Maxims of Jurisdiction: [Gibson's Suits In Chancery, 5th Ed., p. 50.]
1. Equity acts upon the person, (forcing him to do what conscience requires).
2. Equity will not suffer a wrong without a remedy.
3. Equity acts specifically, and not by way of compensation.
4. When parties are disabled to act the Chancery Court will act for them.
5. When Chancery has jurisdiction for one purpose, it will take jurisdiction for all purposes.
6. The Chancery Court never loses its jurisdiction by implication.
7. Equity delights to do complete justice, and not by halves.
8. He who seeks equity must do equity.
9. Courts of equity will not tolerate any interference with their officers, process or decrees, by
the court of law.
Maxims of Adjudication: "The Twelve Tables of Equity" [Gibson's Suits In Chancery, 5th Ed., p. 62.]
1. Equity acts upon the person, (forcing him to do what conscience requires).
2. Equity will not suffer a wrong without a remedy.
3. Equity imputes an intention to fulfill an obligation.
4. Equity acts specifically, and not by way of compensation.
5. Equity regards that as done which ought to be done.
6. Equity requires him who seeks equity to do equity.
7. Equity regards the beneficiary as the real owner.
8. Equity delights to do complete justice, and not by halves.
9. Equity acts for those disabled to act for themselves.
10. Equity looks to the intent rather than to the form.
11. Equity delights in equality.
12. Equity requires diligence, clean hands and good faith.
MATTER CHANCERY CIRCUIT ______________________________________________________________________________ General Jurisdiction (Law) º16-11-102 º16-10-101 Concurrent* *Except for (i) unliquidated damages for injuries to person or character, or unliquidated damages for injuries to property not resulting from a breach of contract. Where objection is taken by plea to jurisdiction for these exceptions, Chancery Court must transfer to Circuit Court. Where objection is not taken by plea to jurisdiction, Chancery Court may (i) transfer to Circuit Court or (ii) hear upon the principles of a court of law. N.B.: When a court of chancery takes jurisdiction of a case under its inherent jurisdiction it may decide all issues involved in the matter in order to prevent a multiplicity of actions. A. Industrial Dev. Bd. v. Hancock, 901 S.W.2D 382 (Tenn. Ct. App. 1995). ______________________________________________________________________________ Crimes & Misdemeanors X º16-10-102 Exclusive ______________________________________________________________________________ Will Contest º32-4-109 º16-10-103 Concurrent ______________________________________________________________________________ Restoration of Citizenship to Persons X º16-10-104 Rendered Infamous Exclusive ______________________________________________________________________________ Arbitration Awards º16-11-112 º16-10-105 Concurrent ______________________________________________________________________________ Debts & Demands on Contract º16-11-102* º16-10-106* *Concurrent with General Sessions Court, but not less than $50. See also º16-16-112. ______________________________________________________________________________ Name Change-Legitimation º16-10-107 º16-10-107 Concurrent Concurrent ______________________________________________________________________________ Divorce-Adoption º16-11-110 º16-10-108 Concurrent Concurrent ______________________________________________________________________________ Partition & Sale of Property º16-11-111 º16-10-109 º29-27-106 Concurrent ______________________________________________________________________________ Appointment & Removal of Trustees º35-1-101* Exclusive *Chancery and other courts having probate jurisdiction which could include Circuit in some jurisdictions. ______________________________________________________________________________ Abatement of Nuisances º16-11-101 º16-10-110 º16-11-103 Concurrent ______________________________________________________________________________ Equity Powers º16-11-101* º16-10-111* º16-11-103 *Where objection is made by plea to equitable jurisdiction, matter must be transferred to Chancery Court. Where objection is not taken by plea to equitable jurisdiction, Circuit Court may (i) transfer matter to Chancery Court or (ii) hear upon the principles of a court of equity. ______________________________________________________________________________ Appellate X º16-10-112 ______________________________________________________________________________ Proceedings in Aid of Execution º16-11-104 X Exclusive ______________________________________________________________________________ Probate º16-16-201 X Exclusive ______________________________________________________________________________ Applications for Homestead º30-2-202* º30-2-202* *Concurrent with Probate Court. ______________________________________________________________________________ To Set Aside Fraudulent Conveyances º29-12-101* *The statute does not refer to jurisdiction, but there are cases supporting that such jurisdiction is conferred upon Chancery Courts and not Circuit Courts. ______________________________________________________________________________ Election Contests º2-17-101* º2-17-101* *Chancery has jurisdiction "except as otherwise expressly provided in [Title 2, Chapter 17]" Thus, Circuit Court has jurisdiction over contests for: offices of general assembly members [T.C.A. 2-17-102]; presidential and vice-presidential electors [T.C.A. 2-17-103]; primary elections [T.C.A. 2-17-104]. Jurisdiction for gubernatorial elections is granted to the general assembly [T.C.A. 2-18-101]. ______________________________________________________________________________ Condemnation & Reverse Condemnation º29-16-123* *The statute does not refer to jurisdiction, but there are cases supporting that such jurisdiction is conferred upon Circuit Courts and not Chancery Courts. ______________________________________________________________________________ Governmental Tort Liability Act X º29-20-307 Exclusive* *However, to its jurisdictional monitary limit, General Sessions has concurrent jurisdiction in counties with more than 600,000 population. ______________________________________________________________________________ Worker's Compensation Actions & º50-6-225* º50-6-225* Settlements º50-6-206* º50-6-206* *Can be heard in Criminal Court as well. Concurrent Concurrent _____________________________________________________________________________ Review of Tennessee Human Rights º4-21-307 º4-21-307 Commission Orders Concurrent Concurrent ______________________________________________________________________________ Review Orders to