Jurisdictional Defects — Irregular Transfer

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Where a suit is dismissed from any court for want of jurisdiction or because it has not been regularly transferred from an inferior to a superior court, the costs shall be adjudged against the party attempting to institute or bring up the cause.

Code 1858, § 3215 (deriv. Acts 1832, ch. 5); Shan., § 4957; Code 1932, § 9110; T.C.A. (orig. ed.), § 20-1612.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Costs, § 28.

Cited: O'Neill v. Parks, — S.W.3d —, 2008 Tenn. App. LEXIS 568 (Tenn. Ct. App. Sept. 29, 2008).


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