The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy, or adequate remedy. This section does not […]
Certiorari lies: On suggestion of diminution; Where no appeal is given; As a substitute for appeal; Instead of audita querela; or Instead of writ of error. This section does not apply to actions governed by the Tennessee Rules of Appellate Procedure. Code 1858, § 3124; Shan., § 4854; Code 1932, § 8990; T.C.A. (orig. ed.), […]
It is not necessary that a levy shall be made on the defendant’s property in order to entitle the defendant to the writ of certiorari and supersedeas.
The judges of the inferior courts of law have the power, in all civil cases, to issue writs of certiorari to remove any cause or transcript thereof from any inferior jurisdiction, on sufficient cause, supported by oath or affirmation. The chancellors shall have concurrent jurisdiction with the judges of the circuit courts of this state […]
Two (2) general sessions judges may, within twenty (20) days after judgment, grant a certiorari and supersedeas to remove the proceedings of a general sessions judge to the circuit court. Code 1858, § 3127 (deriv. Acts 1801, ch. 7, § 4; 1833, ch. 65, § 2); Shan., § 4858; Code 1932, § 8993; impl. am. […]
The petition for certiorari may be sworn to before the clerk of the circuit court, the judge, any judge of the court of general sessions, or a notary public, and shall state that it is the first application for the writ. Code 1858, § 3128 (deriv. Acts 1833, ch. 65, § 1); Shan., § 4859; […]
All writs of certiorari and supersedeas granted to revise the proceedings of the county court, or any general sessions judge, shall be made returnable to the circuit court unless otherwise expressly provided by law. Code 1858, § 3125; Shan., § 4856; Code 1932, § 8991; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. […]
Where the error complained of is in the amount of the judgment, the petition shall show the amount of the mistake, and the supersedeas shall not issue for more than such amount, and the plaintiff in the judgment shall be entitled to execution for the balance not complained of, as if no such writ had […]
When the certiorari extends only to a part of the judgment, or it is brought by one (1) or more of several parties only, a certified copy of the proceedings complained of shall be made out by the proper officer, and filed in lieu of the original papers, and proceedings as to parties who do […]
The clerk of the circuit court, before such clerk issues the writ, shall take bond from the party applying, with good security, in double the amount of the judgment or error complained of, payable to the opposite party, conditioned to prosecute the writ with effect, or perform the judgment which shall be rendered in the […]
The original plaintiff, upon certiorari to a higher court, may be ruled to give security for the costs of suit in such higher court. Code 1858, § 3139; Shan., § 4870; Code 1932, § 9007; T.C.A. (orig. ed.), § 27-811.
The clerk shall also issue a writ of supersedeas in all necessary cases, directed to the opposite party, or the officer in whose hands the execution may be, which shall effectually supersede all further proceedings thereon. Code 1858, § 3132; Shan., § 4863; Code 1932, § 8998; T.C.A. (orig. ed.), § 27-812.
No supersedeas shall issue upon application in forma pauperis, without express order of the judge dispensing with security. Such order may be made by the judge only on notice to the adverse party of the application. Code 1858, § 3133; Shan., § 4864; Code 1932, § 8999; T.C.A. (orig. ed.), § 27-813.
On refusing such order, the judge may either take bond from the adverse party for the payment of damages, including the value of property levied on, or for the safekeeping of the property and its redelivery at the end of the suit, with damages, if the applicant succeeds in the application; or, the judge may […]
Suits brought into an appellate court, by writ of certiorari, shall be triable at the return term of the writ.
On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court.
On the final judgment, the court may, if the applicant obtain relief, direct the jury trying the cause to assess damages, or may impanel a jury for that purpose, may order restitution of the property, or give such other judgment in the applicant’s favor as the state of the case requires. Code 1858, § 3136; […]
Upon affirmance of the judgment or decree below or recovery of a larger amount, or upon dismissal of the certiorari for want of prosecution, or for any other cause, the court shall enter judgment for the amount recovered against the principal and the sureties on the prosecution bond, with interest at the rate of six […]
