reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-106 - Seller's liability

No product liability action, as defined in §
29-28-102
, shall be commenced or maintained against any seller, other than the manufacturer, unless:
(1)
The seller exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused the alleged harm for which recovery of damages is sought;
(2)
Altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought;
(3)
The seller gave an express warranty as defined by title 47, chapter 2;
(4)
The manufacturer or distributor of the product or part in question is not subject to service of process in this state and the long-arm statutes of Tennessee do not serve as the basis for obtaining service of process; or
(5)
The manufacturer has been judicially declared insolvent.
Acts 1978, ch. 703, § 6; T.C.A., § 23-3706; Acts 1983, ch. 286, §1; 2011 , ch. 510, § 12.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-107 - Complaint - Statement of damages

Any complaint filed in a products liability action shall state an amount of such suit sought to be recovered from any defendant.
Acts 1978, ch. 703, § 7; T.C.A., § 23-3707.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-108 - Product altered or abnormally used

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or seller but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance or abnormal use, the manufacturer or seller is not liable.
Acts 1978, ch. 703, § 9; T.C.A., § 23-3708.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 29 - QUIETING TITLE (§§ 29-29-101 — 29-29-105) › Section 29-29-101 - Persons not in being made defendants

In any suit in equity brought in any court under its general equity jurisdiction to quiet, perfect, or adjudge the title to real estate, or to remove clouds from the title thereof, situated within the state, in which suit it is sought to determine the rights or claims of any person not in being, such person may be made defendant, and such parties defendant may be designated by general words of descriptions such as the unborn children or representatives of children of A. B. a living person.
Acts 1919, ch. 13, § 1; Shan. Supp., § 5009a1; Code 1932, §9160; T.C.A. (orig. ed.), § 23-2201.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 29 - QUIETING TITLE (§§ 29-29-101 — 29-29-105) › Section 29-29-102 - Constructive service on persons not in being

If in such suit it shall appear that there is or may be any person who has been made a party defendant under §
29-29-101
, a general notice of such suit shall be published in a newspaper within the county in which the land involved is situated, and if there is no newspaper in the county, then in an adjoining county, for four (4) consecutive weeks next preceding the hearing of such suit, and also general notice shall be posted in a conspicuous place on the premises for four (4) weeks next preceding the hearing of such suit, and notice given in accordance with this section shall be deemed constructive service on all unborn parties defendant.
Acts 1919, ch. 13, § 2; Shan. Supp., § 5009a2; Code 1932, §9161; T.C.A. (orig. ed.), § 23-2202.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 29 - QUIETING TITLE (§§ 29-29-101 — 29-29-105) › Section 29-29-103 - Guardian ad litem or next friend

If, after notice has been given as provided in §
29-29-102
, it shall appear to the court that there are parties defendant who are not in being and who are not represented before the court, the court may of its own motion or on the motion of any party, appoint a suitable person to act as guardian ad litem or next friend of any such party or parties, and if there are or may be any parties defendant who have conflicting interests, the court may appoint different guardians ad litem or next friends to represent them.
Acts 1919, ch. 13, § 3; Shan. Supp., § 5009a3; Code 1932, §9162; T.C.A. (orig. ed.), § 23-2203.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 29 - QUIETING TITLE (§§ 29-29-101 — 29-29-105) › Section 29-29-104 - Costs of guardian or next friend

The cost of appearance of any such guardian ad litem or next friend, including compensation of counsel, shall be determined by the court and paid by the complainant, and execution against the complainant may issue therefor in the name of the guardian ad litem or next friend.
Acts 1919, ch. 13, § 4; Shan. Supp., § 5009a4; Code 1932, §9163; T.C.A. (orig. ed.), § 23-2204.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 29 - QUIETING TITLE (§§ 29-29-101 — 29-29-105) › Section 29-29-105 - Effect of decree - Jurisdiction in personam - Testamentary contingent remainders

