§ 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 […]
§ 25-3-121. 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, […]
§ 25-3-113. Judgment Against Deputy Clerk
The like remedy lies against a deputy clerk in favor of the party aggrieved, as against the clerk. The clerk is entitled to recover by motion against the clerk’s deputy and sureties, in the same way the sheriffs are entitled to recover against their deputies. Code 1858, §§ 3611, 3612 (deriv. Acts 1829, ch. 41, […]
§ 25-3-114. Judgment for Executive Officers
Judgment may, in like manner, be recovered summarily, on motion, in favor of sheriffs, coroners, constables, and other executive officers: Against the obligors on bonds given to indemnify the officer for levying an execution or attachment, or for making sale of property so levied on or attached, after judgment against such officer for making such […]
§ 25-3-115. Jurisdiction of Motion on Bond
The motion on an indemnity bond may be made in any court, having jurisdiction of the amount, in the county in which the bond is given, or in which the court is held from which the process issued for the levy whereof the bond was given, or in the county of the residence of any […]