29-6-101
authorizing attachment to issue, it shall be lawful for the plaintiff to commence such suit by attachment in the same manner as suits are commenced upon contracts by existing laws.
(b)
The plaintiff or plaintiff's agent or attorney shall first make affidavit before the judge or clerk issuing the attachment that the damages sued for are justly due the plaintiff, as affiant believes, but that the true amount of such damages are not ascertained, and that one (1) or more of the causes exist for the issuance of the attachment.
(c)
The plaintiff, plaintiff's agent or attorney, shall give bond with one or more approved securities in double the supposed amount of the damages claimed, unless otherwise fixed, payable to defendant, and conditioned as now provided by law in attachment cases.
(d)
It is the duty of the judge or clerk, before whom the affidavit is made and bond given, to issue the attachment, returnable as in other attachment cases upon contracts.
Acts 1865-1866, ch. 22, §§ 1, 2; Shan., §§5211a1, 5211a2; mod. Code 1932, §§ 9397, 9398; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-606.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-107 - Return of summons unserved

(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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-108 - Property of nonresidents

No judicial attachment shall issue against the estate of any person residing without the limits of the state, unless such process is grounded on an original attachment, or unless the leading process in the suit has been executed on the person of the defendant when within the state.
Code 1858, § 3468 (deriv. Acts 1794, ch. 1, § 23); Shan., § 5228; Code 1932, § 9415; T.C.A. (orig. ed.), § 23-608.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-109 - Parties residents of same foreign state

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-110 - Jurisdiction of courts

Suits by original attachment may be brought in any court, or before any magistrate, having jurisdiction of the cause of action.
Code 1858, § 3460 (deriv. Acts 1794, ch. 1, § 19; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166; 1851-1852, ch. 177); Shan., § 5217; Code 1932, § 9404; T.C.A. (orig. ed.), § 23-610.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-111 - Attachment by chancery on legal debts

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-112 - Officer granting attachment

The attachment may be granted by any judge of the circuit, criminal, or special court, by any chancellor or judge of the court of general sessions, or by the clerk of the court to which the attachment is made returnable.
Code 1858, § 3463 (deriv. Acts 1794, ch. 1, § 19; 1851-1852, ch. 365, §11); Shan., § 5221; Code 1932, § 9408; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-612.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-113 - Plaintiff's affidavit

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-114 - Alternative statement of grounds

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-115 - Plaintiff's bond

The officer to whom application is made, shall, before granting the attachment, require the plaintiff, the plaintiff's agent or attorney, to execute a bond with sufficient security, payable to the defendant, and conditioned that the plaintiff will prosecute the attachment with effect, or, in case of failure, pay the defendant all costs that may be adjudged against defendant, and, also, all such damages as the defendant may sustain by the wrongful suing out of the attachment.
Code 1858, § 3471 (deriv. Acts 1794, ch. 1, § 19); Shan., §5231; mod. Code 1932, § 9418; T.C.A. (orig. ed.), § 23-615.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-116 - Amount of bond

The bond to be required before issuance of the writ shall be in penalty as follows:
(1)
When the amount of the claim is less than the value of the property sought to be attached, a bond in a penalty equal to the asserted amount of the plaintiff's or complainant's debt or lien plus an additional sum which in the opinion of the issuing officer will be sufficient to cover the probable cost of litigation and all damages that may be sustained by reason of the wrongful suing out of the writ;
(2)
When the amount of such debt, or lien of the plaintiff or complainant shall be greater than the value of the property sought to be attached, the penalty shall be equal to the estimated value of such property plus an additional sum which in the opinion of the issuing officer will be sufficient to cover such costs and damages;
(3)
When the claim is for unliquidated damages, the penalty shall be equal to the value of the personal property to be attached plus such sum as will be sufficient to cover such costs and damages; or
(4)
When the property to be attached is real estate, the issuing officer shall only require a bond in penalty sufficient to cover all such costs and damages as same may be estimated by the issuing officer.
Acts 1927, ch. 78, §§ 1-4; mod. Code 1932, § 9419; T.C.A. (orig. ed.), § 23-616.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-117 - Description of property

