§ 25-5-104. Bill to Subject Interest
In both cases, of realty and personalty, the lien shall cease, unless a bill in equity, to subject such interest, is filed within thirty (30) days from the return of the execution unsatisfied. Code 1858, § 2986 (deriv. Acts 1832, ch. 11, § 3); Shan., 4714; mod. Code 1932, § 8049; T.C.A. (orig. ed.), § […]
§ 25-3-143. Remedy Cumulative
The remedy by motion is cumulative, and does not deprive the plaintiff of any other action or remedy allowed by law for the plaintiff’s redress. Code 1858, § 3593; Shan., § 5358; Code 1932, § 9517; T.C.A. (orig. ed.), § 25-345.
§ 25-3-144. Return and Reimbursement of Funds Wrongfully Granted Against Individual Protected by Servicemembers Civil Relief Act
If a court wrongly grants a default decision imposing an obligation for child support from or against an eligible individual protected under the federal Servicemembers Civil Relief Act (50 U.S.C. § 501 et seq.), the court shall issue an order to the individual receiving funds that the funds shall be returned and reimbursed.
§ 25-4-101. Revival After Year and Day
It is not necessary to issue a scire facias to revive a judgment or decree which has lain a year and a day without the issuance of an execution, but same or a writ of possession may be sued out, in such case, after the year and day, as if issued within that time. Code […]
§ 25-4-102. Death of Codefendant
If there are more defendants than one (1), and any of them die, leaving the codefendant surviving, the plaintiff may proceed by execution against the survivor, and/or revive by scire facias against any or all of the personal representatives of the deceased, to be issued to any county. Code 1858, § 2988; Shan., § 4716; […]
§ 25-3-133. Trial of Fact of Cosuretyship
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, […]
§ 25-3-134. Amount of Judgment
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 […]
§ 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 […]
§ 25-3-137. Times Notice Not Required
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, […]