The general sessions judge before whom the complaint is made, or the one before whom the cause is to be tried, may issue subpoenas for witnesses into any county of the state. Code 1858, § 3356; impl. am. Acts 1879, ch. 23, § 1; Shan., § 5105; Code 1932, § 9259; impl. am. Acts 1979, […]
The general sessions judge is entitled to one dollar ($1.00) per day for trying cases of forcible entry and detainer, forcible detainer, or unlawful detainer. The officer is entitled to two dollars and fifty cents ($2.50) for each defendant named in the original process, and one dollar ($1.00) for each witness summoned. Each witness shall […]
Any person, granting a lease of lands, tenements, and hereditaments, may incorporate or take from the tenant a bond covenanting to deliver possession of the rented premises on the day specified therein as the end of the term of the lease, and further authorizing the party from whom the premises are rented, or any other […]
The judgment for the plaintiff should be endorsed on the warrant or annexed thereto, substantially to the following effect: A B Judgment for the plaintiff, that plaintiff be restored to possession of the v. land described in the within warrant, and that a writ of possession C D or restitution issue therefor, and also for […]
In all cases of forcible entry and detainer, forcible detainer, and unlawful detainer, the judge of the court of general sessions trying the cause shall be authorized and it shall be the judge’s duty to ascertain the arrearage of rent, interest, and damages, if any, and render judgment therefor if the judge’s judgment shall be […]
No execution or writ of possession shall issue against the defendant upon any judgment, under this chapter, until after the lapse of ten (10) days from the rendition of the judgment. Code 1858, § 3361 (deriv. Acts 1841-1842, ch. 186, §§ 4, 6; 1849-1850, ch. 131, § 3); Shan., § 5109; Code 1932, § 9264; […]
The execution for costs shall issue in the usual form, and the writ of possession may be as follows: State of Tennessee, To the sheriff or any constable of such county: County. Whereas, at a trial of forcible and unlawful detainer had in such county on the day of , 20 , before E F, […]
An appeal will also lie in suits commenced before general sessions judges, under this chapter, within the ten (10) days allowed by § 27-5-108, as in other cases, the appellant, if the defendant, giving bond as in the case of a certiorari. Code 1858, § 3360 (deriv. Acts 1849-1850, ch. 74, § 1); Shan., § […]
The proceedings in such actions may, within thirty (30) days after the rendition of judgment, be removed to the circuit court by writs of certiorari and supersedeas, which it shall be the duty of the judge to grant, upon petition, if merits are sufficiently set forth, and to require from the applicant a bond, with […]
When judgment is rendered in favor of the plaintiff, in any action of forcible entry and detainer, forcible detainer, or unlawful detainer, brought before a judge of the court of general sessions, and a writ of possession is awarded, the same shall be executed and the plaintiff restored to the possession immediately. If the defendant […]
If the defendant obtain certiorari, and, upon trial in the circuit court, the jury find that the plaintiff is entitled to the possession of the land, the jury shall also ascertain the value of the rents during the time the plaintiff has been kept out of possession, and such other damages as the plaintiff is […]
A person, once dispossessed by action, who again illegally possesses the premises, commits a Class C misdemeanor. The only evidence, required or admitted on the trial of the criminal charge, is that the defendant was turned out of possession by action brought for the purpose, and that the defendant has again taken possession of the […]
The judgment in a case of forcible entry and detainer shall be no bar to an action against the defendant for trespass. Code 1858, § 3372 (deriv. Acts 1821, ch. 14, § 19); Shan., § 5122; Code 1932, § 9277; T.C.A. (orig. ed.), § 23-1636.