(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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-118 - Filing of affidavit and bond

The affidavit and bond shall be filed by the officer taking them, in the court to which the attachment is returnable, and shall constitute a part of the record in the cause.
Code 1858, § 3472; Shan., § 5232; Code 1932, § 9422; T.C.A. (orig. ed.), § 23-618.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-119 - Pleadings on debt not due

If the debt or demand, on which the attachment suit is brought, is not due at the time of the service of the attachment, the plaintiff is not required to file any pleadings until the maturity of such debt or demand.
Code 1858, § 3525; Shan., § 5285; Code 1932, § 9477; T.C.A. (orig. ed.), § 23-619.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-120 - Contents of writ

The writ shall be addressed to the sheriff of the county, unless the suit be before a judge of the court of general sessions, and then it may be addressed to a constable; and it shall command the sheriff or constable to attach and safely keep, repleviable upon security, the estate of the defendant, wherever the same may be found in the county, or in the hands of any person indebted to or having any of the effects of the defendant, or so much thereof as shall be of value sufficient to satisfy the debt or demand, and the costs of the complaint.
Code 1858, § 3473 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5233; Code 1932, § 9423; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-620.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-121 - Form of writ

(a)
The writ may be substantially in the following form:
State of Tennessee,
______________ County.
To the sheriff of ______________ County, greeting:
Whereas, A B (or C D, as the agent or attorney of A B) hath complained on oath to me, E F, judge (chancellor or clerk), that G H is justly indebted (or liable) to A B in the sum of ____________________ dollars, and affidavit having also been made in writing, and bond given as required by law in attachment cases, you are hereby commanded to attach so much of the estate of G H as will be of value sufficient to satisfy the debt and costs according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon to be had at the ______________ court, to be held for the county of ______________, on the ____________________ day of ______________ next (or before a general sessions judge of ______________ county, on the ______________ day of ____________________), when and where you will make known how you have executed this writ. Witness, E F, judge of the ______________ court (chancellor or clerk), this ____________________ day of ______________, 20 ____________________. E F.
(b)
No objection will lie to the form of the attachment, if the essential matters in this section be set forth in such attachment.
Code 1858, §§ 3474, 3475 (deriv. Acts 1794, ch. 1, § 24); Shan., §§ 5234, 5235; Code 1932, §§ 9424, 9425; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-621.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-122 - Return of affidavit and bond

The affidavit and bond shall be returned by the officer granting the attachment to the tribunal to which the attachment is made returnable.
Code 1858, § 3516 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5276; Code 1932, § 9467; T.C.A. (orig. ed.), § 23-622.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-123 - Abatement for want of affidavit or bond

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-124 - Correction of defects

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-125 - Alias writs

Alias writs of attachment or new writs of garnishment may issue without new bond or affidavit, when no property has been found, or not sufficient to satisfy the debt, or when, pending the suit, the plaintiff wishes to garnishee other persons.
Code 1858, § 3517; Shan., § 5277; Code 1932, § 9468; T.C.A. (orig. ed.), § 23-625.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-126 - Summons on original attachment

In all suits commenced by original attachment in any court of record, or before a general sessions judge, it shall be the duty of the clerk issuing the attachment, upon application of the plaintiff, to issue a summons also against the defendant for the same cause of action, and if the summons is executed on the defendant, or when the officer returns on the summons that the officer has levied the writ of attachment, but returns on the summons accompanying the writ of attachment that the defendant is not to be found, the plaintiff may sue out alias and pluries summons, directed to the county where the defendant resides, to have service upon the defendant; and if the summons is executed, no publication shall be made, and there shall be no stay of judgment as required by law in attachment cases where the defendant is made a party by attachment and publication only. The summons shall be in the usual form, and, in addition, shall notify the defendant that an original attachment suit has been commenced against the defendant, and shall be returned to the same court as the attachment.
Acts 1871, ch. 134, §§ 1, 2; 1895, ch. 68; integrated in Shan., §§ 5222, 5223; Code 1932, §§ 9409, 9410; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-626.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-127 - Return of ancillary attachment

