29-6-106 - Tort actions. - Tennessee Statutes

29-6-106. Tort actions.

(a)  In all actions for torts, brought in any court having jurisdiction thereof, where the defendant is a nonresident of this state, or falls within any of the provisions of § 29-6-101 authorizing attachment to issue, it shall be lawful for the plaintiff to commence such suit by attachment in the same manner as suits are commenced upon contracts by existing laws.

(b)  The plaintiff or plaintiff's agent or attorney shall first make affidavit before the judge or clerk issuing the attachment that the damages sued for are justly due the plaintiff, as affiant believes, but that the true amount of such damages are not ascertained, and that one (1) or more of the causes exist for the issuance of the attachment.

(c)  The plaintiff, plaintiff's agent or attorney, shall give bond with one or more approved securities in double the supposed amount of the damages claimed, unless otherwise fixed, payable to defendant, and conditioned as now provided by law in attachment cases.

(d)  It is the duty of the judge or clerk, before whom the affidavit is made and bond given, to issue the attachment, returnable as in other attachment cases upon contracts.

[Acts 1865-1866, ch. 22, §§ 1, 2; Shan., §§ 5211a1, 5211a2; mod. Code 1932, §§ 9397, 9398; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-606.]