(a)
After the appointment of a guardian ad litem or next friend, the court may proceed as though the parties defendant were in being and actually served with process.
(b)
Such suit shall be deemed to be a proceeding in rem against the land, and a decree establishing or declaring the validity, nature, or extent of complainant's title or interest, shall operate directly on the land and shall have the force of a release made by or on behalf of all parties defendant of all claims inconsistent with the title established thereby.
(c)
Nothing herein contained shall prevent the court from also exercising its ordinary jurisdiction in personam against parties defendant who have been actually served with process, and who are personally amenable to its decree.
(d)
Nothing in this chapter shall be construed to affect any contingent remainder created by any will or devise of any deceased person.
Acts 1919, ch. 13, § 5; Shan. Supp., § 5009a5; Code 1932, §9164; T.C.A. (orig. ed.), § 23-2205.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-101 - Action to recover personal property

Where goods, chattels, or other items of tangible personal property are in the possession of another, the person entitled to possession thereof may recover such goods, chattels, or other tangible personal property by filing an action to recover personal property.
Acts 1973, ch. 365, § 1; T.C.A., § 23-2341.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-102 - Jurisdiction and venue

(a)
The action may be instituted in the court of general sessions or in the circuit court or chancery court.
(b)
The action may be instituted in any county where any part of the personal property is located, in the county where the contract was executed, in the county where any defendant resides or in the county where the address of any defendant was stated to be in any writing on which the plaintiff's claim to possession is founded.
Acts 1973, ch. 365, § 2; T.C.A., § 23-2342.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-103 - Complaint or warrant - Affidavit - Exhibit

(a)
The action to recover personal property shall be commenced by filing a complaint in the circuit or chancery court, or by causing a warrant to issue in the general sessions court.
(b)
If the plaintiff's right of possession is founded upon a writing, a copy of the writing shall be attached as an exhibit to the affidavit.
(c)
The complaint or warrant shall be sworn to, or have attached a sworn affidavit. The following facts shall be sworn to:
(1)
That the plaintiff is entitled to possession of the described property and the reason plaintiff is so entitled;
(2)
A description which reasonably identifies the property sought; and
(3)
The value of the property.
Acts 1973, ch. 365, § 3; T.C.A., § 23-2343.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-105 - Restraining order against defendant - Penalty for violation - Form of order

(a)
If requested by the plaintiff and upon the plaintiff's posting bond in an amount to be determined by the court, but not to exceed the value of the property, the judge may concurrently issue an order restraining the defendant from damaging, concealing or removing such property from the court's jurisdiction.
(b)
Upon proper showing that such order has been violated, the defendant commits a Class C misdemeanor.
(c)
The restraining order shall be substantially in the following form:
"FIAT
Upon the plaintiff posting a bond in the amount of $ ____________________, the defendant(s) is (are) hereby restrained from damaging, concealing or removing the described property from the jurisdiction of this court.
____________________
Judge (Chancellor)"
IF THIS RESTRAINING ORDER IS VIOLATED, THE DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJECT FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50.00) OR IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS, OR BOTH.
Acts 1973, ch. 365, § 5; T.C.A., § 23-2345; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-107 - Writ of possession - Execution - Preservation of property - Answer

(a)
The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff.
(b)
The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.
(c)
If the property subject to the action hereunder is perishable or threatens to decline speedily in value, the court shall issue such other and further orders as it may find necessary to preserve the property or the value thereof for the benefit of either or both of the parties pending such final determination of the litigation.
(d)
If the action in circuit or chancery courts is answered before or after the possessory hearing, the answer shall set forth with reasonable certainty the location of the personal property and any and all rights, remedies, credits, setoffs, or affirmative action growing out of the same matter the defendant may have had against the plaintiff.
Acts 1973, ch. 365, § 7; T.C.A., § 23-2347.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-108 - Additional relief - Prerequisites to deficiency judgment

(a)
In an action to recover personal property, in addition to the recovery of the property, the plaintiff may proceed to recover the balance due on the debt or the plaintiff may, in addition to recovering the personal property, obtain a judgment against the defendant for any debt or other claim arising out of the same transaction or set of circumstances, or the plaintiff may proceed solely for recovery of the personal property with the right to seek a judgment for additional relief in a subsequent action.
(b)
No deficiency judgment shall be obtained by the plaintiff or plaintiffs until plaintiff or plaintiffs shall have complied with all requirements of the Uniform Commercial Code applicable thereto.
Acts 1973, ch. 365, § 8; T.C.A., § 23-2348.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-109 - Execution of appeal bond

