United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 18
Chap. XVIII.—An Act to amend the laws now in force as to the issuing of original writs and final process in the circuit courts of the United States within the state of Tennessee.[1]
Act of May 8, 1792, ch. 36.
Act of March 3, 1797, ch. 27.
Act of May 19, 1828, ch. 68.
Duplicate writs may be issued, from the circuit courts where defendants reside, in East and West Tennessee, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in each and every case where a citizen of any one of the United States shall wish to commence a suit in the circuit court of the United States, for either the district of east or of west Tennessee, against two or more citizens of the state of Tennessee, some of whom reside in east and some in west Tennessee, it shall and may be lawful for such citizen to cause the clerk of the circuit court in which he may elect to commence his suit, to issue duplicate writs; one directed to the marshal of east, and the other to the marshal of west, Tennessee; which writs it shall be the duty of the respective marshals to execute and return, and when returned they shall be docketted and proceeded in to judgment as one case only.
Where judgment has been recovered in either circuit court, the plaintiff may issue his execution, and the marshal of either East or West Tennessee must do the execution thereof, &c.Sec. 2. And be it further enacted, That in each and every case where a judgment has been recovered, or may be hereafter recovered, in either of said circuit courts, it shall and may be lawful for the plaintiff in any such action, to cause his writ of fieri facias, alias fieri facias, or other process of execution, to be directed and delivered to the marshal or either east or west Tennessee, at his election; and it shall be the duty of such marshal to whom the same may be directed, to do execution thereof, in the same manner, and under the same penalties, that he would be if the judgment had been rendered in the court of the district of which he is marshal.
Approved, March 30, 1822.
- ↑ See notes to the act of September 29, 1789, ch. 21, vol. i. 93, for the decisions of the courts of the United States in relation to process.