A writ of error lies from the final judgment of the court of general sessions to the circuit or proper appellate court, and from the circuit and chancery court to such appellate court, in all cases where an appeal in the nature of a writ of error would have lain. Code 1858, § 3176 (deriv. […]
It may be moved for and obtained in the appellate court, or issued by the clerk of the appellate court in vacation, upon the transcript of the record being filed in the appellate court clerk’s office, and bond given as required by law. Code 1858, § 3177 (deriv. Acts 1794, ch. 1, §§ 37, 65; […]
The application to a clerk of circuit court to bring up a proceeding of the court of general sessions shall be made within sixty (60) days after the date of the judgment appealed from. Code 1858, § 3179 (deriv. Acts 1823, ch. 44, § 1); Shan., § 4915; Code 1932, § 9067; mod. C. Supp. […]
The application to the clerk of the proper appellate court to bring up a proceeding of the circuit, chancery, or general sessions court shall be made within one (1) year after the judgment or decree. Code 1858, § 3180 (deriv. Acts 1811, ch. 72, § 12); Shan., § 4916; Code 1932, § 9068; modified; impl. […]
The application to the appellate court, or a judge thereof, to bring up a proceeding of the circuit, chancery, or general sessions court shall be made within two (2) years after the judgment or decree. Code 1858, § 3181 (deriv. Acts 1799, ch. 12, § 1); Shan., § 4917; Code 1932, § 9069; modified; impl. […]
Infants, persons adjudicated incompetent, or imprisoned may prosecute writs of error within the time prescribed after legal rights are restored. Code 1858, § 3182 (deriv. Acts 1799, ch. 12, § 1); Acts 1901, ch. 15, § 4; Shan., § 4918; mod. Code 1932, § 9070; T.C.A. (orig. ed.), § 27-606; Acts 2011, ch. 47, § […]
Where an appeal in the nature of a writ of error is dismissed on the ground that the record was not brought up within the time prescribed by the rules of the court, the appellant may, notwithstanding, prosecute a writ of error within the same time, and under the same regulations, as if no appeal […]
If sued out after the term of the court at which the judgment complained of was rendered, five (5) days’ notice, in writing, shall be given to the adverse party of the intention to apply for the writ. Code 1858, § 3183 (deriv. Acts 1794, ch. 1, § 37; 1835-1836, ch. 3, § 19); Shan., […]
The bond required from the applicant for the writ of error, and the proceedings in the appellate court thereafter, are the same as those upon an appeal, as provided in this title. Code 1858, § 3184 (deriv. Acts 1811, ch. 72, § 12); Shan., § 4920; Code 1932, § 9072; T.C.A. (orig. ed.), § 27-609.
Any person may obtain a writ of error, without supersedeas, by giving bond and security for costs alone, if application therefor be made within the time provided by law for such writ, or, if unable to give security, then such person may pauperize.
The writ of error does not supersede the execution of the judgment, unless a judge of the proper appellate court is of opinion, from inspecting the record, that there is error, and shall order a supersedeas to issue. Code 1858, § 3178 (deriv. Acts 1811, ch. 72, § 12); Shan., § 4913; Code 1932, § […]
If the judgment or decree below has been executed by a sale of property, either real or personal, before the writ of error is obtained and supersedeas granted, the right, title, and interest of any purchaser, previously acquired under the judgment or decree, shall not be disturbed or affected by the reversal of such decree. […]
