§ 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.
§ 25-3-142. Amount of Recovery
Whenever damages on a motion are given, in the absence of any specific amount mentioned, the plaintiff will be entitled to recover twelve and one-half percent (12½%) on the whole amount, principal and interest, due at the time of the rendition of the judgment. Code 1858, § 3592 (deriv. Acts 1835-1836, ch. 19, § 6); […]
§ 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 […]
§ 25-3-123. 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 […]