Action on Attachment Bond

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Attachment and Replevy
  5. Action on Attachment Bond

Checkout our iOS App for a better way to browser and research.

  1. In all other cases of judgment or decree by default, the defendant cannot deny or put in issue the ground upon which the attachment was issued, but may, at any time thereafter, and within one (1) year after the suing out of the attachment, commence an action on the attachment bond, and may recover such damages as the defendant has actually sustained for wrongfully suing out the attachment.
  2. If sued out maliciously, as well as wrongfully, the jury may, on the trial of such action, give vindictive damages.

Code 1858, §§ 3530, 3531; Shan., §§ 5290, 5291; Code 1932, §§ 9482, 9483; T.C.A. (orig. ed.), § 23-662.

Cross-References. Judgment on bond or for delivery of property, §29-23-105.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 344.

Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, § 183.

Cited: Groves v. Witherspoon, 379 F. Supp. 52, 1974 U.S. Dist. LEXIS 8982 (E.D. Tenn. 1974).


Download our app to see the most-to-date content.