The relief embraced in this chapter is confined to errors of fact occurring in proceedings of which the person seeking relief has had no notice, or which such person was prevented by disability from showing or correcting, or where a defense was prevented by surprise, accident, mistake, or fraud, without fault on such person's part. Thus, infancy at the rendition of the judgment, not appearing on the record sought to be corrected, or a real defense to an action by motion, of which the party aggrieved had no notice, and so of like cases, are good grounds for relief under this writ.
Code 1858, §§ 3116, 3117; Shan., §§ 4844, 4845; Code 1932, §§ 8977, 8978; T.C.A. (orig. ed.), § 27-702.
Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Judgments and Decrees, § 54.
Law Reviews.
Appellate and Post Conviction Relief in Tennessee (Ronald W. Eades), 5 Mem. St. U.L. Rev. 1.
Divorce and Separation — Vacation of Decree — Writ of Error Coram Nobis Is a Proper Action to Vacate Divorce Decree (Nina Loree Booth), 1 Mem. St. U.L. Rev. 225.
Guilty Pleas — Seeking Relief When Statute Held Unconstitutional Retroactively, 43 Tenn. L. Rev. 464.
Procedure — Writ of Error Coram Nobis in Divorce Cases, 36 Tenn. L. Rev. 411.
Recent Developments in Tennessee and Federal Procedure (Donald F. Paine), 36 Tenn. L. Rev. 276.