§ 29-33-112. Exoneration of Surety
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.
§ 29-33-113. Effect of Exoneration
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 […]
§ 29-33-114. Contribution Between Sureties
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 […]
§ 29-33-115. Costs
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.
§ 29-33-110. New Bond Furnished by Principal
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.
§ 29-33-111. Witnesses in Hearings
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.
§ 29-33-101. Application for Release From Prosecution or Defense Bond
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 […]
§ 29-33-102. Rule to Give Counter Security
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 […]
§ 29-33-103. Continuation of Suit in Forma Pauperis
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.), § […]
§ 29-33-104. Relief of Surety on Replevy Bond
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.