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Home » US Law » 2021 Tennessee Code » Title 20 - Civil Procedure » Chapter 1 - Parties to Actions

§ 20-1-102. Indemnification of Nominal Plaintiff

The person whose name is used in the prosecution of a suit may, at any time during the progress of the cause, require the party for whose benefit the action is brought to give bond, with good security, to indemnify the person whose name is used in the prosecution of the suit against all damages […]

§ 20-1-103. Action on Bond

For any breach of an official bond or undertaking of any officer, executor, administrator or guardian, or of any bond or undertaking required to be given by law for the security of the public generally or of particular individuals, the party aggrieved may, without assignment, bring suit on the breach for the aggrieved party’s use, […]

§ 20-1-104. Deserted Wife as Party

Where a husband has deserted his family, the wife may prosecute or defend, in the husband’s name, any action that the husband might have prosecuted or defended. The wife may also sue and be sued in her own name for any cause of action accruing subsequently to such desertion. Code 1858, § 2805; Shan., § […]

§ 20-1-105. Expenses and Loss of Service Incident to Injury to Child

The father and mother of a minor child have equal rights to maintain an action for the expenses and the actual loss of service resulting from an injury to a minor child in the parents’ service or living in the family except that where one (1) parent is dead or has deserted the family, the […]

§ 20-1-107. Several Liability on Joint Obligations

All joint obligations and promises are made joint and several, and the debt or obligation shall survive against the heirs and personal representatives of deceased obligors as well as against the survivors, and suits may be brought and prosecuted on the obligations and promises against all or any part of the original obligors, and all […]

§ 20-1-108. Joinder of Defendants on Joint and Several Obligations

Persons jointly or severally, or jointly and severally, bound on the same instrument, or by judgment, decree or statute, including the makers and endorsers of negotiable paper and sureties, may all or any part of them be sued in the same action. Code 1858, § 2787 (deriv. Acts 1789, ch. 57, § 5; 1813, ch. […]

§ 20-1-109. Action in Name Used in Instrument

Suit may be brought by or against any of the parties to a written instrument on which the action is founded, by the name and description used in the instrument. Code 1858, § 2788; Shan., § 4485; Code 1932, § 8612; T.C.A. (orig. ed.), § 20-110.

§ 20-1-110. Failure of Recovery Against Joint Defendants

In all actions on contracts, a dismissal of suit as to one (1) or more of those jointly sued, or failure to recover as to one (1), shall not prevent a recovery against those defendants who may be liable. Code 1858, § 2790 (deriv. Acts 1820, ch. 25, § 2); Shan., § 4487; Code 1932, […]

§ 20-1-112. Defenses of Executors Sued Separately

The defendants, so separately sued, shall not be held further liable than if all were sued and may avail themselves of all the defenses allowed where all are sued. Code 1858, § 2793 (deriv. Acts 1826, ch. 38, § 1; 1827, ch. 84, § 1); Shan., § 4490; Code 1932, § 8617; T.C.A. (orig. ed.), […]

§ 20-1-113. Separate Judgments Against Executors

The same proceedings may be taken on judgments rendered in such separate suits, to subject the defendants for waste of assets or to subject real estate descended to heirs, as when all the executors or administrators are sued. Code 1858, § 2794 (deriv. Acts 1826, ch. 38, § 2); Shan., § 4491; Code 1932, § […]

§ 20-1-114. Addition of Parties

At any time before trial, new plaintiffs or defendants may be added to the suit by the plaintiff, upon supplemental process taken out and served or appearance entered. If added at the appearance term, it may be done without costs; if at any subsequent term, on such terms as to costs and conditions as the […]

§ 20-1-115. Intervention in Property Action

In actions for the recovery of property, any person not a party to the action, on showing interest in the subject matter of the suit, may be allowed to appear as defendant in the action. Code 1858, § 2799; Shan., § 4496; Code 1932, § 8623; T.C.A. (orig. ed.), § 20-116.

§ 20-1-116. Substitution of Defendant in Property Action

At any time before defense made, the defendant may apply to the court to substitute in the defendant’s place any person not already a party, who claims the money or property in suit, by filing an affidavit, stating the facts on which the person founds the application, showing that the right in the subject matter […]

§ 20-1-117. Substitution for Levying Officer

Where property is levied upon under any process of law by an officer and taken into possession, and an action is brought against the officer for the recovery of the property or for damages, any person at whose instance the process issued may be permitted to come into court at any time before the cause […]

§ 20-1-118. Default Judgment Against Levying Officer

Upon written notice from the levying officer being served upon the party at whose instance the process issued, stating the nature of the suit, the court in which it is pending, and demanding that the party come into court and be substituted in the place of the officer, and stating the day upon which the […]

§ 20-1-119. Comparative Fault — Joinder of Third Party Defendants

In civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint […]