21-1-204 - Service by publication. - Tennessee Statutes

21-1-204. Service by publication.

(a)  In case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made, shall enter upon the rule docket an order requiring the defendant to appear at a certain day named in the order, being a rule day, and defend, or otherwise the bill will be taken for confessed.

(b)  The clerk shall forthwith cause a copy of this order to be published for four (4) consecutive weeks in the newspaper mentioned in the order or designated by the general rules of the court.

(c)  The order for publication in lieu of personal service may be made at any time after the filing of the bill. The order of publication should contain the names of the parties, the style of the court in which the proceedings are had and the name of the place where the court is held, without any brief or abstract of facts, unless directed by the court.

(d)  When the suit is against an unknown defendant, the order of publication should describe the unknown party, as near as may be, by the character in which the unknown party is sued, and by reference to the unknown party's title or interest in the subject matter of the litigation.

(e)  Evidence of the publication in pursuance of the order may be by affidavit of the printer or actual production of the newspaper in court.

[Code 1858, §§ 4354-4359 (deriv. Acts 1801, ch. 6, § 4; 1833, ch. 15; 1845-1846, ch. 122, § 7; 1851-1852, ch. 365, § 3; 1853-1854, ch. 55, § 3; 1855-1856, ch. 164, § 2); Shan., §§ 6164-6169; Code 1932, §§ 10433-10438; T.C.A. (orig. ed.), §§ 21-213 21-217; modified.]