Issuance by General Sessions Judges

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Scire Facias
  5. Issuance by General Sessions Judges

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  1. Judges of the courts of general sessions have power to issue scire facias in all cases before them, when it may be necessary, in the same manner and subject to the same rules as such writs issue from courts of record.
  2. Scire facias is issued by the general sessions judge having legal possession of the papers in a cause.

Code 1858, §§ 3576, 3577 (deriv. Acts 1831, ch. 111, §§ 2, 3); Shan., §§ 5340, 5341; Code 1932, §§ 9500, 9501; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2502.

Cited: Nicholson v. Patterson, 25 Tenn. 394, 1845 Tenn. LEXIS 110 (1845); Grantland v. Memphis, 12 F. 287, 1882 U.S. App. LEXIS 2501 (C.C.D. Tenn. 1882).

Collateral References. 46 Am. Jur. 2d Judgments §§ 362, 368.

51 C.J.S. Justices of the Peace §§ 120, 122; 79 C.J.S. Scire Facias § 6.

Scire facias 5.


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