Tennessee Code Annotated

Tenn. Code Ann. § 27-8-116 (2026)

Determination on motion to quash or dismiss

✓ current as of May 2026

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On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court.

Acts 1903, ch. 115, § 2; Shan., § 4866a2; Code 1932, § 9003; T.C.A. (orig. ed.), § 27-816.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: Chris Yousif, d/b/a Quality Motors v. Notrial Clark & The Circuit Court of Knox Cnty., 317 S.W.3d 240 (Tenn. Ct. App. 2010).

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Chris Yousif, d/b/a Quality Motors v. Notrial Clark & The Circuit Court of Knox Cnty., 317 S.W.3d 240 (Tenn. Ct. App. 2010). · cites it 4× “However, Tenn. Code Ann. § 27-8-116 provides the following exception to the rule: “On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the 3 facts alleged in the petition as ground for not appealing, which…”

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