Issuance of Process on Sunday

  1. Law
  2. Tennessee Code
  3. Civil Procedure
  4. Process
  5. General Provisions
  6. Issuance of Process on Sunday

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  1. Civil process may be issued on Sundays on the application of any party, supported by oath or affirmation, that the defendant is removing or about to remove the defendant's person or property beyond the jurisdiction of the court applied to.
  2. The clerk or general sessions judge shall endorse on the back of the process that it was obtained on the oath of the plaintiff, the plaintiff's agent or attorney, as directed in subsection (a).
  3. It is the duty of the proper officers to execute all such process on Sundays, subject to the same penalties and regulations as in other cases.

Code 1858, §§ 2824-2826 (deriv. Acts 1821, ch. 1, §§ 1-3); Shan., §§ 4529-4531; Code 1932, §§ 8656-8658; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-207.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 126, 129.

Tennessee Jurisprudence, 3 Tenn. Juris., Associations and Clubs, § 6; 23 Tenn. Juris., Sundays and Holidays, § 4.

Law Reviews.

Procedure — Motion to Dismiss in Chancery, 33 Tenn. L. Rev. 245.

Cited: Moss v. State, 131 Tenn. 94, 173 S.W. 859, 1914 Tenn. LEXIS 90, L.R.A. (n.s.) 1915D361 (1914); Jersey Farms Milk Service, Inc. v. Amalgamated Meat Cutters, etc., 297 F. Supp. 1098, 1969 U.S. Dist. LEXIS 9545 (M.D. Tenn. 1969).


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