Judgment Against County — Mandamus

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  2. Tennessee Code
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  4. Appropriation and Disbursement of Funds
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  6. Judgment Against County — Mandamus

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  1. If, upon application of the person owning the judgment, the county legislative body refuses to impose the tax, a mandamus may be issued from either of the courts of law or equity in the county, ordering and compelling the imposition of a tax sufficient to discharge the amount of the judgment; or the party owning the judgment may appeal from the refusal of the county legislative body to impose the tax to the next term of the circuit court for the county.
  2. On trial of the appeal, the circuit court may make an order on the county legislative body, in the nature of a peremptory mandamus, to impose, levy and collect the tax, which order or peremptory mandamus shall be served on a majority of the members of the county legislative body. Service of the mandamus nisi on the county mayor shall be sufficient.

Code 1858, §§ 535, 536 (deriv. Acts 1855-1856, ch. 90, § 2; 1857-1858, ch. 15, §§ 5, 7); Shan., §§ 682, 683; Code 1932, §§ 1078, 1079; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 5-922; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, §5-6-101.

Law Reviews.

Methods of Judicial Review over Administrative Actions in Tennessee, 13 Mem. St. U.L. Rev. 657 (1984).


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