If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those forms.
Code 1858, § 3383 (deriv. Acts 1845-1846, ch. 65, § 12); Shan., § 5137; Code 1932, § 9292; Acts 1973, ch. 365, § 12(c); T.C.A. (orig. ed.), § 23-2310.
Compiler's Notes. This section may be partially superseded by the 1973 amendment to §29-30-201 and the enactment of part 1 of this chapter, which revised the law on recovery of personal property.
Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Recovery of Personal Property, § 14.
Law Reviews.
Remedies Under the Tennessee Commercial Code (John A. Walker, Jr.), 30 Vand. L. Rev. 1197.
The Constitutionality of Prejudgment Seizure of Property Under Tennessee Law (Roger W. Dickson), 38 Tenn. L. Rev. 575.