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Tennessee Statutes, Title 29

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Title 29, Remedies and Special Proceedings

43 chapters · 813 sections in this title.

All chapters in Title 29813 Ch 5, Arbitration71 Ch 6, Attachment and Replevy65 Ch 34, Torts64 Ch 27, Partition55 Ch 17, Eminent Domain by Public Agencies53 Ch 20, Governmental Tort Liability40 Ch 13, Criminal Injuries Compensation39 Ch 18, Forcible Entry and Detainer36 Ch 21, Habeas Corpus30 Ch 40, Uniform Commercial Real Estate Recei…28 Ch 16, Eminent Domain27 Ch 30, Recovery of Personal Property27 Ch 26, Health Care Liability22 Ch 35, Usurpation or Forfeiture of Office o…21

9 sections·Filtered byTitle 29✕Ch 32✕

Tenn. Code Ann. § 29-32-101 Persons entitled to writ — Application
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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 s…
Tenn. Code Ann. § 29-32-102 Issuance by general sessions judges
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(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 h…
Tenn. Code Ann. § 29-32-103 Endorsement of name of applicant
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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.
Tenn. Code Ann. § 29-32-104 Liability for failure to endorse
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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.

Tenn. Code Ann. § 29-32-105 Fraudulent endorsement

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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.

Tenn. Code Ann. § 29-32-106 Service of writ

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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.

Tenn. Code Ann. § 29-32-107 Judgment after two returns

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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.

Tenn. Code Ann. § 29-32-108 Form of writ on forfeitures

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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 sher…

Tenn. Code Ann. § 29-32-109 Form adapted to circumstances — Jurisdictional facts — Amendment of scire facias

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(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…