Tennessee Code Annotated
Tenn. Code Ann. § 27-5-107 (2026)
Affirmance
✓ current as of May 2026
If the papers are properly returned, and the appellant fails to appear or defend as above, or if the appeal is dismissed for any cause, the appellee is entitled to an affirmance of the judgment below, with costs.
Code 1858, § 3145; Shan., § 4876; mod. Code 1932, § 9025; T.C.A. (orig. ed.), § 27-508.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1988–2021 · leading case: Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011).
Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011). “1050 , 1051 (1907) (citing Shannon’s Code § 4876 (later codified as Tenn.Code Ann. § 27-5-107)) (discussing a defendant’s dismissal of its appeal from the judgment of a justice of the peace); cf.”
Katz v. Bilsky, 759 S.W.2d 420 (Tenn. Ct. App. 1988). “The Bilskys assert that, since the Katzes dismissed their suit in circuit court, they are entitled to an affirmance of the general sessions judgment pursuant to T.C.A. § 27-5-107. This statute provides: Affirmance.”
McGee v. Jacobs, 236 S.W.3d 162 (Tenn. Ct. App. 2007). “1050 (1906)); Tennessee Code Annotated § 27-5-107. 2 In the present case, Mr. McGee contends that recommencing his action in general sessions court within one year of the voluntary nonsuit in circuit court is permissible under the savings statute despite a prior entry of final…”
Sheila Brown v. Rico Roland, 357 S.W.3d 614 (Tenn. 2012). “We affirmed the Court of Appeals' judgment upholding the trial court’s decision that Tenn.Code Ann. § 27-5-107 (2000) required that the plaintiff's amended complaint be dismissed and the judgment of the general sessions court be affirmed.”
State of Tennessee v. Burita A. Winebarger, 70 S.W.3d 99 (Tenn. Crim. App. 2001). “Tennessee Code Annotated section 27-5-107 states as follows: 27-5-107.”
Steve Frost Agency v. Spurlock, 859 S.W.2d 337 (Tenn. Ct. App. 1993). “T.C.A. § 27-5-107 provides: Affirmance. — If the papers are properly returned, and the appellant fails to appear or defend as above, or if the appeal is dismissed for any cause, the appellee is entitled to an affirmance of the judgment below, with costs.”
Ken Smith Auto Parts v. Michael F. Thomas (Tenn. 2020). “” Tenn. Code Ann. § 27-5-107 (2017). Thus, while section 27-5-106 differentiates between appellants who are the original plaintiff or the original defendant, section 27-5-107 does not.”
Chimneyhill Condo. Ass'n v. King Chow (Tenn. Ct. App. 2021). “1907) (citing Shannon’s Code § 4876 (later codified as Tenn. Code Ann. § 27-5-107 )) (discussing a defendant’s dismissal of its appeal from the judgment of a justice of the peace)); Gill v.”
Greg Layman v. Aaron Acor (Tenn. Ct. App. 2016). “1050 , 1051 (1907) (citing Shannon’s Code § 4876 (later codified as Tenn. Code Ann. § 27-5-107 )) (discussing a defendant’s dismissal of its appeal from the judgment of a justice of the peace); cf.”
Julia Browning v. Mark D. Browning (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 27-5-107 (emphasis added).”
Krystal Dawn (Walton) Cantrell v. Patricia Tolley (Tenn. Ct. App. 2011). “Tenn. Code Ann. § 27-5-107 (emphasis added).”
James Crowley v. Wendy Thomas (Tenn. Ct. App. 2010). “Section 4876 of Shannon’s Code was later codified at Tenn. Code Ann. § 27-5-107 , and remains in effect today.”
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