In the event an appeal is perfected to the supreme court or to the court of appeals, or to the circuit court from such judgment, the appellant shall execute an appeal bond as is otherwise provided for by law.
Acts 1973, ch. 365, § 9; T.C.A., § 23-2349.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-110 - Exemplary damages - Attorneys fees

The court may, in proper cases, give exemplary damages, including reasonable attorneys fees, in favor of the defendant for the plaintiff's wrongful suing out of this possessory action or in the event that the plaintiff fails to prosecute the action after it has been instituted.
Acts 1973, ch. 365, § 11; T.C.A., § 23-2350.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 1 - ACTION TO RECOVER PERSONAL PROPERTY (§§ 29-30-101 — 29-30-111) › Section 29-30-111 - Issue of counterparts of writs

Counterpart of the writ of possession may issue, upon suggestion of the plaintiff, to any other county, to be executed upon the goods, or chattels, or served upon defendants found in such county. The court has power to order the issuance of alias and pluries process and writs of possession, and the necessary counterparts thereof, as often as may be necessary.
Acts 1973, ch. 365, § 13; T.C.A., § 23-2351.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-201 - Detinue

Where the action is to recover specific personal property, if the party seeks to recover the possession only at the end of the suit, the party may bring detinue.
Code 1858, § 2749; Shan., § 4440; Code 1932, § 8566; Acts 1973, ch. 365, § 12(a); T.C.A. (orig. ed.), § 23-2301.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-202 - Venue of action

The action may be brought in any county in which the goods and chattels, or any part of them, are, or in which either of the defendants may be found.
Code 1858, § 3375 (deriv. Acts 1845-1846, ch. 65, § 1; 1853-1854, ch. 60, § 1); Shan., § 5129; Code 1932, § 9284; T.C.A. (orig. ed.), § 23-2303.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-203 - Procedure after personal service but failure to get property

If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those forms.
Code 1858, § 3383 (deriv. Acts 1845-1846, ch. 65, § 12); Shan., § 5137; Code 1932, § 9292; Acts 1973, ch. 365, § 12(c); T.C.A. (orig. ed.), § 23-2310.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-204 - Publication on nonresident

Should the defendant, or any defendant, be a nonresident of the state, the officer shall return the fact and the court shall order publication to be made for four (4) successive weeks in some newspaper published in the county in which the suit is pending, or in the nearest county. The publication shall state the names of the parties and briefly set forth the nature of the writ.
Code 1858, § 3385 (deriv. Acts 1853-1854, ch. 60, § 3); Shan., § 5139; mod. Code 1932, § 9294; T.C.A. (orig. ed.), § 23-2312.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-205 - Clerk's liability for insufficient bond

The clerk shall not be exempt, by reason of such orders made by the court, from liability for any damages proceeding from failure to take good and sufficient security.
Code 1858, § 3393 (deriv. Acts 1845-1846, ch. 65, § 4); Shan., § 5148; Code 1932, § 9303; T.C.A. (orig. ed.), § 23-2314.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-206 - Trial without personal service

If there be no personal service, the court shall impanel a jury and try the cause as though the defendant had filed a plea.
Code 1858, § 3387 (deriv. Acts 1853-1854, ch. 60, § 2); Shan., § 5141; Code 1932, § 9296; T.C.A. (orig. ed.), § 23-2316.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-207 - Monetary damages

On the issue being found for the plaintiff, or in case of default, upon writ of inquiry, the jury shall ascertain the plaintiff's damages for the seizure and detention, and judgment shall be rendered therefor with costs.
Code 1858, § 3389 (deriv. Acts 1845-1846, ch. 65, § 8; 1853-1854, ch. 60, § 2); Shan., § 5143; Code 1932, § 9298; T.C.A. (orig. ed.), § 23-2318.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-208 - Judgment for defendant

If the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judgment shall be that the goods be returned to the defendant, or, on failure, that the defendant recover their value, with interest thereon and damages for the detention, the value of the property and the damages to be assessed by the jury trying the cause; or, where the plaintiff fails to prosecute, by a jury impaneled for the purpose.
Code 1858, § 3390 (deriv. Acts 1845-1846, ch. 65, § 9); Shan., § 5144; Code 1932, § 9299; T.C.A. (orig. ed.), § 23-2319.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-209 - Failure to return goods under alternative judgment for defendant

