Circuit judges and chancellors have power to issue writs of mandamus, upon petition or bill, supported by affidavit. Code 1858, § 3567 (deriv. Acts 1831, ch. 51, § 1); Shan., § 5331; mod. Code 1932, § 9491; T.C.A. (orig. ed.), § 23-2001.
The writ is either alternative or peremptory. The alternative writ commands the defendant to do the act required to be performed or show cause before the court forthwith, or at a specified time and place, why the defendant has not done so, and that the defendant then and there return the writ. The peremptory writ […]
The writ is returnable to the court of the county in which the land lies, in all cases where land is the subject of controversy, and in all other cases to the court of the county where the defendant resides, or, if against a public officer or corporation, in the county in which the office […]
The defendant in the writ shall notify any third person claiming title to or interest in the matter in controversy, and such third person may, upon application, be made a defendant, and permitted to file an answer, upon giving security for costs. Code 1858, § 3571 (deriv. Acts 1831, ch. 51, § 3); Shan., § […]
If such third person is a nonresident or unknown, publication shall be made as in other cases against nonresidents; and, on the nonresident’s failing to appear and answer according to the requirements of the order of publication, the petition or bill may be taken for confessed, and proceeded with ex parte. Code 1858, § 3573 […]
On the return day of the alternative writ, or on such further day as the court may allow, the party on whom the writ has been served may show cause by a sworn answer, and issue may be made thereon, and tried accordingly. Code 1858, § 3570; Shan., § 5334; Code 1932, § 9494; T.C.A. […]
If the answer deny any material facts stated in the petition, the court may determine the issues upon evidence, or cause them to be submitted to a jury. Code 1858, § 3572 (deriv. Acts 1831, ch. 51, § 4); Shan., § 5336; Code 1932, § 9496; T.C.A. (orig. ed.), § 23-2007.
When the defendant makes default, or a decision is made against the defendant after appearance, the court shall direct a peremptory mandamus to issue forthwith. Should the decision be adverse to the petitioner, the petition or bill shall be dismissed with costs. Code 1858, § 3574 (deriv. Acts 1831, ch. 51, § 7); Shan., § […]
The costs and fees in mandamus cases are the same as those prescribed by law for similar services in chancery proceedings. Code 1858, § 3575 (deriv. Acts 1831, ch. 51, § 8); Shan., § 5339; Code 1932, § 9499; T.C.A. (orig. ed.), § 23-2009.
