§ 27-8-117. Judgment for Applicant
On the final judgment, the court may, if the applicant obtain relief, direct the jury trying the cause to assess damages, or may impanel a jury for that purpose, may order restitution of the property, or give such other judgment in the applicant’s favor as the state of the case requires. Code 1858, § 3136; […]
§ 27-8-103. Levy Not Required
It is not necessary that a levy shall be made on the defendant’s property in order to entitle the defendant to the writ of certiorari and supersedeas.
§ 27-8-104. Power of Circuit and Chancery Courts
The judges of the inferior courts of law have the power, in all civil cases, to issue writs of certiorari to remove any cause or transcript thereof from any inferior jurisdiction, on sufficient cause, supported by oath or affirmation. The chancellors shall have concurrent jurisdiction with the judges of the circuit courts of this state […]
§ 27-8-105. Power of General Sessions Judges
Two (2) general sessions judges may, within twenty (20) days after judgment, grant a certiorari and supersedeas to remove the proceedings of a general sessions judge to the circuit court. Code 1858, § 3127 (deriv. Acts 1801, ch. 7, § 4; 1833, ch. 65, § 2); Shan., § 4858; Code 1932, § 8993; impl. am. […]
§ 27-8-106. Petition
The petition for certiorari may be sworn to before the clerk of the circuit court, the judge, any judge of the court of general sessions, or a notary public, and shall state that it is the first application for the writ. Code 1858, § 3128 (deriv. Acts 1833, ch. 65, § 1); Shan., § 4859; […]
§ 27-8-107. Return to Circuit Courts
All writs of certiorari and supersedeas granted to revise the proceedings of the county court, or any general sessions judge, shall be made returnable to the circuit court unless otherwise expressly provided by law. Code 1858, § 3125; Shan., § 4856; Code 1932, § 8991; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. […]
§ 27-8-101. Constitutional Basis
The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy, or adequate remedy. This section does not […]
§ 27-8-102. Cases in Which Writ Lies
Certiorari lies: On suggestion of diminution; Where no appeal is given; As a substitute for appeal; Instead of audita querela; or Instead of writ of error. This section does not apply to actions governed by the Tennessee Rules of Appellate Procedure. Code 1858, § 3124; Shan., § 4854; Code 1932, § 8990; T.C.A. (orig. ed.), […]