§ 20-6-201. Successive Actions
Successive actions may be maintained on the same contract or transaction whenever, after the former action, a new cause of action arises therefrom. Code 1858, § 2899; Shan., § 4620; Code 1932, § 8743; T.C.A. (orig. ed.), § 20-804.
§ 20-6-202. Actions on Bonds
In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained in the penal bonds or other writings, the plaintiff may assign as many breaches as the plaintiff deems proper, and verdict and judgment may be rendered for such of the breaches as the plaintiff may prove; or, if […]
§ 20-6-306. Claims for Contractual Attorney Fees
If a plaintiff voluntarily dismisses an action while a counterclaim is pending for contractual attorney fees, and if the plaintiff does not timely recommence the action, the court, upon proper showing, may order that the counterclaimant is the prevailing party for the purpose of recovering contractual attorney fees. This section shall only apply if the […]
§ 20-6-401. Setoff by Co-Maker or Surety
A co-maker or surety, when sued alone, may, with the consent of the co-maker’s or surety’s co-maker or principal, use, by way of setoff, any of the debts or demands, held by the co-maker or principal against the plaintiff at the commencement of the action, and matured when offered in setoff, but the plaintiff may […]
§ 20-5-116. Party Substituted in Revivor
Suit abated by the death of either party may be revived by or against the heir, personal representative, guardian or assign, as the case may be, who may be legally entitled to the decedent’s place in the subject matter of the litigation. Code 1858, § 2859 (deriv. Acts 1786, ch. 14, § 1; 1794, ch. […]
§ 20-5-117. Death of Nominal Plaintiff
Where a suit is commenced in the name of one person for the use of another and the nominal plaintiff dies, the suit may be prosecuted without a revivor, as if the death had not happened. Code 1858, § 2858 (deriv. Acts 1825, ch. 29, § 3); Shan., § 4578; Code 1932, § 8703; T.C.A. […]
§ 20-5-104. Revival by or Against Heirs
If no person will administer on the estate of a deceased plaintiff or defendant, the suit may be revived by or against the heirs of the decedent. Code 1858, § 2849 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., § 4571; Code 1932, § 8696; T.C.A. (orig. ed.), § 20-605.
§ 20-5-105. Revival by or Against Successor in Interest
If the decedent has parted with the decedent’s interest pending the suit, it may be revived by or against the successor in interest instead of the representative or heir. Code 1858, § 2850 (deriv. Acts 1794, ch. 1, § 64); Shan., § 4572; Code 1932, § 8697; T.C.A. (orig. ed.), § 20-606.
§ 20-5-106. Injury Resulting in Death — Succession to Cause of Action — Beneficiary Who Is Minor or Legally Incompetent
The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person’s death but shall pass to the […]
§ 20-5-107. Prosecution of Action by Representative or Surviving Spouse or Next of Kin
The action may be instituted by the personal representative of the deceased or by the surviving spouse in the surviving spouse’s own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin; also, without the consent of the personal representative, either may use the personal […]