Upon the return by proper officer of an execution issued on the judgment recovered under §§ 25-3-119 and 25-3-120, with the endorsement that the money cannot be made, or not sufficient property of the defendant to be found to make the same, it is the duty of the court to strike such delinquent from the […]
Sureties are entitled to judgment by motion against their principals: Whenever judgment has been rendered against them as such sureties; Whenever such judgment, or any part thereof, has been paid by the surety. Code 1858, § 3620 (deriv. Acts 1801, ch. 15, § 1; 1809 (Sept.), ch. 69, § 1); Shan., § 5385; Code 1932, […]
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.
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.
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.
Accommodation endorsers may move against their principals in the same way as, and subject to all the rules and regulations that govern motions by, sureties against their principals. Code 1858, § 3630 (deriv. Acts 1849-1850, ch. 38, §§ 1, 2; 1855-1856, ch. 75); Shan., § 5395; Code 1932, § 9554; T.C.A. (orig. ed.), § 25-327.
A cosurety or comaker against whom judgment has been rendered for the whole debt, or who has paid the same or more than the ratable share of such judgment, may have judgment on motion, against all of the other parties to the instrument liable to such cosurety or comaker, whether included in the original judgment […]
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 […]
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. […]
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 […]
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 […]
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 […]
In all cases of motions by sureties against cosureties, if the fact of the joint suretyship does not appear on the face of the papers or judicial proceedings on which the motion is based, the fact shall be ascertained by a jury to be immediately impaneled, if demanded in a court of record. Code 1858, […]
The recovery under §§ 25-3-122 — 25-3-133 shall include interest and costs of the original judgment, and commissions for collecting the same, if collected, and the costs of the motion, unless otherwise directed. The judgment shall be for the amount of the recovery or payment, as the case may be, with interest and costs. Code […]
A motion may be made by the party aggrieved, or the aggrieved party’s legal representatives, against the person in default, and such other persons made liable with the person in default as may be in existence at the time of the motion. Code 1858, § 3583; Shan., § 5347; Code 1932, § 9507; T.C.A. (orig. […]
Whenever by this chapter a motion is authorized against an officer, or other person acting under the orders of court, it carries with it the right to move against such person or officer and the sureties on that officer’s official bond of such officer or other person, or other bond executed in the discharge of […]
No notice of the motion is required, if made at the return term of the process in a court of record, where the cause of motion is official delinquency, or within six (6) months after the right to the motion has accrued in any other case. Code 1858, § 3585; Shan., § 5350; Code 1932, […]
Section 25-3-137 does not apply to constables, who shall be entitled to notice in all cases of motion against them for official delinquency. Code 1858, § 3586; Shan., § 5351; Code 1932, § 9510; T.C.A. (orig. ed.), § 25-339.
The plaintiff in any motion may be required to give security for the cost of suits, as in other cases. Code 1858, § 3588; Shan., § 5353; Code 1932, § 9512; T.C.A. (orig. ed.), § 25-341.
The motion shall be made, unless in cases where otherwise provided by this Code, as follows: Where the motion is against an officer for official default, it may be made in the court in which the officer was acting officially at the time, or in the court to which process was returnable, when the default […]
