A scire facias shall not issue on the application of any person other than the party of record, or that party’s attorney, except an administrator de bonis non, in the case of a judgment recovered by a previous executor or administrator, unless such application be in writing and signed by the applicant, to be filed […]
Judges of the courts of general sessions have power to issue scire facias in all cases before them, when it may be necessary, in the same manner and subject to the same rules as such writs issue from courts of record. Scire facias is issued by the general sessions judge having legal possession of the […]
When scire facias issues upon the application of any person other than the party of record or the party’s attorney, the clerk shall endorse on the back of the scire facias the name of the applicant, who becomes thereby liable for costs. Code 1858, § 3579 (deriv. Acts 1833, ch. 18, § 2); Shan., § […]
The clerk who fails to make such endorsement is liable for costs, in the event judgment is against the party suing out the scire facias. Code 1858, § 3580 (deriv. Acts 1833, ch. 18, § 3); Shan., § 5344; Code 1932, § 9504; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § […]
If such clerk falsely and fraudulently endorse the name of any person on a writ of scire facias by such clerk issued, under the foregoing provisions, such clerk commits a Class C misdemeanor and is liable to an action for damages at the suit of such person. Code 1858, § 3581 (deriv. Acts 1833, ch. […]
The writ of scire facias is served by reading, or offering to read, the contents of such writ to the person on whom it is to be executed. Code 1858, § 3582 (deriv. Acts 1801, ch. 12, § 2); Shan., § 5346; Code 1932, § 9506; T.C.A. (orig. ed.), § 23-2506.
When two (2) scire facias have been returned “not found” by the proper officer of the county in which the undertaking was entered into, such returns are equivalent to a personal service, and judgment may be made absolute. Code 1858, § 5179; Shan., § 7143; Code 1932, § 11692; T.C.A. (orig. ed.), § 23-2507.
All scire facias issued on conditional judgments and decrees rendered by any of the courts of this state on forfeited bonds, recognizances, subpoenas, summons, and other like obligations may be substantially in the following form, to wit: State of Tennessee, county of To the sheriff [or coroner, as the case may be] of the county: […]
If the conditional judgment be on a forfeited subpoena, or summons, to serve as jurors, or any other obligation, the scire facias shall be so changed in form from the above as to give the parties notice of the nature of the obligation on which it is rendered. It shall not be necessary to set […]
