The failure to pay over money collected officially, incapacity, neglect of duty and misbehavior in office may be shown by the record of a suit, by motion, or otherwise founded upon one (1) of the causes, and decided adversely to the clerk; or charges may be exhibited to the court, in writing, by any person, and satisfactorily established by proof, the clerk having a right to be heard in defense, and to an appeal, as in other cases.
Code 1858, § 4063; Shan., § 5878; Code 1932, § 10078; T.C.A. (orig. ed.), § 18-121.
Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 7.
Collateral References. 14 C.J.S. Clerks of Courts § 81.