§ 20-12-123. Appeals From General Sessions Court
The plaintiff in an action commenced before a judge of the court of general sessions, shall, on motion, be ruled to give security or further security in the circuit court, to which the cause may be taken for the correction of errors. Code 1858, § 3190 (deriv. Acts 1813, ch. 131, § 2); Shan., § […]
§ 20-12-109. Charged Against Real Plaintiff
Where suit is brought in the name of one for the use of another, the person for whose use the action is brought is the real plaintiff, against whom judgment for costs shall be given. Code 1858, § 3200 (deriv. Acts 1825, ch. 29, § 1; 1825, ch. 45, § 5); Shan., § 4941; Code […]
§ 20-12-110. Dismissal, Abatement or Discontinuance
In cases of nonsuit, dismissal, abatement by death of plaintiff or discontinuance, the defendant is the successful party, within the meaning of § 20-12-101. Code 1858, § 3201 (deriv. Acts 1794, ch. 1, § 74); Shan., § 4942; Code 1932, § 9095; T.C.A. (orig. ed.), § 20-1610.
§ 20-12-111. Appeal From General Sessions Court
If the appeal of the defendant from a judgment of a court of general sessions is dismissed for any cause, the original plaintiff is the successful party, and so of other cases. Code 1858, § 3202; Shan., § 4943; Code 1932, § 9096; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § […]
§ 20-12-112. Jurisdictional Defects — Irregular Transfer
Where a suit is dismissed from any court for want of jurisdiction or because it has not been regularly transferred from an inferior to a superior court, the costs shall be adjudged against the party attempting to institute or bring up the cause. Code 1858, § 3215 (deriv. Acts 1832, ch. 5); Shan., § 4957; […]
§ 20-12-113. Abatement of Action
When a plaintiff suffers the plaintiff’s action to abate by the death of the defendant or other cause, or where the suit abates by the death of the plaintiff and the plaintiff’s representatives fail to revive the action, judgment for costs may be rendered against the plaintiff or representatives in the name of the officers […]
§ 20-12-104. Postage
Postage or expressage paid by the officers of the court, or by the parties in sending process, depositions and other papers, being part of the record, by mail or express, shall be taxed in the bill of costs. Code 1858, § 3207 (deriv. Acts 1841-1842, ch. 129, § 7); Shan., § 4949; mod. Code 1932, […]
§ 20-12-105. Number of Witnesses
Not more than two (2) witnesses called to prove the same fact shall be taxed in any bill of costs against the losing party, except in case of witnesses called to attack or sustain the character of a witness or party. If more than the number of witnesses allowed are examined in proof of any […]
§ 20-12-106. Dismissal — Compromise
Suits may be dismissed, in writing, out of term time as well as in term, and further costs stopped. If compromised and dismissed before the return day of the original writ, or before the court to which an appeal is taken from the judgment of a court of general sessions, no costs, except the clerk’s […]
§ 20-12-107. Omitted Costs
Costs omitted in taxing the bills of costs may be retaxed at any time upon application to the court; but if the judgment for costs has been paid, the party against whom the retaxation is asked shall have five (5) days’ notice of the application. Code 1858, § 3211 (deriv. Acts 1855-1856, ch. 70, § […]