§ 25-3-135. Parties to Motions for Summary Judgment in General
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. […]
§ 25-3-136. Motion on Defective Bond
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 […]
§ 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.
§ 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 […]