The death of the defendant proceeded against by attachment, without personal service, whether the death occur before or after the commencement of the action, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of final judgment or decree, to make themselves parties by petition showing merits verified by affidavit, and contest the plaintiff's demand.
Code 1858, § 3533; Shan., § 5293; Code 1932, § 9485; T.C.A. (orig. ed.), § 23-664.
Structure 2021 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 6 - Attachment and Replevy
§ 29-6-101. Grounds for Attachment
§ 29-6-103. Endorser or Surety
§ 29-6-104. Judgment Postponed Until Debt Due
§ 29-6-105. Discharge on Giving Bond
§ 29-6-107. Return of Summons Unserved
§ 29-6-108. Property of Nonresidents
§ 29-6-109. Parties Residents of Same Foreign State
§ 29-6-110. Jurisdiction of Courts
§ 29-6-111. Attachment by Chancery on Legal Debts
§ 29-6-112. Officer Granting Attachment
§ 29-6-113. Plaintiff's Affidavit
§ 29-6-114. Alternative Statement of Grounds
§ 29-6-118. Filing of Affidavit and Bond
§ 29-6-119. Pleadings on Debt Not Due
§ 29-6-122. Return of Affidavit and Bond
§ 29-6-123. Abatement for Want of Affidavit or Bond
§ 29-6-124. Correction of Defects
§ 29-6-126. Summons on Original Attachment
§ 29-6-127. Return of Ancillary Attachment
§ 29-6-128. Amount of Property Attached
§ 29-6-129. Territorial Application of Process
§ 29-6-131. Execution by Constables
§ 29-6-132. Property Subject to Levy
§ 29-6-133. Personal Property Preferred
§ 29-6-135. Transfer After Attachment
§ 29-6-136. Actions After Attachment of Debt or Effects
§ 29-6-137. Postponement of Judgment if Debt Attached Before Due
§ 29-6-138. Collection of Choses by Officer
§ 29-6-139. Money Received on Attachment
§ 29-6-140. Appointment of Receiver
§ 29-6-141. Perishable Property
§ 29-6-142. Order of Publication
§ 29-6-143. Entry of Publication Order in Record
§ 29-6-144. Publication of Notice of Levy
§ 29-6-145. Contents of Notice
§ 29-6-147. Attachment in Lieu of Personal Service
§ 29-6-148. Appearance of Defendant
§ 29-6-149. Right to Replevy — Amount of Bond
§ 29-6-150. Replevy Before Return or Sale
§ 29-6-151. Replevy After Return
§ 29-6-152. Defective Replevy Bonds
§ 29-6-153. Filing of Replevy Bond
§ 29-6-154. Judgment Against Defendant and Sureties
§ 29-6-155. Judgment on Replevy Bond
§ 29-6-156. Loss of Replevied Property
§ 29-6-157. Application of Property to Judgment
§ 29-6-158. Land Subjected to Judgment of General Sessions Court
§ 29-6-159. Execution for Unsatisfied Balance
§ 29-6-161. Nonresident Setting Aside Default Judgment
§ 29-6-162. Action on Attachment Bond
§ 29-6-163. Persons Under Disability