§ 21-1-404. Time Defense Allowed
The original defendant, or the defendant’s heir, representative or assignee claiming under the defendant by virtue of any act done before the commencement of the suit, may, within six (6) months after service of a copy of the decree, or within three (3) years after the decree, be admitted to answer the bill, upon petition […]
§ 21-1-405. Security From Complainant on Decree
It is no objection to the execution of a decree rendered against a defendant that it was founded on a bill taken for confessed, without personal service; but the court may require the complainant to give sufficient security, in such sum as the court deems proper, to abide by and perform such order touching the […]
§ 21-1-201. Copy of Bill on Demand
The clerk shall issue, upon demand, to any one of the defendants, the defendant’s agent or attorney, to whom no copy of the bill appears by the sheriff’s return to have been delivered, a certified copy of the bill, to be charged in the bill of costs. Code 1858, § 4344 (deriv. Acts 1845-1846, ch. […]
§ 21-1-202. Names Included in Process
Attachments, injunctions and all other process issued to any one (1) county shall embrace the names of all the defendants required to be served with the process residing in that county. Code 1858, § 4345 (deriv. Acts 1845-1846, ch. 122, § 3); Shan., § 6155; Code 1932, § 10426; T.C.A. (orig. ed.), § 21-207.
§ 21-1-203. Personal Service Dispensed With
Personal service of process on the defendant in a court of chancery is dispensed with in the following cases: When the defendant is a nonresident of this state; When, upon inquiry at the defendant’s usual place of abode, the defendant cannot be found so as to be served with process, and there is just ground […]
§ 21-1-204. Service by Publication
In case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made, shall enter upon the rule docket an order requiring the defendant to appear at a certain day named in the order, being a rule day, and defend, […]
§ 21-1-205. Actual Notice to Nonresidents
Where publication is made for a nonresident defendant, the clerk of the court in which the suit is filed shall mail a copy of the complaint or, after the first publication, mail a copy of the newspaper clipping containing the publication to the nonresident defendant, directed to the nonresident defendant’s last known address; and the […]
§ 21-1-206. Memorandum Book for Process
The clerk shall keep a memorandum book in which shall be noted the issuance of every subpoena for witnesses, commissions, with the day of issuance, and any other proceedings of the clerk if not entered on the clerk’s records, rule docket, or minutes; and the book shall be open for parties or their attorneys to […]
§ 21-1-301. Procedure on Defendant’s Failure to Appear
If the defendant upon whom process has been served fails to appear and defend in the time required by law, the bill may be taken for confessed; or the complainant may proceed by process of contempt to compel an answer. Code 1858, § 4360 (deriv. Acts 1801, ch. 6, § 15); Shan., § 6170; Code […]
§ 21-1-105. Appointments to Serve Process
The chancellors may also, in like manner, appoint persons to serve original, mesne or final process, in particular cases, under special application. Code 1858, § 4415 (deriv. Acts 1835-1836, ch. 4, § 12); Shan., § 6225; Code 1932, § 10494; modified; T.C.A. (orig. ed.), § 21-1105.