Where judgment has been rendered in the alternative, under §
29-30-208
, if the goods are not returned to the defendant, and the writ of fieri facias is returned unsatisfied, in whole or in part, the defendant may have an accordant final judgment over, by motion, without notice against plaintiff and plaintiff's sureties in the replevin bond, at the term of the court to which the fieri facias shall have been returned. The proceedings of the judgment final shall be a part of the record of the original cause.
Acts 1885, ch. 59, § 1; Shan., § 5145; Code 1932, § 9300; T.C.A. (orig. ed.), § 23-2320.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-210 - Exemplary damages

(a)
The jury may, in proper cases, give exemplary damages in favor of either party.
(b)
In all cases where the plaintiff fails to prosecute the suit with effect, the jury may make such valuation as will be likely to effect a return of the property to the defendant, if the character of the property is such as to make the return of the specific property important.
Code 1858, § 3391; Shan., § 5146; Code 1932, § 9301; T.C.A. (orig. ed.), § 23-2321.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-212 - Form of warrant

The method of obtaining the writ shall be the same as when the suit is prosecuted in court, and the following shall in substance be the form of the writ:
State of Tennessee, To the sheriff or any constable of such county:
______________ County
I command you to summon ______________ to appear before me, or some other general sessions judge of such county, to answer the complaint of ______________, for unlawfully taking out of the possession and detaining [describe the property], the property of ______________.
This ____________________ day of ____________________, 20____________________. E.F., G.S.J.
Code 1858, § 3395 (deriv. Acts 1851-1852, ch. 32, § 8); Shan., § 5150; Code 1932, § 9305; Acts 1973, ch. 365, § 12(d); impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2323.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-213 - Execution of general sessions judge's writ

Any constable may execute this writ, and, in exercising this power, shall be governed by the laws regulating sheriffs in the execution of a writ issued by a court.
Code 1858, § 3396 (deriv. Acts 1851-1852, ch. 32, § 3); Shan., § 5151; Code 1932, § 9306; Acts 1973, ch. 365, § 12(e); T.C.A. (orig. ed.), § 23-2324.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-214 - General sessions court judgment for defendant

If the general sessions judge finds the issue in favor of the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judge shall render judgment against the plaintiff and the plantiff's sureties on the replevin bond that the property replevied be returned to the defendant, or on failure to do so, that the defendant recover of plaintiff and sureties on replevin bond the value of the property replevied with interest thereon and damages for the detention of the same, the value of the property and the damage to be assessed by the judge trying the case.
Code 1858, § 3397 (deriv. Acts 1851-1852, ch. 32, § 7); Acts 1905, ch. 31, § 1; Shan., § 5152; Code 1932, § 9307; mod. C. Supp. 1950, § 9307; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2325.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-215 - Exemplary damages in general sessions court

(a)
The general sessions judge may, in a proper case, give exemplary damages in favor of either party.
(b)
In all cases where the plaintiff fails to prosecute the suit with effect, the general sessions judge may make such valuation as will be likely to effect the return of the property to the defendant if the character of the property is such as to make the return of the specific property important.
Acts 1905, ch. 31; Shan., § 5152; Code 1932, § 9307; C. Supp. 1950, § 9307; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2326.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-216 - Fees before general sessions court

The following fees shall be allowed in such suit:
(1)
For issuing the writ .................... $1.00;
(2)
For rendering the judgment .................... .75;
(3)
To the constable, for executing the writ .................... 3.00.
Code 1858, § 3399; Shan., § 5154; Code 1932, § 9309; impl. am. Acts 1945, ch. 178, § 1; impl. am. Acts 1951, ch. 156, § 1; impl. am. Acts 1951, ch. 165, § 1; impl. am. Acts 1953, ch. 178, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2327.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 30 - RECOVERY OF PERSONAL PROPERTY (§§ 29-30-101 — 29-30-217) › Part 2 - DETINUE (§§ 29-30-201 — 29-30-217) › Section 29-30-217 - Appeal from general sessions court

