Judgment Against Applicant

  1. Law
  2. Tennessee Code
  3. Appeal and Review
  4. Certiorari and Supersedeas
  5. Judgment Against Applicant

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  1. Upon affirmance of the judgment or decree below or recovery of a larger amount, or upon dismissal of the certiorari for want of prosecution, or for any other cause, the court shall enter judgment for the amount recovered against the principal and the sureties on the prosecution bond, with interest at the rate of six percent (6%) per annum from the date of the judgment or decree below, and all costs.
  2. In all other cases, the judgment of the higher court, if against the party obtaining the certiorari, shall be for the amount of the recovery, with interest and costs, against the principal and sureties to the prosecution bond.

Code 1858, §§ 3137, 3138 (deriv. Acts 1794, ch. 1, § 64; 1817, ch. 119, § 2); impl. am. Acts 1861 (1st E. S.), ch. 6, § 1; impl. am. Acts 1865-1866, ch. 17, § 1; Shan., §§ 4868, 4869; Code 1932, §§ 9005, 9006; T.C.A. (orig. ed.), § 27-818.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 240; 5 Tenn. Juris., Certiorari, § 63; 16 Tenn. Juris., Interest § 7.


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