§ 16-15-724. Cross Actions
Cross actions shall be instituted by cross summons to be filed any day before the day of trial, unless a nonresident defendant enters an appearance and waives publication. In such case, the cross summons shall be filed within two (2) whole days after entry of appearance. In all such actions instituted before courts of general […]
§ 16-15-725. Judgment for Defendant on Setoff
If the defendant pleads a setoff to the plaintiff’s debt, and it appears that there is a balance due in favor of the defendant, the general sessions court shall enter up judgment in favor of the defendant and against the plaintiff for the balance. If the plaintiff fails in establishing any demand against the defendant, […]
§ 16-15-726. Remittitur
If the sum found for either plaintiff or defendant exceeds the jurisdiction of the general sessions court, that party may remit the excess, and take judgment for the residue, but the party cannot afterwards sue for the amount so remitted. Code 1858, § 4161; Shan., § 5974; Code 1932, § 10175; impl. am. Acts 1979, […]
§ 16-15-727. Correction of Judgment — Mistakes, Inadvertence, Excusable Neglect and Fraud
Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes. Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable […]
§ 16-15-728. Proceedings Presumed Valid
Every intendment is in favor of the sufficiency and validity of proceedings before general sessions courts, when brought in question, either directly or collaterally, in any of the courts, where it appears on the face of the proceedings that the general sessions court had jurisdiction of the subject matter and of the parties. Code 1858, […]
§ 16-15-729. Trial De Novo on Appeal — Decision on Merits
No civil case, originating in a general sessions court and carried to a higher court, shall be dismissed by such court for any informality whatever, but shall be tried on its merits; and the court shall allow all amendments in the form of action, the parties thereto, or the statement of the cause of action, […]
§ 16-15-718. Fees to Clerk
Before the issuance of any original process in a civil action, the plaintiff shall deposit with the clerk a sum that the clerk has previously established as adequate to pay the usual costs, including litigation taxes as calculated in accordance with § 8-21-401, and any local litigation tax as authorized by a private act. The […]
§ 16-15-719. Appeal Bond
An appeal bond returned with other papers to the circuit court is a conclusive presumption that an appeal was taken.
§ 16-15-708. Subpoena of Witnesses
The attendance of witnesses to give testimony in court or by deposition is procured by subpoena or summons, requiring the witness to be present at a prescribed place and time, to give testimony in a case or matter stated in the subpoena or summons, mentioning the names of the parties litigant and the party at […]
§ 16-15-710. Commencement of Actions — New Process When Not Served
The suing out of a warrant is the commencement of a civil action within the meaning of this title, whether it is served or not; but if the process is returned unserved, plaintiff, if plaintiff wishes to rely on the original commencement as a bar to the running of a statute of limitations, must either […]