Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an attachment at law or in equity, against the property of a debtor or defendant, in the following cases: Where the […]
An attachment may, in like manner, be sued out upon debts or demands not due, in any of the cases mentioned in § 29-6-101, except the first; that is, when the debtor or defendant resides out of the state. Code 1858, § 3456 (deriv. Acts 1855-1856, ch. 50, §§ 1, 3); Shan., § 5213; Code […]
Any accommodation endorser or surety may, in like manner, sue out an attachment against the property of such endorsor’s or surety’s principal, as a security for the liability, whether the debt on which the accomodation endorsed or surety is bound be due or not. Code 1858, § 3457 (deriv. Acts 1835-1836, ch. 43, § 8); […]
No final judgment or decree shall be rendered upon attachment under § 29-6-102 or § 29-6-103, until the debt or demand upon which it is based becomes due; nor shall any property levied upon thereby be sold, until final judgment or decree, except property of a perishable nature, which may be sold as in other […]
The attachment by endorser or surety shall be discharged, if the principal will give bond and security, to be approved by the court, in term time, or its clerk in vacation, to indemnify the plaintiff. Code 1858, § 3459 (deriv. Acts 1835-1836, ch. 43, § 8); Shan., § 5216; Code 1932, § 9403; T.C.A. (orig. […]
In all actions for torts, brought in any court having jurisdiction thereof, where the defendant is a nonresident of this state, or falls within any of the provisions of § 29-6-101 authorizing attachment to issue, it shall be lawful for the plaintiff to commence such suit by attachment in the same manner as suits are […]
In any civil action, when the summons has been returned “not to be found in my county,” as to all or any one of the defendants, residents of the county, the plaintiff may have an alias and pluries summons for the defendant, or, at plaintiff’s election, sue out attachment against the estate of such defendant. […]
No judicial attachment shall issue against the estate of any person residing without the limits of the state, unless such process is grounded on an original attachment, or unless the leading process in the suit has been executed on the person of the defendant when within the state. Code 1858, § 3468 (deriv. Acts 1794, […]
When the debtor and creditor, tort-claimant and tort-feasor, are both nonresidents of this state, and residents of the same state, the creditor or claimant shall not have attachment against the property of the debtor, or the tort-defendant unless the creditor or claimant swears that the property of the latter has been fraudulently removed to this […]
Suits by original attachment may be brought in any court, or before any magistrate, having jurisdiction of the cause of action. Code 1858, § 3460 (deriv. Acts 1794, ch. 1, § 19; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166; 1851-1852, ch. 177); Shan., § 5217; Code 1932, § 9404; T.C.A. (orig. ed.), § 23-610. […]
Any person may also sue out an attachment in the chancery court, upon debts or demands of a purely legal nature, except causes of action founded on torts, without first having recovered a judgment at law, whenever the amount in controversy is sufficient to give the court jurisdiction. Code 1858, § 3461 (deriv. Acts 1835-1836, […]
The attachment may be granted by any judge of the circuit, criminal, or special court, by any chancellor or judge of the court of general sessions, or by the clerk of the court to which the attachment is made returnable. Code 1858, § 3463 (deriv. Acts 1794, ch. 1, § 19; 1851-1852, ch. 365, § […]
In order to obtain an attachment, the plaintiff, plaintiff’s agent or attorney, shall make oath in writing, stating the nature and amount of the debt or demand, and that it is a just claim; or, if the action is for a tort, that the damages sued for are justly due the plaintiff or plaintiffs, as […]
It is no objection to the attachment that the bill, affidavit, or attachment states in the alternative, or otherwise, more than one (1) of the causes for which attachment may be sued out. Code 1858, § 3470 (deriv. Acts 1843-1844, ch. 29, § 4); Shan., § 5230; Code 1932, § 9417; T.C.A. (orig. ed.), § […]
The officer to whom application is made, shall, before granting the attachment, require the plaintiff, the plaintiff’s agent or attorney, to execute a bond with sufficient security, payable to the defendant, and conditioned that the plaintiff will prosecute the attachment with effect, or, in case of failure, pay the defendant all costs that may be […]
The bond to be required before issuance of the writ shall be in penalty as follows: When the amount of the claim is less than the value of the property sought to be attached, a bond in a penalty equal to the asserted amount of the plaintiff’s or complainant’s debt or lien plus an additional […]
A substantially accurate description of the property to be attached, and its approximate value, shall be set forth in the bill or affidavit praying for the writ of attachment, and if in the bill of complaint, same shall be verified by the oath of the complainant, complainant’s agent or attorney. The issuing officer shall look […]
The affidavit and bond shall be filed by the officer taking them, in the court to which the attachment is returnable, and shall constitute a part of the record in the cause. Code 1858, § 3472; Shan., § 5232; Code 1932, § 9422; T.C.A. (orig. ed.), § 23-618.
If the debt or demand, on which the attachment suit is brought, is not due at the time of the service of the attachment, the plaintiff is not required to file any pleadings until the maturity of such debt or demand. Code 1858, § 3525; Shan., § 5285; Code 1932, § 9477; T.C.A. (orig. ed.), […]
The writ shall be addressed to the sheriff of the county, unless the suit be before a judge of the court of general sessions, and then it may be addressed to a constable; and it shall command the sheriff or constable to attach and safely keep, repleviable upon security, the estate of the defendant, wherever […]
