§ 26-3-113. Order of Levy After Forfeiture of Delivery Bond
Upon forfeiture of the bond, the officer holding the execution shall levy immediately upon the property of the defendants who join in the bond, to satisfy the debt and costs to the plaintiffs and double costs to the officer; and if there shall not be property enough of these defendants found to satisfy the execution, […]
§ 26-3-114. Return of Unsatisfied Execution
If unable to obtain satisfaction of the debt before the officer is bound by law to return the execution, the officer shall return the execution and bond together, with a proper endorsement of the facts, and thereupon an alias or pluries execution, as the case may be, shall issue against all parties, with endorsements showing […]
§ 26-3-115. Second Delivery Bond
No second delivery bond shall be taken after forfeiture of the first. Code 1858, § 3050 (deriv. Acts 1829, ch. 51, § 1); Shan., § 4778; Code 1932, § 8908; T.C.A. (orig. ed.), § 26-415.
§ 26-3-116. Delivery Bonds on Official Default
The provisions of §§ 26-3-109 — 26-3-115, allowing delivery bonds, do not apply to executions issued on judgments or decrees against sheriffs, coroners, or other officers of court against whom judgment is obtained for failing to pay over money collected or paid to them in an official capacity, and the clerk shall endorse on all […]
§ 26-3-117. Costs to Be Paid by Plaintiff — Recovery From Defendant
In addition to any other fees required by law for levy of execution on tangible personal property, the plaintiff in a civil proceeding who causes an execution to be issued for levy of personal property shall pay the cost incurred by the court, sheriff, or other officers for transportation of the attached property to a […]
§ 26-3-112. Defendants Refusing to Join in Delivery Bond
If there are more defendants than one (1) in the original execution, and any of them do not join in the delivery bond, the sureties on such bond shall be first liable before those defendants who refuse to join, to the extent of the liability incurred by the bond; but in the event the debt, […]
§ 26-3-103. Corporate Property
An execution against a corporation may be levied on its choses in action, as well as on the goods and chattels, lands and tenements, of such corporation; and in case of a levy on choses in action, the court may appoint a receiver to collect or conserve the same. Code 1858, § 3037 (deriv. Acts […]
§ 26-3-104. Indemnity Bond of Plaintiff
No sheriff or other officer shall be required to levy an execution on any property the title of which is disputed, or to sell the same after levy, unless the plaintiff will first give bond and security to such officer, to indemnify the sheriff or other officer against all damages and costs in consequence of […]
§ 26-3-105. Principal’s Property Sold Before Surety’s
Where the judgment or decree is against a principal and the principal’s surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety. “Surety,” in this section, shall embrace accommodation endorsers, stayors, and […]
§ 26-3-106. Order of Levy on Parties Secondarily Liable
After exhausting the property of the principal, it shall be the duty of the officer to subject the property of the other parties in the order of their liability on the debt or contract. The party subsequently liable shall, if requested by the officers, show the property of the prior liable party to secure the […]