Order of Publication

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Attachment and Replevy
  5. Order of Publication

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  1. The officer granting the attachment may, at the time, direct that, as soon as the attachment is levied, publication be made in some newspaper, requiring the defendant to appear at a time and place to be mentioned in such publication, before the court having cognizance of the attachment, and defend the action thus commenced, otherwise the cause may be proceeded with ex parte.
  2. If the order of publication is not then made, the clerk of the court or the court itself may make such order at any time thereafter.

Code 1858, §§ 3518, 3519 (deriv. Acts 1841-1842, ch. 54, § 2; 1845-1846, ch. 108, § 2); Shan., §§ 5278, 5279; Code 1932, §§ 9469, 9470; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-642.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 334.

Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, § 81.

Law Reviews.

Commencing an Action by Garnishment, 23 Tenn. L. Rev. 211.

Cited: Strass v. Weil, 45 Tenn. 120, 1867 Tenn. LEXIS 103 (1867); Gavin v. Vance, 33 F. 84, 1887 U.S. App. LEXIS 2907 (C.C.W.D. Tenn. 1887).


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