Private Acts: Court System — Chancery Court
The chancery courts are the traditional trial level equity courts in Tennessee. Equity law deals with matters not traditionally addressed by the common law (case law) of the law courts or the statutory law. Equity acts when a traditional law court remedy is not adequate to reach a just result.
In Tennessee, chancery courts have exclusive jurisdiction over some matters that are traditionally
considered to be equity cases, but the statutory law has given chancery courts concurrent jurisdiction
with the circuit courts over most civil cases.
Grainger County, under the provisions of §16-2-506 of Tennessee Code Annotated, is part of the 4th judicial district. The general law on chancery courts is found in title 16, chapter 11 of Tennessee Code Annotated, and title 17 applies to judges and chancellors.
The following acts form an outline of the development of equity jurisdiction in Grainger County, although they no longer have the force of law since they have either been superseded by general law, repealed, or failed to receive local ratification.
- Public Acts of 1824, Chapter 14, provided that the supreme court hold chancery court for the counties of Sullivan, Hawkins, Grainger and Claiborne.
- Public Acts of 1835-36, Chapter 4, established chancery courts in the state. The counties of Grainger, Claiborne and Campbell composed the fourth chancery district and held court at Tazewell on the fourth Mondays of February and September.
- Acts of 1837-38, Chapter 116, changed the times of holding chancery court in the state. The chancery court of Grainger County was set to the first Mondays of June and December.
- Acts of 1847-48, Chapter 97, provided that Grainger County would compose a chancery district and that the court would be held at Rutledge on the first Mondays of May and November of each year. This act was subsequently amended by Acts of 1847-48, Chapter 220, to provide that court would be held on the third Monday in June and December.
- Public Acts of 1857-58, Chapter 88, prescribed the times and places of holding chancery court in the state. The Grainger County Chancery Court was set to the third Mondays of June and December at Rutledge.
- Public Acts of 1865-66, Chapter 41, set the time for holding chancery court in Grainger County on the third Mondays of April and October.
- Public Acts of 1870, Chapter 32, divided the state into chancery districts. The first chancery district was composed of the counties of Grainger, Johnson, Carter, Washington, Sullivan, Hawkins, Greene, Hancock, Claiborne, Jefferson, Cocke, Powell and Hamblen.
- Public Acts of 1870, Chapter 47, fixed the time for holding the chancery courts of the state. The chancery court of Grainger County was set for the third Mondays of April and October.
- Acts of 1885 (Ex. Sess.), Chapter 20, divided the state into chancery division. The first chancery division was composed of the counties of Grainger, Johnson, Carter, Washington, Sullivan, Hawkins, Greene, Hancock, Claiborne, Jefferson, Cocke, Hamblen and Unicoi. The Grainger County Chancery Court was set for the third Mondays in April and October.
- Public Acts of 1891, Chapter 165, amended Acts of 1885 (Ex. Sess.), Chapter 20, by changing the times of holding the chancery court in the first chancery division. The chancery court of Grainger County was changed to the first Monday in May and November.
- Public Acts of 1893, Chapter 100, provided for the creation of a new chancery division to be composed of Sullivan, Hawkins, Hamblen, Grainger, Claiborne, and Hancock counties. The time for holding said court was set to the fourth Monday and November for Grainger County.
- Public Acts of 1895, Chapter 14, changed the time for holding chancery court in Grainger County to the second Monday in March and September.
- Public Acts of 1899, Chapter 427, divided the state into chancery divisions and set the time for holding the same. The chancery court of Grainger County was placed in the first chancery division and was held on the third Monday in May and November.
- Private Acts of 1901, Chapter 438, amended Public Acts of 1899, Chapter 427 by placing Grainger County in the second chancery division and changing the times of holding said court to the second Mondays in April and October.
- Private Acts of 1919, Chapter 342, changed the time for holding chancery court in Grainger
County to the third Mondays in February and August. - Public Acts of 1919, Chapter 100, created the thirteenth chancery division which was composed of the counties of Grainger, Blount, Cocke, Hamblen, Jefferson, Sevier and Union. The time of holding the chancery court of Grainger County was set for the third Monday in January and July.
- Public Acts of 1920, Chapter 5, created the thirteenth chancery division composed of the counties of Blount, Cocke, Grainger, Hamblen, Jefferson, Sevier and Union and fixed the time for holding chancery court to the third Monday of January and July for Grainger County.
- Public Acts of 1931 (2nd Ex. Sess.), Chapter 38, divided the state into chancery divisions. Grainger County was placed in the thirteenth chancery division in which the chancery court was set for the fourth Mondays in May and November.
- Public Acts of 1935, Chapter 148, provided that the chancery court of Grainger County be held by the judge of the second judicial circuit, times of which were held on the second Mondays of May and November.
- Public Acts of 1963, Chapter 371, created the fifteenth chancery division which was composed of the counties of Greene, Hamblen, Union and Grainger. The chancery court of Grainger County was held on the fourth Monday in May and November.
Comments
Private Acts: Court System — Chancery Court — No Comments
HTML tags allowed in your comment: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>