Presumption of Regularity of Execution

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If the judgment is rendered by one general sessions judge, and execution is issued by another, and in all other cases where steps appear to be taken by one judge instead of another, the presumption, in the absence of proof to the contrary, is that the execution was issued and steps taken regularly.

Code 1858, § 4138; Shan., § 5950; Code 1932, § 10151; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-435; Acts 1993, ch. 241, § 48; T.C.A., §19-1-120.

Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, §§ 30, 32.


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