Either party may appeal from the general sessions court's judgment to the circuit court, within the ten (10) days allowed by §
27-5-108
, on giving bond in double the value of the property replevied, payable to the opposite party, conditioned to prosecute the appeal with effect, and to abide by and perform the judgment of the circuit court; but a bond in double the value is not required of a defendant not in possession and unsuccessful before the general sessions court.
Code 1858, § 3398 (deriv. Acts 1851-1852, ch. 32, § 5); Shan., § 5153; mod. Code 1932, § 9308; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2328; Acts 1989, ch. 20, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 31 - REMOVAL OF DISABILITY OF MINORS (§§ 29-31-101 — 29-31-105) › Section 29-31-101 - Power to remove

(a)
The chancery court of a county in which a minor resides or the chancellor in vacation may remove the disabilities of minority; and the chancery court of any county, or the chancellor of such court in vacation, may remove the disabilities of minority of a nonresident minor of the state of Tennessee who owns, or has an interest in, any real or personal property located in the state of Tennessee, so as to enable the minor to sell and convey such real or personal property, or any interest therein, or to do any other act in respect thereof; all as fully and effectively as if the minor was eighteen (18) years of age.
(b)
In all cases where a minor petitions for the removal of disabilities of minority in a county other than the county in which property is located, petition must show that no application has been previously made in the county where the property is located.
(c)
The circuit court and the judge thereof shall have concurrent jurisdiction with the chancery court and chancellor to remove the disabilities of minority.
Acts 1915, ch. 162, § 1; Shan., § 6106a3; mod. Code 1932, §10370; Acts 1941, ch. 60, § 1; C. Supp. 1950, § 10370; Acts 1957, ch. 195, §1; 1961, ch. 142, § 1; 1967, ch. 354, § 1; 1968, ch. 453, §1; 1971, ch. 162, § 2; T.C.A. (orig. ed.), § 23-1201; modified.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 31 - REMOVAL OF DISABILITY OF MINORS (§§ 29-31-101 — 29-31-105) › Section 29-31-102 - Application - Process - Appearance to resist application

(a)
The application therefor shall be made in writing by the minor by next friend, and shall state the age of such minor and the names and places of residence of the minor's parents, and if the minor has no parents, the names and places of residence of two (2) of the minor's nearest kin, within the third degree, computed according to the civil law, and the reason on which the removal of the disability is sought.
(b)
When such petition shall be filed, the clerk of the court shall issue proper process as in other cases, to make the proper parties defendant, the same to be executed and returned as in other cases.
(c)
Any person so made a party or other relative or friend of the minor, may appear and resist the application.
Acts 1915, ch. 162, § 2; Shan., § 6106a4; mod. Code 1932, §10371; T.C.A. (orig. ed.), § 23-1202.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 31 - REMOVAL OF DISABILITY OF MINORS (§§ 29-31-101 — 29-31-105) › Section 29-31-103 - Defendants not required

If such kindred unite in such application, or if the minor has no kindred within the prescribed degree, or the place of residence of such kindred is unknown to the minor or the next friend, it shall not be necessary to make any person defendant thereto; provided, that if any such minor shall have a general guardian, the minor's guardian shall be made a defendant.
Acts 1915, ch. 162, § 3; Shan., § 6106a5; mod. Code 1932, §10372; Acts 1961, ch. 219, § 1; T.C.A. (orig. ed.), § 23-1203.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 31 - REMOVAL OF DISABILITY OF MINORS (§§ 29-31-101 — 29-31-105) › Section 29-31-104 - Hearing and decree - Specific purpose

(a)
The court, or chancellor in vacation, shall examine the application and the objections thereto, if any, and may hear testimony, by depositions or by viva voce, in reference thereto, and shall make such decree thereon as may be for the best interest of the minor.
(b)
If a decree is rendered removing the disability of a minor, it shall be rendered by the court having jurisdiction for a specific purpose and such purpose shall be so stated in such decree.
Acts 1915, ch. 162, § 4; Shan., § 6106a6; mod. Code 1932, § 10373; 1971, ch. 71, § 1; 1980, ch. 844, § 1; T.C.A. (orig. ed.), § 23-1204.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 31 - REMOVAL OF DISABILITY OF MINORS (§§ 29-31-101 — 29-31-105) › Section 29-31-105 - Scope of decree

