Publication of Notice of Levy

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

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  1. As soon as the attachment is levied upon property of the defendant, the clerk of the court shall make out, in pursuance of the order of publication, a memorandum or notice thereof, and cause same to be published forthwith in some convenient newspaper according to law.
  2. The publication shall be made for four (4) consecutive weeks in a newspaper published in the county in which the suit is brought, if any, and, if not, in some convenient newspaper to be designated in the order, the last publication to be at least one (1) week before the time fixed for the defendant's appearance.

Code 1858, §§ 3521, 3523 (deriv. Acts 1835-1836, ch. 43, § 5; 1841-1842, ch. 54, § 2; 1851-1852, ch. 365, § 3); Shan., §§ 5281, 5283; Code 1932, §§ 9472, 9474; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-644.

Cross-References. Defendant to answer within 30 days of summons, Tenn. R. Civ. P. 12.01.

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

Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, § 83.

Cited: Netherland v. Johnson, 73 Tenn. 340, 1880 Tenn. LEXIS 134 (1880); Gardner v. Swift & Co., 113 Tenn. 1, 80 S.W. 764, 1904 Tenn. LEXIS 1 (1904); Willshire v. Frees, 184 Tenn. 523, 201 S.W.2d 675, 1947 Tenn. LEXIS 406 (1947); Maxwell v. Hixson, 383 F. Supp. 320, 1974 U.S. Dist. LEXIS 6133 (E.D. Tenn. 1974).


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