The inability to make the prescribed return of a general sessions judge's execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the officer for the officer's failure to make return as required.
Code 1858, § 3602 (deriv. Acts 1835-1836, ch. 17, § 4); Shan., § 5367; Code 1932, § 9526; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-310.
Structure 2021 Tennessee Code
Chapter 3 - Judgment by Motion
§ 25-3-101. Motion by Plaintiff Against Executive Officer
§ 25-3-102. Motion by Defendant Against Executive Officer
§ 25-3-104. Collections on Causes Cognizable Before General Sessions Judge
§ 25-3-105. Penalty for Failure to Return Process
§ 25-3-106. Death of Officer or Surety
§ 25-3-107. Execution as Evidence
§ 25-3-108. Evidence of Receipt of Execution by Officer
§ 25-3-109. Proof of Return From Another County
§ 25-3-110. Inability to Return as Defense
§ 25-3-111. Judgment Against Clerks
§ 25-3-112. Judgment Against Special Commissioner
§ 25-3-113. Judgment Against Deputy Clerk
§ 25-3-114. Judgment for Executive Officers
§ 25-3-115. Jurisdiction of Motion on Bond
§ 25-3-116. Jurisdiction of Motion Against Deputy
§ 25-3-117. Judgment Against County Trustee
§ 25-3-118. Motion Against Tax Collector
§ 25-3-119. Judgment Against Attorney
§ 25-3-120. Jurisdiction of Motions Against Attorneys
§ 25-3-121. Striking Attorney From Rolls
§ 25-3-123. Joint or Several Motion
§ 25-3-124. Surety on Confessed Judgment
§ 25-3-126. Accommodation Endorsers
§ 25-3-127. Motion Against Cosurety
§ 25-3-128. Personal Representatives
§ 25-3-129. Jurisdiction of Motions
§ 25-3-130. Jurisdiction of Special Courts
§ 25-3-131. Production of Records
§ 25-3-132. Trial of Fact of Suretyship
§ 25-3-133. Trial of Fact of Cosuretyship
§ 25-3-134. Amount of Judgment
§ 25-3-135. Parties to Motions for Summary Judgment in General
§ 25-3-136. Motion on Defective Bond
§ 25-3-137. Times Notice Not Required
§ 25-3-138. Notice to Constables
§ 25-3-139. Security for Costs
§ 25-3-141. Concurrent Jurisdiction of Circuit Court