§ 54-14-104 — Jury of view ordered summoned to inquire of and assess damages

(a) If pro confesso is taken against the defendants or if, upon answer filed by any of the defendants, or upon a trial upon the merits by the court, no sufficient cause is shown to the court why the easement or right-of-way should not be granted to petitioners, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire of and assess the damages. (b) By consent of the parties, or unless defense is made by the defendants within the time required in chancery cases, the writ of inquiry may be issued by the clerk of the court to the sheriff to summon the jury of view.

Legislative History

Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a3; Code 1932, § 2748; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1904.