Whenever a party in a court of record recovers a judgment or decree against another for costs, and it appears from the return of the execution that such costs cannot be made out of the person against whom they have been adjudged, the witnesses summoned by the successful party may have judgment by motion against such party for their costs.
Code 1858, § 3832 (deriv. Acts 1847-1848, ch. 62, § 2); Shan., § 5620; Code 1932, § 9802; T.C.A. (orig. ed.), § 24-407.