Title 27, Appeal And Review

The application to the appellate court, or a judge thereof, to bring up a proceeding of the circuit, chancery, or general sessions court shall be made within two (2) years after the judgment or decree.

Infants, persons adjudicated incompetent, or imprisoned may prosecute writs of error within the time prescribed after legal rights are restored.

Where an appeal in the nature of a writ of error is dismissed on the ground that the record was not brought up within the time prescribed by the rules of the court, the appellant may, notwithstanding, prosecute a writ of error within the same time, and under the same regulations,…

If sued out after the term of the court at which the judgment complained of was rendered, five (5) days' notice, in writing, shall be given to the adverse party of the intention to apply for the writ.

The bond required from the applicant for the writ of error, and the proceedings in the appellate court thereafter, are the same as those upon an appeal, as provided in this title.

Any person may obtain a writ of error, without supersedeas, by giving bond and security for costs alone, if application therefor be made within the time provided by law for such writ, or, if unable to give security, then such person may pauperize.

The writ of error does not supersede the execution of the judgment, unless a judge of the proper appellate court is of opinion, from inspecting the record, that there is error, and shall order a supersedeas to issue.

If the judgment or decree below has been executed by a sale of property, either real or personal, before the writ of error is obtained and supersedeas granted, the right, title, and interest of any purchaser, previously acquired under the judgment or decree, shall not be disturbe…