§ 27-8-118. Judgment Against Applicant
Upon affirmance of the judgment or decree below or recovery of a larger amount, or upon dismissal of the certiorari for want of prosecution, or for any other cause, the court shall enter judgment for the amount recovered against the principal and the sureties on the prosecution bond, with interest at the rate of six […]
§ 27-8-108. Amount of Supersedeas
Where the error complained of is in the amount of the judgment, the petition shall show the amount of the mistake, and the supersedeas shall not issue for more than such amount, and the plaintiff in the judgment shall be entitled to execution for the balance not complained of, as if no such writ had […]
§ 27-8-109. Part of Judgment Involved
When the certiorari extends only to a part of the judgment, or it is brought by one (1) or more of several parties only, a certified copy of the proceedings complained of shall be made out by the proper officer, and filed in lieu of the original papers, and proceedings as to parties who do […]
§ 27-8-110. Prosecution Bond
The clerk of the circuit court, before such clerk issues the writ, shall take bond from the party applying, with good security, in double the amount of the judgment or error complained of, payable to the opposite party, conditioned to prosecute the writ with effect, or perform the judgment which shall be rendered in the […]
§ 27-8-111. Security for Costs
The original plaintiff, upon certiorari to a higher court, may be ruled to give security for the costs of suit in such higher court. Code 1858, § 3139; Shan., § 4870; Code 1932, § 9007; T.C.A. (orig. ed.), § 27-811.
§ 27-8-112. Supersedeas
The clerk shall also issue a writ of supersedeas in all necessary cases, directed to the opposite party, or the officer in whose hands the execution may be, which shall effectually supersede all further proceedings thereon. Code 1858, § 3132; Shan., § 4863; Code 1932, § 8998; T.C.A. (orig. ed.), § 27-812.
§ 27-8-113. Supersedeas on Pauper’s Application
No supersedeas shall issue upon application in forma pauperis, without express order of the judge dispensing with security. Such order may be made by the judge only on notice to the adverse party of the application. Code 1858, § 3133; Shan., § 4864; Code 1932, § 8999; T.C.A. (orig. ed.), § 27-813.
§ 27-8-114. Action After Refusal of Supersedeas
On refusing such order, the judge may either take bond from the adverse party for the payment of damages, including the value of property levied on, or for the safekeeping of the property and its redelivery at the end of the suit, with damages, if the applicant succeeds in the application; or, the judge may […]
§ 27-8-115. Time of Trial
Suits brought into an appellate court, by writ of certiorari, shall be triable at the return term of the writ.
§ 27-8-116. Determination on Motion to Quash or Dismiss
On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court.