§ 25-3-121. Striking Attorney From Rolls
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 […]
§ 25-3-122. Motion by Surety
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, […]
§ 25-3-108. Evidence of Receipt of Execution by Officer
If a clerk certifies, in accordance with § 25-3-107, that the execution was sent to an officer by mail, it is prima facie evidence that the writ was received by the officer unless the officer states, under written oath, that the writ was never received. In such case, the officer shall have notice of the […]
§ 25-3-109. Proof of Return From Another County
It shall be a good defense to a motion against an officer residing in any county other than that from which an execution issued, for the officer to show by proof that in due time the process was placed in regular mail, at the courthouse of the county to which the execution was directed, with […]
§ 25-3-110. Inability to Return as Defense
The inability to make the prescribed return of a general sessions judge’s execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the […]
§ 25-3-111. Judgment Against Clerks
Judgment may be had summarily by motion against the clerk of any court in this state, in the following cases: For failing to pay over to the party entitled, on demand, money received by the clerk on any judgment or execution, or paid into court upon a plea of tender or any other plea, or […]
§ 25-3-112. Judgment Against Special Commissioner
A special commissioner appointed by the court to sell property or to receive and collect funds, is, in all cases, liable on motion, in the same way and to the same extent as the clerks of the courts. Code 1858, § 3610 (deriv. Acts 1851-1852, ch. 166, § 5); Shan., § 5375; Code 1932, § […]
§ 25-3-103. Motion for Costs
Such officers are also liable to judgment by motion in favor of clerks, other executive officers, and witnesses, for the amounts, with interest, respectively due them in the bill of costs endorsed on an execution, in the same cases in which the plaintiff or the defendant in the execution might recover judgment by motion for […]
§ 25-3-104. Collections on Causes Cognizable Before General Sessions Judge
Sheriffs, coroners, and constables are liable to judgment by motion before a judge of the court of general sessions, in favor of the party interested, for any money collected or received by them upon any debt or demand cognizable before a judge of the court of general sessions, and put into their hands for collection, […]
§ 25-3-105. Penalty for Failure to Return Process
Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court […]