Attachments sued out in aid of a suit already brought shall be made returnable to the court before whom the suit is pending.
Code 1858, § 3462; Shan., § 5220; Code 1932, § 9407; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-627.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-128 - Amount of property attached

The writ of attachment should direct so much of the property of the defendant to be attached as will be sufficient to satisfy the plaintiff's debt or demand, and all costs.
Code 1858, § 3497; Shan., § 5257; Code 1932, § 9448; T.C.A. (orig. ed.), § 23-628.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-129 - Territorial application of process

The process of attachment issues against the property of the defendant wherever the same may be found.
Code 1858, § 3464 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5224; Code 1932, § 9411; T.C.A. (orig. ed.), § 23-629.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-130 - Counterpart writs

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-131 - Execution by constables

(a)
Constables may execute attachments returnable before general sessions judges, and in cases where the defendant is about to abscond or remove.
(b)
This chapter and chapter 7 of this title in relation to the duties of attaching officers embrace constables whenever they are authorized to serve attachments.
Code 1858, § 3496 (deriv. Acts 1799, ch. 25, § 1); Shan., § 5256; Code 1932, § 9447; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-631.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-132 - Property subject to levy

Attachments may be levied upon any real or personal property of either a legal or equitable nature, debts or choses in action, whether due or not due, in which the defendant has an interest.
Code 1858, § 3500; Shan., § 5260; Code 1932, § 9451; T.C.A. (orig. ed.), § 23-632.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-133 - Personal property preferred

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-134 - Excessive levy

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-135 - Transfer after attachment

Any transfer, sale, or assignment, made after the filing of an attachment bill in chancery, or after the suing out of an attachment at law, of property mentioned in the bill or attachment, as against the plaintiff, shall be inoperative and voidable, as elsewhere provided.
Code 1858, § 3507 (deriv. Acts 1835-1836, ch. 43, § 9); Shan., §5267; mod. Code 1932, § 9458; T.C.A. (orig. ed.), § 23-635.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-136 - Actions after attachment of debt or effects

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-137 - Postponement of judgment if debt attached before due

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-138 - Collection of choses by officer

In all cases where choses in action are attached, the officer levying the attachment may collect the same until the writ is returned, unless otherwise ordered.
Code 1858, § 3502; Shan., § 5262; Code 1932, § 9453; T.C.A. (orig. ed.), § 23-638.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-139 - Money received on attachment

Money attached by the officer, or coming to the officer's hands by virtue of the attachment, shall forthwith be paid over to the clerk of the court in which the suit is pending, to be by the clerk retained until the further action of the court.
Code 1858, § 3506; Shan., § 5266; Code 1932, § 9457; T.C.A. (orig. ed.), § 23-639.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-140 - Appointment of receiver

The court before whom the suit is pending, may, at any time, appoint a receiver to take possession of property attached under this chapter or chapter 7 of this title, and to collect, manage, and control the same, and pay over the proceeds according to the nature of the property and exigency of the case.
Code 1858, § 3503; Shan., § 5263; Code 1932, § 9454; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-640.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-141 - Perishable property

(a)
Perishable property may be sold by order of the court before whom the suit is pending, unless replevied by the defendant.
(b)
If any, or all, of the property is of so perishable a nature, or so expensive, as to render a sale necessary for the interest of the parties, before the officer can make the return, the officer may sell the same, upon advertisement as in the case of execution sales, and make return of the facts with the proceeds of sale.
Code 1858, §§ 3504, 3505 (deriv. Acts 1835-1836, ch. 43, § 4; 1845-1846, ch. 108, § 5); Shan., §§ 5264, 5265; mod. Code 1932, §§ 9455, 9456; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-641.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-142 - Order of publication

