§ 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 […]
§ 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 […]
§ 25-3-106. Death of Officer or Surety
In case of the death of an officer or either of the officer’s sureties, pending a motion against the officer or sureties, it may be revived against the personal representative of the deceased in the same manner as other suits are revived. Code 1858, § 3597 (deriv. Acts 1857-1858, ch. 39, § 1); Shan., § […]
§ 25-3-107. Execution as Evidence
On the trial of the motion, a copy of the execution made and certified by the clerk, with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with the clerk’s certificate that the execution was received by the sheriff, or sent to the […]