No civil case, originating in a general sessions court and carried to a higher court, shall be dismissed by such court for any informality whatever, but shall be tried on its merits; and the court shall allow all amendments in the form of action, the parties thereto, or the statement of the cause of action, necessary to reach the merits, upon such terms as may be deemed just and proper. The trial shall be de novo, including damages.
Code 1858, § 4177 (deriv. Acts 1851-1852, ch. 100, § 2); Shan., § 5989; mod. Code 1932, § 10190; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-425; Acts 1993, ch. 241, § 46; T.C.A., § 19-1-118; Acts 1995, ch. 418, § 1.
Notes of Decisions
Ware v. Meharry Med. Coll., 898 S.W.2d 181 (Tenn. 1995).
· cites it 10× “Accordingly, Tenn.Code Ann. § 16-15-729 (Supp.1993) provides that circuit courts should not dismiss cases originating in general sessions courts because of “any informality whatever.”
McGee v. Jacobs, 236 S.W.3d 162 (Tenn. Ct. App. 2007).
· cites it 13× “Analysis This lawsuit requires us to determine whether, under Tennessee Code Annotated § 28-1-105, an action initially adjudicated by the general session court, appealed to the circuit court for de novo review pursuant to Tennessee Code Annotated § 16-15-729, voluntarily…”
B & G Constr., Inc. v. Polk, 37 S.W.3d 462 (Tenn. Ct. App. 2000).
· cites it 6× “[Cjases appealed from the general sessions court to the circuit court pursuant to Tenn.Code Ann. § 16-15-729 should be treated for all purposes as if they originated in the circuit court.”
Sheila Brown v. Rico Roland, 357 S.W.3d 614 (Tenn. 2012).
· cites it 2× “Tenn.Code Ann. § 16-15-729 (2009). Accordingly, for proceedings originating in general sessions courts, “[t]he circuit courts have thus permitted amendments that add new parties, that add new causes of action, that add a new counterclaim, cross-claim, or third-party claim, or…”
Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011).
“§ 16-15-729 (2009). Ms. Thomas, however, could dismiss the appeal without the consent and over the objection of Mr.”
Best Signs, Inc. v. Bobby King, 358 S.W.3d 226 (Tenn. Ct. App. 2009).
· cites it 2× “Best Signs appeals and raises one issue for review as stated in its brief: Whether the trial court erred in its determination as to the rightful owner of the 1997 International truck and crane at issue.”
Patrick McGee v. Tommy Jacobs, Jacobs, Cohen & McCormick, PLLC CPAS (Tenn. Ct. App. 2007).
· cites it 11× “Analysis This lawsuit requires us to determine whether, under Tennessee Code Annotated § 28-1-105, an action initially adjudicated by the general session court, appealed to the circuit court for de novo review pursuant to Tennessee Code Annotated § 16-15-729, voluntarily…”
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