(a)
The officer granting the attachment may, at the time, direct that, as soon as the attachment is levied, publication be made in some newspaper, requiring the defendant to appear at a time and place to be mentioned in such publication, before the court having cognizance of the attachment, and defend the action thus commenced, otherwise the cause may be proceeded with ex parte.
(b)
If the order of publication is not then made, the clerk of the court or the court itself may make such order at any time thereafter.
Code 1858, §§ 3518, 3519 (deriv. Acts 1841-1842, ch. 54, § 2; 1845-1846, ch. 108, § 2); Shan., §§ 5278, 5279; Code 1932, §§ 9469, 9470; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-642.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-143 - Entry of publication order in record

(a)
The order should be entered upon the general sessions judge's docket, as well as endorsed upon the papers, in all attachment cases returned before a magistrate.
(b)
In all other cases, the entry should be upon the minutes or rule docket of the court.
Code 1858, § 3520 (deriv. Acts 1845-1846, ch. 108, § 4); Shan., §5280; Code 1932, § 9471; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-643.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-144 - Publication of notice of levy

(a)
As soon as the attachment is levied upon property of the defendant, the clerk of the court shall make out, in pursuance of the order of publication, a memorandum or notice thereof, and cause same to be published forthwith in some convenient newspaper according to law.
(b)
The publication shall be made for four (4) consecutive weeks in a newspaper published in the county in which the suit is brought, if any, and, if not, in some convenient newspaper to be designated in the order, the last publication to be at least one (1) week before the time fixed for the defendant's appearance.
Code 1858, §§ 3521, 3523 (deriv. Acts 1835-1836, ch. 43, § 5; 1841-1842, ch. 54, § 2; 1851-1852, ch. 365, § 3); Shan., §§5281, 5283; Code 1932, §§ 9472, 9474; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-644.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-145 - Contents of notice

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-146 - Notice mailed to nonresidents

(a)
Where publication is made for a nonresident defendant the clerk of the court, in which such suit is filed, shall, immediately after the first publication, mail a copy of the newspaper containing such publication to each of the nonresident defendants directed to each nonresident defendant's last known place of residence, if such place of residence is known or can be ascertained upon inquiry.
(b)
The clerk shall make an entry thereof upon the rule docket showing that such notice has been mailed, for which the clerk shall receive a fee of twenty-five cents (25¢), to be collected by the clerk as other costs in the case.
(c)
Any failure of the clerk to give such notice shall not invalidate or make voidable any proceeding in court against a nonresident defendant.
Acts 1923, ch. 13, § 1; Shan. Supp., § 5284a1; mod. Code 1932, §9476; T.C.A. (orig. ed.), § 23-646.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-147 - Attachment in lieu of personal service

The attachment and publication are in lieu of personal service upon the defendant, and the plaintiff may proceed, upon return of the attachment duly levied, as if the suit had been commenced by summons.
Code 1858, § 3524 (deriv. Acts 1835-1836, ch. 43, § 5; 1851-1852, ch. 365, §3); Shan., § 5284; Code 1932, § 9475; T.C.A. (orig. ed.), § 23-647.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 6 - ATTACHMENT AND REPLEVY (§§ 29-6-101 — 29-6-165) › Section 29-6-148 - Appearance of defendant

(a)
Should the defendant appear in time, the defendant may make defense, and the cause proceed as if the suit had been commenced by personal service of process.
(b)
If the defendant fails to appear or make defense, the plaintiff may take judgment at law, or obtain a decree in equity, in like manner as if the defendant had failed to appear and defend upon personal service of process.
Code 1858, § 3526; Shan., § 5286; Code 1932, § 9478; T.C.A. (orig. ed.), § 23-648.