Monetary Judgment in Circuit Court

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Forcible Entry and Detainer
  5. Monetary Judgment in Circuit Court

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  1. If the defendant obtain certiorari, and, upon trial in the circuit court, the jury find that the plaintiff is entitled to the possession of the land, the jury shall also ascertain the value of the rents during the time the plaintiff has been kept out of possession, and such other damages as the plaintiff is entitled to, and the court shall give judgment against the defendant and the defendant's sureties for the amount.
  2. Should the cause be taken to the circuit court by the plaintiff, and a verdict be found in the plaintiff's favor, the jury shall, in like manner, ascertain the value of the rents, and the damages the jury may consider the plaintiff entitled to, and return the amount in its verdict, upon which the court shall give judgment accordingly.

Code 1858, §§ 3363, 3364 (deriv. Acts 1841-1842, ch. 186, § 6); Shan., §§ 5112, 5113; Code 1932, §§ 9267, 9268; T.C.A. (orig. ed.), § 23-1633.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 686.

Tennessee Jurisprudence, 5 Tenn. Juris., Certiorari, § 63; 13 Tenn. Juris., Forcible Entry and Detainer, §§ 9, 15, 17.

Cited: Woodward v. Ragsdale, 179 Tenn. 526, 167 S.W.2d 979, 1942 Tenn. LEXIS 50 (1943); Isham v. Marshall, — S.W.3d —, 2011 Tenn. App. LEXIS 317 (Tenn. Ct. App. June 10, 2011).


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