Tennessee Code Annotated
Tenn. Code Ann. § 5-1-105 (2026)
Suits against counties
✓ current as of May 2026
Suits may be maintained against a county for any just claim, as against other corporations.
Code 1858, § 403 (deriv. Acts 1857-1858, ch. 15, §§ 1, 2); Shan., § 494; Code 1932, § 740; Acts 1972, ch. 565, § 2; T.C.A. (orig. ed.), § 5-105.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1982–2021 · leading case: Lane v. Lincoln Cnty. Hosp., 537 F. Supp. 114 (E.D. Tenn. 1982).
Lane v. Lincoln Cnty. Hosp., 537 F. Supp. 114 (E.D. Tenn. 1982). “T.C.A. § 5-1-105. *116 Its powers, duties and liabilities are prescribed by statutes of the state of Tennessee.”
Bill Travis v. Trs. of Lakewood Park v. Coffee Cnty., Tennessee (Tenn. Ct. App. 2010). “” T.C.A. § 5-1-105 (2005). As early as 1874, our Supreme Court held that counties were formed as corporations “to facilitate the execution of the powers delegated to [them] as .”
HLFIP Holding, Inc. v. Rutherford Cnty., Tennessee (M.D. Tenn. 2021). “Tenn. Code Ann. § 5-1-105 (“Suits may be maintained against a county for any just claim, as against other corporations.”
Bates v. Hardeman Cnty. Gov't (W.D. Tenn. 2021). “Tenn. Code Ann. § 5-1-105 . This Circuit has held, however, that suits against departments within county governments are suits against the counties themselves and that such departments are not suable entities.”
McCord v. Hardeman Cnty. Gov't (W.D. Tenn. 2020). “Tenn. Code Ann. § 5-1-105 . This Circuit has held that suits against departments of counties are suits against the counties themselves and that such departments are not suable entities.”
Music v. Qualls (M.D. Tenn. 2020). “§ 5-1-105 (“Suits may be maintained against a county for any just claim, as against other corporations.”
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