Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (12½%) damages, in cases when such officer:
Code 1858, § 3594 (deriv. Acts 1803, ch. 18, §§ 1, 2; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., § 5359; Code 1932, § 9518; T.C.A. (orig. ed.), § 25-301.
Cross-References. Clerk or judge failing to pay over revenue, §§9-2-115,9-2-117.
Failure to pay over redemption money, §66-8-113.
Motion against collector of revenue, §§67-1-1602(b) —67-1-1611.
Motion against county trustee, §§8-11-106 —8-11-109.
Motion against sheriff, §8-8-204.
Motion against tax collector on failure to settle, §67-1-1602.
Motions cognizable before general sessions judge, §16-15-733.
Summary judgment, Tenn. R. Civ. P. 56.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 8, 560.
Tennessee Jurisprudence, 12 Tenn. Juris., Executions, § 30; 17 Tenn. Juris., Justices of the Peace and General Sessions Court, § 17; 19 Tenn. Juris., Motions and Summary Proceedings, §§ 4, 6; 22 Tenn. Juris., Sheriffs, §§ 15, 18, 23, 26.
Law Reviews.
Summary Judgment Procedure for Tennessee (Chas. S. Coffey), 16 Tenn. L. Rev. 393.
Trick or Treat? Summary Judgment in Tennessee after Hannan V. Alltel Publishing Co. (Judy M. Cornett), 77 Tenn. L. Rev. 305 (2010).
Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).