§ 25-3-140. Venue of Motions
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 […]
§ 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.
§ 25-3-126. Accommodation Endorsers
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.
§ 25-3-127. Motion Against Cosurety
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 […]
§ 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.