Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (12½%) damages, in cases when such officer:
- fails to make due and proper return of such execution;
- makes a false or insufficient return; or
- fails to pay over money collected on such execution.
Code 1858, § 3594 (deriv. Acts 1803, ch. 18, §§ 1, 2; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., § 5359; Code 1932, § 9518; T.C.A. (orig. ed.), § 25-301.