Correct Defects in º68-221-106 X Water Supply or Sewage System Exclusive ______________________________________________________________________________ Corporate Dissolution º48-24-301 º48-24-301 Concurrent Concurrent ______________________________________________________________________________ Judicial Appraisal of Dissenter's º48-23-301 º16-10-111 Shares in Corporation Concurrent* *While it may be argued Circuit Court may have concurrent jurisdiction pursuant to this statute, bear in mind that where objection is made by plea to equitable jurisdiction, matter must be transferred to Chancery Court. Where objection is not taken by plea to equitable jurisdiction, Circuit Court may (i) transfer matter to Chancery Court or (ii) hear upon the principles of a court of equity. ______________________________________________________________________________ Suits by State Against Corporations º16-11-105 X(1) (1)Does jurisdiction exist for Circuit Court through T.C.A. º16-10-111, whereby Circuit Court has power to perform functions of Chancery Court in "any suit of an equitable nature"? As this matter historically is not "of an equitable nature", argument can be made that Circuit Court has no concurrent jurisdiction in this matter. But see Burks v. Gobble, 21 TAM 36-17 (Tenn. App., M.S., Todd, 1996.) wherein court held that if there is no objection, circuit court has jurisdiction in boundary disputes. Logic of allowing agreed jurisdiction in º16-11-106 may apply here as well. ______________________________________________________________________________ Boundary Disputes º16-11-106 X(1) (1)Does jurisdiction exist for Circuit Court through T.C.A. º16-10-111, whereby Circuit Court has power to perform functions of Chancery Court in "any suit of an equitable nature"? As this matter historically is not "of an equitable nature", argument can be made that Circuit Court has no concurrent jurisdiction in this matter. But see Burks v. Gobble, 21 TAM 36-17 (Tenn. App., M.S., Todd, 1996.) wherein court held that if there is no objection, circuit court has jurisdiction here as well. Logic of allowing agreed jurisdiction in º16-11-106 may apply here as well. [NB: Under this statute Plaintiff has only to prove Plaintiff is the true owner of Blackacre. If however, Plaintiff proceeds in ejectment, Plaintiff must show a complete deraignment of title from the state or a common source of title. ______________________________________________________________________________ Suits on Foreign Judgments º16-11-107 X(1) (1)Does jurisdiction exist for Circuit Court through T.C.A. º16-10-111, whereby Circuit Court has power to perform functions of Chancery Court in "any suit of an equitable nature"? As this matter historically is not "of an equitable nature", argument can be made that Circuit Court has no concurrent jurisdiction in this matter. But see Burks v. Gobble, 21 TAM 36-17 (Tenn. App., M.S., Todd, 1996.) wherein court held that if there is no objection, circuit court has jurisdiction in boundary disputes. Logic of allowing agreed jurisdiction in º16-11-106 may apply here as well. __________________________________________________________________________ Persons of Unsound Minds º16-11-108 X(1) (1)Does jurisdiction exist for Circuit Court through T.C.A. º16-10-111, whereby Circuit Court has power to perform functions of Chancery Court in "any suit of an equitable nature"? As this matter historically is not "of an equitable nature", argument can be made that Circuit Court has no concurrent jurisdiction in this matter. But see Burks v. Gobble, 21 TAM 36-17 (Tenn. App., M.S., Todd, 1996.) wherein court held that if there is no objection, circuit court has jurisdiction in boundary disputes. Logic of allowing agreed jurisdiction in º16-11-106 may apply here as well. ______________________________________________________________________________ Infants and Guardians º16-11-109 X(1) (1)Does jurisdiction exist for Circuit Court through T.C.A. º16-10-111, whereby Circuit Court has power to perform functions of Chancery Court in "any suit of an equitable nature"? As this matter historically is not "of an equitable nature", argument can be made that Circuit Court has no concurrent jurisdiction in this matter. But see Burks v. Gobble, 21 TAM 36-17 (Tenn. App., M.S., Todd, 1996.) wherein court held that if there is no objection, circuit court has jurisdiction in boundary disputes. Logic of allowing agreed jurisdiction in º16-11-106 may apply here as well. ______________________________________________________________________________ Appointment of Administrator of º16-11-113 X(1) Decedent's Estate º30-1-301 (1)Does jurisdiction exist for Circuit Court through T.C.A. º16-10-111, whereby Circuit Court has power to perform functions of Chancery Court in "any suit of an equitable nature"? As this matter historically is not "of an equitable nature", argument can be made that Circuit Court has no concurrent jurisdiction in this matter. But see Burks v. Gobble, 21 TAM 36-17 (Tenn. App., M.S., Todd, 1996.) wherein court held that if there is no objection, circuit court has jurisdiction in boundary disputes. Logic of allowing agreed jurisdiction in º16-11-106 may apply here as well. ______________________________________________________________________________ ITEMS CURRENTLY BEING RESEARCHED: ______________________________________________________________________________ Zoning Appeals ______________________________________________________________________________ Administrative Procedures Appeals º4-5-322 º4-5-316 ______________________________________________________________________________ Beer Board Appeals ______________________________________________________________________________ Credit Union Board of Appeals Review º45-4-1113 º45-4-1113 ______________________________________________________________________________ City of Chattanooga Employee Pension Board Appeals ______________________________________________________________________________ Review of Apportionment by º5-1-111 County Legislative Bodies ______________________________________________________________________________ Cosmetologists: Injunctions of Violations º62-4-129 º62-4-129 Concurrent Concurrent ______________________________________________________________________________ Enjoin Debt Adjusters º39-14-142 º39-14-142 Concurrent Concurrent ______________________________________________________________________________ Preferences in Rehabilitation and º56-9-317* Liquidation of Insurance Companies *Chancery Court of Davidson County? ______________________________________________________________________________
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