Inability to return as defense

The inability to make the prescribed return of a general sessions judge's execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the officer for the officer's failure to make return as required. Code 1858, § 3602 (deriv. Acts 1835-1836, ch. 17, § 4); Shan., §5367; Code 1932, § 9526; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-310. The inability to make the prescribed return of a general sessions judge's execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the officer for the officer's failure to make return as required. Code 1858, § 3602 (deriv. Acts 1835-1836, ch. 17, § 4); Shan., §5367; Code 1932, § 9526; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-310.