If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those forms.Code 1858, § 3383 (deriv. Acts 1845-1846, ch. 65, § 12); Shan., § 5137; Code 1932, § 9292; Acts 1973, ch. 365, § 12(c); T.C.A. (orig. ed.), § 23-2310.
Tennessee Legal Code