If sued out after the term of the court at which the judgment complained of was rendered, five (5) days' notice, in writing, shall be given to the adverse party of the intention to apply for the writ.
Code 1858, § 3183 (deriv. Acts 1794, ch. 1, § 37; 1835-1836, ch. 3, § 19); Shan., § 4919; Code 1932, § 9071; T.C.A. (orig. ed.), § 27-608.
Compiler's Notes. This section may be superseded by T.R.A.P. 3(d), 3(e), 4.
Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, §§ 57, 82.