§ 16-15-723. Proceedings After Attachment
The proceedings after the issuance and service of attachment and on the trial and enforcement of the plaintiff’s claim, are the same as if the suit had been commenced in the ordinary way, the rights acquired by the attachment being governed by the provisions of this code regulating attachments. Code 1858, § 4175; Shan., § […]
§ 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, […]
§ 16-15-720. Continuances
A continuance may be granted in the judge’s discretion.
§ 16-15-721. Rules of Evidence — Application
Unless specifically provided otherwise, the Tennessee rules of evidence shall be fully applicable in general sessions courts.
§ 16-15-722. Attachment
General sessions courts have jurisdiction as in subsection (b) to proceed by attachment against the property of the defendant, in the same way as the courts of record, under the rules, regulations and provisions in this code prescribed in regard to proceedings by attachment, as far as they are applicable and not controlled by other […]