§ 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; […]
§ 27-8-108. 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.
§ 27-7-106. Failure to Try at First Term
If the matter is not tried at the first term after the writ is sued out, the court may discharge the supersedeas, upon the motion of the adverse party, and the supersedeas’s denial on oath of the facts alleged in the petition, upon taking a refunding bond, with good security, to perform the judgment in […]
§ 27-7-107. Rules — Orders of Publication
The court may order publication for nonresident defendants, who have no known agent or attorney in the state, and may prescribe rules for the assignment of errors, making issues thereon, and for all such other matters as are necessary to give full effect to this proceeding. Code 1858, § 3115; Shan., § 4843; Code 1932, […]
§ 27-7-108. Judgment Against Plaintiff in Error
In all cases of affirmance of the judgment, or dismissal of the writ for any cause, where the original judgment has been superseded, judgment shall be rendered against the plaintiff in error and any sureties for the amount of the former judgment, with interest at the rate of twelve and one-half percent (12½%) per annum […]
§ 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.), […]