§ 27-7-102 — Errors reached by writ

The relief embraced in this chapter is confined to errors of fact occurring in proceedings of which the person seeking relief has had no notice, or which such person was prevented by disability from showing or correcting, or where a defense was prevented by surprise, accident, mistake, or fraud, without fault on such person's part. Thus, infancy at the rendition of the judgment, not appearing on the record sought to be corrected, or a real defense to an action by motion, of which the party aggrieved had no notice, and so of like cases, are good grounds for relief under this writ.

Legislative History

Code 1858, §§ 3116, 3117; Shan., §§ 4844, 4845; Code 1932, §§ 8977, 8978; T.C.A. (orig. ed.), § 27-702.