Tennessee § 16-15-803 - Issuance after destruction of records.

§ 16-15-803. Issuance after destruction of records.

When the docket book and original papers belonging to the general sessions court are destroyed, and the judge makes oath to that effect, it shall be lawful for the judge, or the judge's successor in office, upon the plaintiff, the plaintiff's agent, attorney, or returning officer filing with the judge an affidavit setting forth the name of the plaintiff or plaintiffs, defendant or defendants, the date and amount of judgment as near as may be, and that the judgment has not been paid, to issue execution as though the original papers and docket book had not been destroyed; and it shall be as good and valid, and have the same force and effect, as other executions issued by general sessions courts. Acts 1859-1860, ch. 54, § 1; Shan., § 4800; Code 1932, § 8931; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-604; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-103 . Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 32; 18 Tenn. Juris., Lost Instruments and Records, §§ 13, 14. Cited: Fleming v. Kemp, 27 Tenn. App. 150, 178 S.W.2d 397, 1943 Tenn. App. LEXIS 137 (Tenn. Ct. App. 1943).