§ 20-12-127. Pauper’s Oath
Any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by: Filing the following oath of poverty: I, , do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to […]
§ 20-12-114. Nominal Damages Recovered
In civil actions founded upon assault, assault and battery, malicious prosecution, false imprisonment or for the recovery of damages for overflowing of water by the erection of a gristmill or other waterworks of utility, the plaintiff recovers no more costs than damages, unless the recovery exceeds five dollars ($5.00). Code 1858, § 3198 (deriv. Acts […]
§ 20-12-115. Actions for Overflow of Water
In all suits for the recovery of damages occasioned by the overflowing of water by the erection of a dam for a grist or saw mill or other waterworks of utility, the plaintiff, if successful, shall be entitled to full costs, unless the plaintiff’s damages do not exceed five dollars ($5.00), in which case the […]
§ 20-12-116. Usury
If it appears in the action that usurious interest has been intentionally taken or reserved, the person taking or reserving such usury shall pay full costs. Code 1858, § 3205; Shan., § 4947; Code 1932, § 9100; T.C.A. (orig. ed.), § 20-1618.
§ 20-12-117. Taxation Between Defendants
The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant’s benefit. Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., § 4952; […]
§ 20-12-118. Cases Not Expressly Covered
If any case occurs not directly or by fair implication embraced in the express provisions of the law, the court may make such disposition of the costs as, in its sound discretion, may seem right. Code 1858, § 3220; Shan., § 4962; Code 1932, § 9115; T.C.A. (orig. ed.), § 20-1620.
§ 20-12-119. Discretion of Judge
In all civil cases, whether tried by a jury or before the court without a jury, the presiding judge shall have a right to adjudge the cost. In doing so, the presiding judge shall be authorized, in the presiding judge’s discretion, to apportion the cost between the litigants, as in the presiding judge’s opinion the […]
§ 20-12-120. Security Given by Plaintiff
No leading process shall issue from any court without security being given by the party at whose instance the action is brought for the successful prosecution of the party’s action, and, in case of failure, for the payment of court costs and taxes that may be awarded against the party, unless in cases and instances […]
§ 20-12-121. Failure to Take Security
Any clerk who neglects to take the security required by § 20-12-120 is liable on the clerk’s official bond to all persons aggrieved by the neglect. Code 1858, § 3188 (deriv. Acts 1787, ch. 19, § 3); Shan., § 4924; Code 1932, § 9076; T.C.A. (orig. ed.), § 20-1623.
§ 20-12-122. Actions Commenced by Petition or Motion
In any action commenced by petition or motion, the plaintiff may be required to give security. Code 1858, § 3189 (deriv. Acts 1826, ch. 29, § 1); Shan., § 4925; Code 1932, § 9077; T.C.A. (orig. ed.), § 20-1624.