§ 21-1-810. Reinstatement of Remanded Cases
In all cases remanded by the supreme court or court of appeals to any court for the execution of an order of reference, order of sale or for other proceedings directed in the decree of the appellate court or in the decree of the lower courts as affirmed or modified by the appellate court, the […]
§ 21-1-811. Notice of Appellate Decree
Upon the receipt of any certified copy of decree, or mandate of any appellate court, the clerk and master or clerk of the lower court, shall file the decree or mandate, copy it upon the rule docket or minute book, if the court so directs, and notify the attorney of record in the case of […]
§ 21-1-802. Mesne and Final Process — Common Law Writs
Courts of chancery are further authorized to issue such process, mesne and final, as has been used in the chancery courts; and all writs for the collection of money, or to obtain the possession of real or personal property, in use in the common law courts, may be adapted to the execution of decrees in […]
§ 21-1-803. Foreclosure Sale
Where, upon the foreclosure of a mortgage or deed of trust, or in any case, the specified land to be sold is mentioned in the decree, the court, upon the application of the complainant, may order that: The property be sold on a credit of not less than six (6) months nor more than two […]
§ 21-1-804. Enforcement of Orders and Decrees
Courts of chancery may enforce rules, orders or decrees by process against the person in default, or by process against the person in default’s property. Code 1858, § 4478 (deriv. Acts 1801, ch. 6, § 23); Shan., § 6295; Code 1932, § 10588; T.C.A. (orig. ed.), § 21-1209.
§ 21-1-805. Issuance of Attachment
An attachment issues by order of the court upon the officer’s return or affidavit of the service of a copy of the decree ten (10) days beforehand, and that the party has failed or refused to comply with the terms of the order. Code 1858, § 4479 (deriv. Acts 1801, ch. 6, § 22); Shan., […]
§ 21-1-806. Attachment Without Service of Decree
If the defendant in execution keeps out of the way or absconds, so that a copy of the decree cannot be served upon the defendant, or if the defendant evades receiving the decree, an affidavit of that fact, and that a copy of the decree was tendered the defendant, or left at the defendant’s last […]
§ 21-1-807. Commitment for Nonperformance of Decree
In attachments for the nonperformance of decrees, no bail is to be taken, but the party shall be committed to jail, there to remain until the party performs the decree. Code 1858, § 4481 (deriv. Acts 1801, ch. 6, § 23); Shan., § 6298; Code 1932, § 10591; T.C.A. (orig. ed.), § 21-1212.
§ 21-1-808. Habeas Corpus on Purge of Contempt
The court, or a judge of the court in vacation, may, in such case, grant a habeas corpus, and discharge the party, if the party purges the contempt, upon such conditions in respect to the party’s compliance with the decree as the judge thinks proper. Code 1858, § 4482 (deriv. Acts 1801, ch. 6, § […]
§ 21-1-809. Hearing on Habeas Corpus
The adverse party, the adverse party’s agent or attorney is entitled to reasonable notice of the hearing upon the writ of habeas corpus granted pursuant to § 21-1-808, if in the state, and may interrogate the party in contempt upon the party in contempt’s oath, and controvert the truth of the party in contempt’s statements […]