Omission to Perform Act

1. Law
2. Tennessee Code
3. Remedies and Special Proceedings
4. Contempt of Court
5. Omission to Perform Act

1. If the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until such person performs it.
2. The person or if same be a corporation, then such person or corporation can be separately fined, as authorized by law, for each day it is in contempt until it performs the act or pays the damages ordered by the court.

Code 1858, § 4108; Shan., § 5920; Code 1932, § 10121; Acts 1979, ch. 113, § 1; T.C.A. (orig. ed.), § 23-904; Acts 2011, ch. 119, § 5.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 377.

Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 317, 667, 838.

Tennessee Criminal Practice and Procedure (Raybin), § 9.30.

Tennessee Jurisprudence, 7 Tenn. Juris., Contempt, §§ 3, 13.

Law Reviews.

Criminal Contempt, Jury Trial, Private Prosecutors & Child Support, (Clarke Lee Shaw), 34 No. 4 Tenn. B.J. 22 (1998).

Equity — 1957 Tennessee Survey (Thomas F. Green, Jr.), 10 Vand. L. Rev. 1095.

Forms of Relief, 4 Mem. St. U.L. Rev. 400.

Power of Administrative Agencies to Compel Testimony in Tennessee (Seymour Samuels, Jr.), 16 Tenn. L. Rev. 928.

The Contempt Powers of Tennessee Courts (E. Michael Ellis), 37 Tenn. L. Rev. 538.

Attorney General Opinions. Incarceration for wilful contempt for failure to pay support, OAG 89-104 (8/17/89).

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