The decree may be for the partial removal of the disability of the minor so as to enable the minor to do some particular act, proposed to be done, to be specified in the decree; or it may be general and empower the minor to do all acts in reference to the minor's property, making contract, suing and being sued and engaging in any profession or vocation which the minor could do if eighteen (18) years of age; and the decree shall distinctly specify to what extent the disability of the minor is removed and what character of business the minor is empowered to do, notwithstanding minority, and may impose such restrictions and qualifications as the court or chancellor may judge proper.
Acts 1915, ch. 162, § 5; Shan., § 6106a7; mod. Code 1932, §10374; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 23-1205.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-101 - Persons entitled to writ - Application

A scire facias shall not issue on the application of any person other than the party of record, or that party's attorney, except an administrator de bonis non, in the case of a judgment recovered by a previous executor or administrator, unless such application be in writing and signed by the applicant, to be filed and preserved with the other papers.
Code 1858, § 3578 (deriv. Acts 1833, ch. 18, § 1; 1837-1838, ch. 20); Shan., § 5342; Code 1932, § 9502; T.C.A. (orig. ed.), § 23-2501.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-102 - Issuance by general sessions judges

(a)
Judges of the courts of general sessions have power to issue scire facias in all cases before them, when it may be necessary, in the same manner and subject to the same rules as such writs issue from courts of record.
(b)
Scire facias is issued by the general sessions judge having legal possession of the papers in a cause.
Code 1858, §§ 3576, 3577 (deriv. Acts 1831, ch. 111, §§ 2, 3); Shan., §§ 5340, 5341; Code 1932, §§9500, 9501; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2502.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-103 - Endorsement of name of applicant

When scire facias issues upon the application of any person other than the party of record or the party's attorney, the clerk shall endorse on the back of the scire facias the name of the applicant, who becomes thereby liable for costs.
Code 1858, § 3579 (deriv. Acts 1833, ch. 18, § 2); Shan., § 5343; Code 1932, § 9503; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2503.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-104 - Liability for failure to endorse

The clerk who fails to make such endorsement is liable for costs, in the event judgment is against the party suing out the scire facias.
Code 1858, § 3580 (deriv. Acts 1833, ch. 18, § 3); Shan., § 5344; Code 1932, § 9504; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2504.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-105 - Fraudulent endorsement

If such clerk falsely and fraudulently endorse the name of any person on a writ of scire facias by such clerk issued, under the foregoing provisions, such clerk commits a Class C misdemeanor and is liable to an action for damages at the suit of such person.
Code 1858, § 3581 (deriv. Acts 1833, ch. 18, § 4); Shan., § 5345; Code 1932, § 9505; T.C.A. (orig. ed.), § 23-2505; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-106 - Service of writ

The writ of scire facias is served by reading, or offering to read, the contents of such writ to the person on whom it is to be executed.
Code 1858, § 3582 (deriv. Acts 1801, ch. 12, § 2); Shan., § 5346; Code 1932, § 9506; T.C.A. (orig. ed.), § 23-2506.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-107 - Judgment after two returns

When two (2) scire facias have been returned "not found" by the proper officer of the county in which the undertaking was entered into, such returns are equivalent to a personal service, and judgment may be made absolute.
Code 1858, § 5179; Shan., § 7143; Code 1932, § 11692; T.C.A. (orig. ed.), § 23-2507.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-108 - Form of writ on forfeitures

All scire facias issued on conditional judgments and decrees rendered by any of the courts of this state on forfeited bonds, recognizances, subpoenas, summons, and other like obligations may be substantially in the following form, to wit:
State of Tennessee, county of ______________
To the sheriff [or coroner, as the case may be] of the county:
You are hereby commanded in the name of the state to notify ______________ and ______________ that a conditional judgment was rendered against them in the circuit court [or whatever court it may be] of ______________ county, for the sum of $____________________ and costs on a forfeited bond [or recognizance, or whatever obligation it is], and the same will be made final unless you appear at the next term of court [or whatever the time may be under the order of the court], and show cause to the contrary.
Signed by the clerk, etc., with proper endorsement as to date of, etc.
Acts 1897, ch. 47, § 1; Shan., § 7142a1; Code 1932, § 11690; T.C.A. (orig. ed.), § 23-2508.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 32 - SCIRE FACIAS (§§ 29-32-101 — 29-32-109) › Section 29-32-109 - Form adapted to circumstances - Jurisdictional facts - Amendment of scire facias

