A surety for the prosecution or defense of any suit in law or equity may be released from such suretyship by giving five (5) days’ notice to the surety’s principal, if in the state, and to the surety’s attorney, if out of the state, of the surety’s intention to move for a rule upon the […]
Upon notice thus given, the court shall make a rule requiring the principal, within a given time, to give such counter security; and on failure of the principal to comply with the rule, the court shall dismiss the suit, and give judgment against the principal and the principal’s surety for the costs already accrued. Code […]
The plaintiff may, however, prosecute the suit in the manner prescribed for poor persons, in which case the surety shall be bound only for the costs accruing up to the giving of notice. Code 1858, § 3667 (deriv. Acts 1822, ch. 42, § 1); Shan., § 5437; Code 1932, § 9599; T.C.A. (orig. ed.), § […]
The surety upon any bond for the replevy of property, given in any cause may, by notice in writing, require the surety’s principal to give surety sufficient counter security to indemnify surety against liability on such bond. Code 1858, § 3668; Shan., § 5438; Code 1932, § 9600; T.C.A. (orig. ed.), § 23-2704.
The new replevy bond, if given, shall be made payable to the original surety, and such surety is authorized to act in reference to the property as if the surety had been the plaintiff in the action. The new bond shall be filed with the original replevy bond, and may be enforced by judgment or […]
If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or […]
The surety of any guardian, executor, or administrator, trustee or assignee for creditors, who conceives the surety to be in danger of suffering by the suretyship, and desires to be relieved therefrom, may file a petition, in writing, in the county court, or the court having cognizance of the estate or fund. Code 1858, § […]
Upon such petition and notice, the court may compel the principal to give other sufficient security, or counter security, to be approved by the court, or to deliver up the estate to the petitioner, or such other person as may be directed, and may make such other orders and decrees for the relief of the […]
Should no person be found willing to accept the office, and give the security required, the applicant surety shall qualify in the place of the principal; otherwise, the liability will continue until a successor is appointed and qualified. Code 1858, § 3674; Shan., § 5444; Code 1932, § 9606; T.C.A. (orig. ed.), § 23-2709.
Upon public or private application of any surety, if the principal consents to give a new bond, with satisfactory security, it may be taken without further proceedings, with the same effect, as if executed upon order. Code 1858, § 3675; Shan., § 5445; Code 1932, § 9607; T.C.A. (orig. ed.), § 23-2710.
The officer authorized to hear and dispose of such applications may administer oaths and summon witnesses in the same way and under the same penalties as the courts of the state. Code 1858, § 3679; Shan., § 5449; Code 1932, § 9611; T.C.A. (orig. ed.), § 23-2711.
On the execution of the additional bond as required, or the qualification of a successor, the applicant surety is exonerated from all liability accruing subsequently. Code 1858, § 3676; Shan., § 5446; Code 1932, § 9608; T.C.A. (orig. ed.), § 23-2712.
The exoneration of the applicant surety does not affect the previous liability of any of the obligors in the original bond; nor are any of the obligors who have not joined in such application discharged from any liability accruing after the filing of such additional bond; and the obligors who are not exonerated are liable […]
The sureties, in either bond who have been compelled to make payments thereon for the principal, have the same remedies against the sureties in all the bonds in force at the time of default, as cosureties in the same bond have against each other, the recovery being properly proportioned according to the penalties of the […]
The costs of the application, if unsuccessful, shall be paid by the applicant; if successful, by the principal, and judgment may be given and execution issued therefor. Code 1858, § 3680 (deriv. Acts 1829, ch. 15, § 3); Shan., § 5450; Code 1932, § 9612; T.C.A. (orig. ed.), § 23-2715.
