US Lawyer Database

§ 20-2-106. Process on Sunday Generally Prohibited

With the exceptions contained in §§ 20-2-104 and 20-2-105, civil process shall not be executed on Sunday. Code 1858, § 2827 (deriv. Acts 1777 (Nov.), ch. 8, § 6); Acts 1885, ch. 53, § 1; Shan., § 4533; Code 1932, § 8660; T.C.A. (orig. ed.), § 20-209.

§ 20-2-108. Counterpart Summons

Where there are two (2) or more defendants in any suit in courts of law or equity or before judges of the courts of general sessions, the plaintiff may cause a counterpart summons or subpoena to be issued to any county where any of the defendants is most likely to be found, the fact that […]

§ 20-2-109. Service on Joint Obligor on Negotiable Paper

In joint actions on negotiable paper, service of a counterpart writ on the drawer or maker shall not be sufficient service to hold the drawer or maker to answer the action, unless the original writ was executed on a joint drawer or maker. Code 1858, § 2823 (deriv. Acts 1827, ch. 74, § 2); Shan., […]

§ 20-2-111. Returns Made With Ink — Penalty for Violation

Sheriffs, constables and all officers are required to make their returns upon all processes issued to them with pen and ink or some other nonerasable material or fluid; but the failure of the officer to make the officer’s return as required shall in no case vitiate the return. Any officer violating this section commits a […]

§ 20-1-113. Separate Judgments Against Executors

The same proceedings may be taken on judgments rendered in such separate suits, to subject the defendants for waste of assets or to subject real estate descended to heirs, as when all the executors or administrators are sued. Code 1858, § 2794 (deriv. Acts 1826, ch. 38, § 2); Shan., § 4491; Code 1932, § […]

§ 20-1-114. Addition of Parties

At any time before trial, new plaintiffs or defendants may be added to the suit by the plaintiff, upon supplemental process taken out and served or appearance entered. If added at the appearance term, it may be done without costs; if at any subsequent term, on such terms as to costs and conditions as the […]

§ 20-1-115. Intervention in Property Action

In actions for the recovery of property, any person not a party to the action, on showing interest in the subject matter of the suit, may be allowed to appear as defendant in the action. Code 1858, § 2799; Shan., § 4496; Code 1932, § 8623; T.C.A. (orig. ed.), § 20-116.

§ 20-1-116. Substitution of Defendant in Property Action

At any time before defense made, the defendant may apply to the court to substitute in the defendant’s place any person not already a party, who claims the money or property in suit, by filing an affidavit, stating the facts on which the person founds the application, showing that the right in the subject matter […]