§ 20-12-108. Correction of Erroneous Taxation
If the taxation of costs is excessive by charging the costs of witnesses who were not examined or by charging costs to an improper party, or taxing costs contrary to law, or the taxation is otherwise erroneous, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk […]
§ 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 […]
§ 20-10-101. Additur
In cases where, in the opinion of the trial judge, a jury verdict is not adequate to compensate the plaintiff or plaintiffs in compensatory damages or punitive damages, the trial judge may suggest an additur in such amount or amounts as the trial judge deems proper to the compensatory or punitive damages awarded by the […]
§ 20-10-102. Remittitur
In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be reduced and a remittitur is suggested by the trial judge on that account, with the proviso […]
§ 20-10-103. Remittitur Under Protest — Review by Supreme Court
If the judgment of the trial court with regard to a remittitur is affirmed in the court of appeals, so that a party is required to make a remittitur or suffer a new trial, as in the judgment of the trial court, or if, by the opinion of the court of appeals, a further or […]
§ 20-11-103. Defective Verdict
Any defect in entering a verdict where there are different issues, or the verdict is not responsive to the issues, shall be objected to before judgment is entered, or the objection will be considered waived. Code 1858, § 2873 (deriv. Acts 1851-1852, ch. 152, § 7); Shan., § 4593; Code 1932, § 8717; T.C.A. (orig. […]