Tennessee Code Annotated

Tenn. Code Ann. § 29-35-109 (2026)

Officers entitled to bring suit

✓ current as of May 2026
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The suit is brought by the attorney general for the district or county, when directed so to do by the general assembly, or by the governor and attorney general of the state concurring.

Code 1858, § 3412 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5168; Code 1932, § 9339; T.C.A. (orig. ed.), § 23-2809.


Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1982–2022 · leading case: Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007).
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). · cites it 2× “Tenn.Code Ann. § 29-35-109 (2003). The statutory scheme also sets forth the procedure for filing the suit on behalf of a private individual, Tenn.”
Dossett v. City of Kingsport, 258 S.W.3d 139 (Tenn. Ct. App. 2007). · cites it 2× “See Tenn.Code Ann. § 29-35-109. The reasoning for this limitation has been explained as follows: In a sense — in a very important sense— every citizen and every taxpayer is interested in the enforcement of law, in the administration of law, and in having only qualified officers…”
State Ex Rel. DeSelm v. Knox Cnty. Comm'n, 342 S.W.3d 1 (Tenn. Ct. App. 2010). · cites it 2× “A quo warranto action is typically brought by the attorney general for the district or county as provided by Tenn. Code Ann. § 29-35-109 but under Tenn.”
State ex rel. Lockert v. Knott, 631 S.W.2d 124 (Tenn. 1982). · cites it 2× “, § 23-2809, has been renumbered as T.C.A., § 29-35-109, and provides: “Officers entitled to bring suit.”
Trigg v. Mansfield, 648 S.W.2d 946 (Tenn. Ct. App. 1982). · cites it 2× “§ 29-35-101, and to which the district attorney general is a necessary party, T.C.A. § 29-35-109; this is an action of a distinctly different character.”
State of Tennessee ex rel. Arlie \Max\" Watson v. Larry Waters" (Tenn. Ct. App. 2010). · cites it 4× “The antecedent “it” refers back to Tenn. Code Ann. §29-35-109 , which states: The suit is brought by the attorney general for the district or county, when directed so to do by the general assembly, or by the governor and attorney general of the state concurring.”
Jared Effler v. Purdue Pharma L.P. (Tenn. 2020). · cites it 2× “”); Tenn. Code Ann. § 29-35-109 (2012) (“The suit is brought by the attorney general for the district or county, when directed so to do by the general assembly, or by the governor and attorney general of the state concurring.”
David A. Avery v. Cheryl A. Blackburn (Tenn. Ct. App. 2022). · cites it 2× “The reasoning for this limitation has been explained as follows: In a sense—in a very important sense—every citizen and every taxpayer is interested in the enforcement of law, in the administration of law, and in having only qualified officers execute the law.”
State of Tennessee ex rel. Arlie \Max\" Watson v. Larry Waters" (Tenn. Ct. App. 2010). · cites it 2× “§ 29-35-110 (a) (2000) and the code section – Tenn. Code Ann. § 29-35-109 (2000) – immediately preceding Section 110.”
City of New Johnsonville v. Kevin E. Handley & Gene Plant v. Kevin E. Handley (Tenn. Ct. App. 2005). · cites it 2× “Tenn. Code Ann. § 29-35-109 (2003) (emphasis added).”
State of Tennessee ex rel., Herbert S. Moncier v. Nancy S. Jones (Tenn. Ct. App. 2013). “Stutts and Tennessee Code Annotated § 29-35-109. Defendants filed a Response to Mr.”
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