26-1-206 - Accelerated execution. - Tennessee Statutes

26-1-206. Accelerated execution.

(a)  After the adjournment of the court, and before the expiration of the time prescribed by §§ 26-1-202 26-1-206, the clerk shall issue execution without delay, upon affidavit made and filed in that clerk's office, that the defendant is about fraudulently to dispose of, conceal, or remove the defendant's property, to the endangering of plaintiff's debt.

(b)  Upon the rendition of judgment or decree, execution may be issued, by leave of the court, before the adjournment thereof, the plaintiff or the plaintiff's agent or attorney of the plaintiff, showing sufficient cause by affidavit.

(c)  In like manner, general sessions courts may, immediately after judgment and before the expiration of the time allowed by law for the stay of execution, issue execution on good cause shown by affidavit; and affidavit by the plaintiff, or the plaintiff's agent or attorney of the plaintiff, as prescribed in subsection (a), shall be good cause within the meaning of this subsection.

(d)  The issuance of execution under the provisions of subsections (b) and (c), shall not deprive the defendant of any right the defendant would otherwise have had.

[Code 1858, §§ 3009-3012 (deriv. Acts 1835-1836, ch. 17, § 10); Shan., §§ 4737-4740; Code 1932, §§ 8871-8874; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), §§ 26-116 26-119.]