27-5-106 - Judgment on default of appellant.
27-5-106. Judgment on default of appellant.
(a) If the clerk fails to return the papers within the time prescribed, but returns them during the term to which the same are returnable, and the appellant fails to appear and prosecute the appeal, if such appellant is the original defendant, the plaintiff shall have judgment final, by default, for the amount of the judgment of the court of general sessions, against the appellant for the debt and the appellant and the appellant's sureties for the cost.
(b) If the plaintiff is the appellant, and fails to appear within the term, the plaintiff's suit shall be dismissed, and judgment given against the plaintiff and the plaintiff's sureties for costs.
[Code 1858, § 3144 (deriv. Acts 1811, ch. 119, § 2); Shan., § 4875; Code 1932, § 9024; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-507; modified; Acts 1988, ch. 647, § 3.]