If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those forms.
Code 1858, § 3383 (deriv. Acts 1845-1846, ch. 65, § 12); Shan., § 5137; Code 1932, § 9292; Acts 1973, ch. 365, § 12(c); T.C.A. (orig. ed.), § 23-2310.
Structure 2021 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 30 - Recovery of Personal Property
§ 29-30-203. Procedure After Personal Service but Failure to Get Property
§ 29-30-204. Publication on Nonresident
§ 29-30-205. Clerk's Liability for Insufficient Bond
§ 29-30-206. Trial Without Personal Service
§ 29-30-208. Judgment for Defendant
§ 29-30-209. Failure to Return Goods Under Alternative Judgment for Defendant
§ 29-30-210. Exemplary Damages
§ 29-30-213. Execution of General Sessions Judge's Writ
§ 29-30-214. General Sessions Court Judgment for Defendant