§ 29-6-126 — Summons on original attachment

In all suits commenced by original attachment in any court of record, or before a general sessions judge, it shall be the duty of the clerk issuing the attachment, upon application of the plaintiff, to issue a summons also against the defendant for the same cause of action, and if the summons is executed on the defendant, or when the officer returns on the summons that the officer has levied the writ of attachment, but returns on the summons accompanying the writ of attachment that the defendant is not to be found, the plaintiff may sue out alias and pluries summons, directed to the county where the defendant resides, to have service upon the defendant; and if the summons is executed, no publication shall be made, and there shall be no stay of judgment as required by law in attachment cases where the defendant is made a party by attachment and publication only. The summons shall be in the usual form, and, in addition, shall notify the defendant that an original attachment suit has been commenced against the defendant, and shall be returned to the same court as the attachment.

Legislative History

Acts 1871, ch. 134, §§ 1, 2; 1895, ch. 68; integrated in Shan., §§ 5222, 5223; Code 1932, §§ 9409, 9410; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-626.