(a)
If the conditional judgment be on a forfeited subpoena, or summons, to serve as jurors, or any other obligation, the scire facias shall be so changed in form from the above as to give the parties notice of the nature of the obligation on which it is rendered.
(b)
It shall not be necessary to set out in full all the jurisdictional facts in any scire facias as heretofore required.
(c)
When any scire facias fails to contain the necessary allegations or facts as required under §
29-32-108
, it may be amended in court according to the practice in reference to amendments of other writs and pleadings.
Acts 1897, ch. 47, § 1; Shan., § 7142a2; Code 1932, § 11691; T.C.A. (orig. ed.), § 23-2509.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-101 - Application for release from prosecution or defense bond

A surety for the prosecution or defense of any suit in law or equity may be released from such suretyship by giving five (5) days' notice to the surety's principal, if in the state, and to the surety's attorney, if out of the state, of the surety's intention to move for a rule upon the surety to give counter security to provide indemnity for any liability as a surety.
Code 1858, § 3665 (deriv. Acts 1822, ch. 42, § 1); Shan., §5435; mod. Code 1932, § 9597; T.C.A. (orig. ed.), § 23-2701.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-102 - Rule to give counter security

Upon notice thus given, the court shall make a rule requiring the principal, within a given time, to give such counter security; and on failure of the principal to comply with the rule, the court shall dismiss the suit, and give judgment against the principal and the principal's surety for the costs already accrued.
Code 1858, § 3666 (deriv. Acts 1822, ch. 42, § 1); Shan., §5436; mod. Code 1932, § 9598; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2702.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-103 - Continuation of suit in forma pauperis

The plaintiff may, however, prosecute the suit in the manner prescribed for poor persons, in which case the surety shall be bound only for the costs accruing up to the giving of notice.
Code 1858, § 3667 (deriv. Acts 1822, ch. 42, § 1); Shan., § 5437; Code 1932, § 9599; T.C.A. (orig. ed.), § 23-2703.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-104 - Relief of surety on replevy bond

The surety upon any bond for the replevy of property, given in any cause may, by notice in writing, require the surety's principal to give surety sufficient counter security to indemnify surety against liability on such bond.
Code 1858, § 3668; Shan., § 5438; Code 1932, § 9600; T.C.A. (orig. ed.), § 23-2704.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-105 - New replevy bond

(a)
The new replevy bond, if given, shall be made payable to the original surety, and such surety is authorized to act in reference to the property as if the surety had been the plaintiff in the action.
(b)
The new bond shall be filed with the original replevy bond, and may be enforced by judgment or decree, upon a breach of the original replevy bond, in favor of either the plaintiff or of the original surety.
Code 1858, §§ 3670, 3671; Shan., §§ 5440, 5441; Code 1932, §§ 9602, 9603; T.C.A. (orig. ed.), § 23-2705.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-106 - Attachment of replevied property

If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or attachment, subject to the defendant's right to again replevy, and, in case the defendant fails so to do, then subject to such disposition as the law makes of property so seized.
Code 1858, § 3669; Shan., § 5439; Code 1932, § 9601; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2706.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-107 - Fiduciary bond - Petition for release

The surety of any guardian, executor, or administrator, trustee or assignee for creditors, who conceives the surety to be in danger of suffering by the suretyship, and desires to be relieved therefrom, may file a petition, in writing, in the county court, or the court having cognizance of the estate or fund.
Code 1858, § 3672 (deriv. Acts 1813, ch. 119, § 5; 1825, ch. 62, §1; 1829, ch. 15, § 2); Shan., § 5442; Code 1932, §9604; T.C.A. (orig. ed.), § 23-2707.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-108 - Relief to surety on fiduciary bond

