Inability to return as defense

Tenn. Code Ann. § 25-3-110, under Judgment by Motion.

Tenn. Code Ann. § 25-3-110

The inability to make the prescribed return of a general sessions judge's execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the officer for the officer's failure to make return as required.