Form of Writ

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  1. The writ may be substantially in the following form:

    State of Tennessee,

    County.

    To the sheriff of  County, greeting:

    Whereas, A B (or C D, as the agent or attorney of A B) hath complained on oath to me, E F, judge (chancellor or clerk), that G H is justly indebted (or liable) to A B in the sum of  dollars, and affidavit having also been made in writing, and bond given as required by law in attachment cases, you are hereby commanded to attach so much of the estate of G H as will be of value sufficient to satisfy the debt and costs according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon to be had at the  court, to be held for the county of  , on the  day of  next (or before a general sessions judge of  county, on the  day of  ), when and where you will make known how you have executed this writ. Witness, E F, judge of the  court (chancellor or clerk), this  day of  , 20  . E F.

  2. No objection will lie to the form of the attachment, if the essential matters in this section be set forth in such attachment.

Code 1858, §§ 3474, 3475 (deriv. Acts 1794, ch. 1, § 24); Shan., §§ 5234, 5235; Code 1932, §§ 9424, 9425; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-621.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, §§ 33, 36, 108.


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