Dissolution of New County — Pending Litigation

  1. Law
  2. Tennessee Code
  3. Counties
  4. Changes in Boundaries—new Counties
  5. Dissolution of New County — Pending Litigation

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  1. When a new county that has been established by act of the general assembly and that has gone into operation is subsequently dissolved in any way or for any reason, the pending litigation in the courts and before the judges of the court of general sessions of that county shall not abate, but shall be transferred to the courts and judges of the old county from which the new county was formed.
  2. The suits before judges of the court of general sessions, in such cases, will follow the place where the judge holds such judge's court.
  3. Suits in court shall be transferred to the county in which the defendant resides, if the defendant resides in either of the old counties from which the new county was taken, and, if not, to the old county selected by the plaintiff.

Code 1858, §§ 85, 86; Shan., §§ 103, 104; Code 1932, §§ 122, 123; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-212.

Cross-References. New or altered counties, pending litigation, §5-2-108.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 610.


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