§ 25-3-141. Concurrent Jurisdiction of Circuit Court
The circuit court has concurrent jurisdiction of all motions cognizable before a judge of the court of general sessions. Code 1858, § 3591; Shan., § 5356; Code 1932, § 9515; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-343.
§ 25-3-142. Amount of Recovery
Whenever damages on a motion are given, in the absence of any specific amount mentioned, the plaintiff will be entitled to recover twelve and one-half percent (12½%) on the whole amount, principal and interest, due at the time of the rendition of the judgment. Code 1858, § 3592 (deriv. Acts 1835-1836, ch. 19, § 6); […]
§ 25-3-128. Personal Representatives
The remedies given by §§ 25-3-122 — 25-3-134 lie both for and against the personal representatives of deceased persons. Where a judgment by motion is rendered against an executor or administrator without notice, founded on a demand against the deceased, on scire facias to make the defendant liable out of the defendant’s own estate, the […]
§ 25-3-129. Jurisdiction of Motions
Motions under §§ 25-3-122 — 25-3-134 may be made in any court, having cognizance of the amount. They may also, in all cases, be made in the court by which the judgment was rendered against such surety, stayor, or accommodation endorser. Code 1858, §§ 3632, 3633 (deriv. Acts 1849-1850, ch. 38, §§ 1-3; 1853-1854, ch. […]
§ 25-3-130. Jurisdiction of Special Courts
The special criminal and other courts have the power to render judgments by motion in favor of sureties, as against principals, or in favor of cosureties, as against each other, upon any judgment rendered in such courts, upon the same terms and conditions as regards notice to the party sought to be made liable, that […]
§ 25-3-131. Production of Records
On the trial of any of the motions provided for in §§ 25-3-122 — 25-3-134, the plaintiff shall produce the instrument creating the suretyship, or a certified copy thereof, and a copy of the record showing the recovery of judgment. Code 1858, § 3631 (deriv. Acts 1849-1850, ch. 153, § 1); Shan., § 5396; Code […]
§ 25-3-132. Trial of Fact of Suretyship
If the fact of suretyship does not appear upon the face of the proceedings on which judgment has been had or payment made, or of the instrument on which the motion under §§ 25-3-122 — 25-3-134 is founded, a jury shall be immediately impaneled to try the fact. Code 1858, § 3623 (deriv. Acts 1809 […]
§ 25-3-123. Joint or Several Motion
Such motion may be joint or several, at the option of the sureties. Code 1858, § 3621; Shan., § 5386; Code 1932, § 9545; T.C.A. (orig. ed.), § 25-324.
§ 25-3-124. Surety on Confessed Judgment
Sections 25-3-122 — 25-3-134 extend to all cases where the suretyship is upon any acknowledgment or confession of judgment in any court. Code 1858, § 3635; Shan., § 5401; Code 1932, § 9560; T.C.A. (orig. ed.), § 25-325.
§ 25-3-125. Stayors
Stayors may move against their principals and costayors in the same way, and subject to the same rules and regulations, as sureties. Code 1858, § 3629 (deriv. Acts 1845-1846, ch. 216, § 1; 1849-1850, ch. 38, § 3); Shan., § 5394; Code 1932, § 9553; T.C.A. (orig. ed.), § 25-326.