US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2021 Tennessee Code » Title 29 - Remedies and Special Proceedings » Chapter 1 - General Provisions — Extraordinary Process

§ 29-1-101. Application of Equitable Remedies

The provisions of this Code relating to injunctions, appointment of receivers, and other extraordinary process, apply equally to equity proceedings in any court. Code 1858, § 3766; Shan., § 5547; Code 1932, § 9717; T.C.A. (orig. ed.), § 23-102.

§ 29-1-102. Injunction Pending Litigation

In real actions, and in actions for the recovery of personal property in specie, the court in which the suit is pending may restrain the injury, removal, or destruction of the property by process of injunction, until the cause is finally disposed of. Code 1858, § 3767; Shan., § 5548; Code 1932, § 9718; T.C.A. […]

§ 29-1-103. Receivers Pending Litigation

The courts are all vested with power to appoint receivers for the safekeeping, collection, management, and disposition of property in litigation in such court, whenever necessary to the ends of substantial justice, in like manner as receivers are appointed by courts of chancery. Code 1858, § 3768; Shan., § 5549; Code 1932, § 9719; T.C.A. […]

§ 29-1-104. Receiver’s Bond

The clerk and master, when so directed by the order of the judge or chancellor, shall take bond and security from the receiver, or the complainant, conditioned for the faithful discharge of the duties of the receiver. Code 1858, § 4453 (deriv. Acts 1833, ch. 47, § 1); Shan., § 6269; Code 1932, § 10559; […]

§ 29-1-105. Courts’ Powers Over Extraordinary Process

In all proper cases, also, any of the courts may use all other extraordinary process of the court of chancery, and in the same way as that court, when necessary to effect the ends of justice. Code 1858, § 3769; Shan., § 5550; Code 1932, § 9720; T.C.A. (orig. ed.), § 23-107.

§ 29-1-106. Judges Granting Extraordinary Process

Injunctions, attachments, except as otherwise provided, writs of ne exeat, and other extraordinary process are granted by the chancellors, circuit judges, and judges of criminal and special courts. Code 1858, § 4434 (deriv. Acts 1835-1836, ch. 4, § 9); Acts 1871, ch. 49; Shan., § 6246; mod. Code 1932, § 10533; T.C.A. (orig. ed.), § […]

§ 29-1-107. Statement as to First Application

No such extraordinary process shall be granted, unless the party applying therefor state in the party’s bill or petition that it is the first application for such process. Code 1858, § 4435 (deriv. Acts 1821, ch. 7, § 1); Shan., § 6247; Code 1932, § 10534; T.C.A. (orig. ed.), § 23-109.

§ 29-1-108. Application After Refusal

If any application is made for extraordinary process and refused, no other application shall be granted, except by the court in which the bill is filed. Code 1858, § 4436; Shan., § 6253; Code 1932, § 10539; T.C.A. (orig. ed.), § 23-110.

§ 29-1-109. Endorsement of Refusal

When an application is refused, the officer to whom the same is made shall endorse the refusal on the bill and sign the officer’s name thereto, and anyone erasing such endorsement is guilty of, and may be punished for defacing a record. Code 1858, § 4437; Shan., § 6254; Code 1932, § 10540; T.C.A. (orig. […]

§ 29-1-110. Transmission of Bill and Fiat to Clerk

It is the duty of the judge, upon granting the fiat, to envelope the bill and fiat under seal, and direct to the clerk of the court in which the bill is filed, who alone is authorized to open the package. Code 1858, § 4438 (deriv. Acts 1825, ch. 71, § 3); Shan., § 6255; […]

§ 29-1-111. Scope of Provisions

Sections 29-1-104 — 29-1-110 and Chapters 1 9 and 24 of this title will apply to all cases in any of the courts which may be resorted to for the extraordinary process provided for in this chapter. Code 1858, § 4454; Shan., § 6270; Code 1932, § 10560; T.C.A. (orig. ed.), § 23-113.