Acting for Sheriff and Coroner

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A constable may execute process from any court whenever there is at the time neither sheriff nor coroner, or whenever both the sheriff and the coroner are incompetent, or one (1) of those offices is vacant and the person holding the other office is incompetent in the particular case.

Code 1858, § 394 (deriv. Acts 1807, ch. 104, § 13); Shan., § 485; Code 1932, § 731; T.C.A. (orig. ed.), § 8-1013.

Cross-References. Filling vacancy in office of sheriff, §8-8-106.

Fine for failure to serve process, §8-10-115.

Process directed to coroner when sheriff a party or interested, §8-9-106.

Temporary discharge of sheriff's duties when office vacant, §8-8-107.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 23.13.

Attorney General Opinions. Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).


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