Upon such petition and notice, the court may compel the principal to give other sufficient security, or counter security, to be approved by the court, or to deliver up the estate to the petitioner, or such other person as may be directed, and may make such other orders and decrees for the relief of the petitioner and better security of the estate as may be just and equitable.
Code 1858, § 3673 (deriv. Acts 1813, ch. 119, § 5; 1829, ch. 15, § 2); Shan., § 5443; Code 1932, § 9605; T.C.A. (orig. ed.), § 23-2708.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-109 - Substitution of surety as fiduciary

Should no person be found willing to accept the office, and give the security required, the applicant surety shall qualify in the place of the principal; otherwise, the liability will continue until a successor is appointed and qualified.
Code 1858, § 3674; Shan., § 5444; Code 1932, § 9606; T.C.A. (orig. ed.), § 23-2709.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-110 - New bond furnished by principal

Upon public or private application of any surety, if the principal consents to give a new bond, with satisfactory security, it may be taken without further proceedings, with the same effect, as if executed upon order.
Code 1858, § 3675; Shan., § 5445; Code 1932, § 9607; T.C.A. (orig. ed.), § 23-2710.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-111 - Witnesses in hearings

The officer authorized to hear and dispose of such applications may administer oaths and summon witnesses in the same way and under the same penalties as the courts of the state.
Code 1858, § 3679; Shan., § 5449; Code 1932, § 9611; T.C.A. (orig. ed.), § 23-2711.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-112 - Exoneration of surety

On the execution of the additional bond as required, or the qualification of a successor, the applicant surety is exonerated from all liability accruing subsequently.
Code 1858, § 3676; Shan., § 5446; Code 1932, § 9608; T.C.A. (orig. ed.), § 23-2712.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-113 - Effect of exoneration

The exoneration of the applicant surety does not affect the previous liability of any of the obligors in the original bond; nor are any of the obligors who have not joined in such application discharged from any liability accruing after the filing of such additional bond; and the obligors who are not exonerated are liable to any person injured by a breach of such bonds, in the same or separate actions.
Code 1858, § 3677; Shan., § 5447; Code 1932, § 9609; T.C.A. (orig. ed.), § 23-2713.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-114 - Contribution between sureties

The sureties, in either bond who have been compelled to make payments thereon for the principal, have the same remedies against the sureties in all the bonds in force at the time of default, as cosureties in the same bond have against each other, the recovery being properly proportioned according to the penalties of the several bonds.
Code 1858, § 3678 (deriv. Acts 1809 (Sept.), ch. 69, § 3); Shan., §5448; Code 1932, § 9610; T.C.A. (orig. ed.), § 23-2714.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 33 - SURETIES ON BONDS-ACTIONS TO PROTECT INTEREST (§§ 29-33-101 — 29-33-115) › Section 29-33-115 - Costs

The costs of the application, if unsuccessful, shall be paid by the applicant; if successful, by the principal, and judgment may be given and execution issued therefor.
Code 1858, § 3680 (deriv. Acts 1829, ch. 15, § 3); Shan., § 5450; Code 1932, § 9612; T.C.A. (orig. ed.), § 23-2715.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 1 - GENERALLY-PRIVITY (§§ 29-34-101 — 29-34-106) › Section 29-34-101 - [Repealed] Express consent required for settlements

In any tort action, prior settlement of damages made on behalf of the plaintiff by another, in exchange for a release executed by or on behalf of the defendant, shall constitute no bar to the plaintiff's action, and proof by the defendant of such settlement and release shall be inadmissible, unless it be shown that such settlement made on behalf of the plaintiff was with the express consent of the plaintiff given in writing, after the cause of action arose.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 1955, ch. 318, § 1; T.C.A., § 23-3001.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 1 - GENERALLY-PRIVITY (§§ 29-34-101 — 29-34-106) › Section 29-34-102 - [Repealed] Rescission of fraudulent or erroneous settlements

Where a compromise settlement of a claim for damages resulting from personal injuries has been brought about by fraud or mistake, such settlement may be rescinded without return of the consideration to the party released, but such consideration paid shall constitute a credit to apply in satisfaction of any judgment procured on account of such personal injuries.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 1955, ch. 67, § 1; T.C.A., § 23-3002.