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Tenn. Code Ann. § 29-35-101

Grounds for action

Applied in 4 court decisions — leading case Jordan v. Knox County (2007)

Most recently applied in 1 F. Supp. 3d 854 - Moncier v. Haslam (February 2014)

Code 1858, § 3409 (deriv

How often courts cite this section

20072010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

An action lies in the name of the state against the person or corporation offending, in the following cases:

(1) Whenever any person unlawfully holds or exercises any public office or franchise within this state, or any office in any corporation created by the laws of this state;

(2) Whenever any public officer has done, or suffered to be done, any act which works a forfeiture of that officer's office;

(3) When any person acts as a corporation within this state, without being authorized by law; or

(4) If, being incorporated, they: Do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation;

(5) Exercise powers not conferred by law; or

(6) Fail to exercise powers conferred by law and essential to the corporate existence.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.