Attachments

  1. Law
  2. Tennessee Code
  3. Proceedings in Chancery
  4. Bills in Chancery
  5. Contempt on Failure to Appear
  6. Attachments

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  1. The only process of contempt is an attachment, which is issued upon order of the chancellor at the instance of the complainant, upon the return of the subpoena duly served by the proper officer, or affidavit by the officer of such service.
  2. The attachment may be made returnable to any rule day in term or vacation, and upon its service, bail may be taken for the appearance of the defendant at the time fixed in the attachment.
  3. If the defendant fails to appear in compliance with the terms of the defendant's bail, a second attachment issues, upon which no bail can be taken, and the penalty of the bail bond may be decreed forfeited and collected by execution.
  4. After an attachment for contempt, no plea or demurrer shall be received, unless by order of the court upon motion.

Code 1858, §§ 4361-4363, 4365 (deriv. Acts 1801, ch. 6, §§ 9, 10, 19, 21); Shan., §§ 6171-6173, 6175; Code 1932, §§ 10442-10444, 10446; T.C.A. (orig. ed.), §§ 21-302 — 21-305.

Cross-References. Rule days, §21-1-705.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 155, 157.

Tennessee Jurisprudence, 11 Tenn. Juris., Equity, § 27.

Collateral References. 17 C.J.S. Contempt § 78.

Contempt 55, 56.


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