When any chancellor is incompetent to try any cause in the court for which the chancellor is responsible, a circuit judge may hear and determine the cause as chancellor, for which purpose the clerk of the chancery court shall bring before the chancellor all the papers in the cause, and the necessary entries shall be made on the minutes of the chancery court, and signed by the circuit judge presiding.
Code 1858, § 3922 (deriv. Acts 1843-1844, ch. 126, § 1); Shan., § 5718; Code 1932, § 9904; T.C.A. (orig. ed), § 17-218; Acts 2012, ch. 789, § 4.
Amendments. The 2012 amendment substituted “a circuit judge may hear and determine the cause as chancellor” for “the chancellor may notify any one (1) of the circuit judges, whose duty it shall be at the next term of the circuit court of the county in which the incompetency exists, and while holding the court, to hear and determine the cause as chancellor”.
Effective Dates. Acts 2012, ch. 789, § 7. April 23, 2012.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 621.
Law Reviews.
The Tennessee Court System — Chancery Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 281.
Cited: Gordonsville Milling Co. v. Jones, 57 S.W. 630, 1900 Tenn. Ch. App. LEXIS 45 (1900).