§ 29-33-108. Relief to Surety on Fiduciary Bond
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 […]
§ 29-33-109. Substitution of Surety as Fiduciary
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.
§ 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.), § […]