Motion by Defendant Against Executive Officer

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  5. Motion by Defendant Against Executive Officer

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Such officers are in like manner liable to the defendant in an execution, upon motion:

  1. For the failure to pay over, on demand, any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and all commissions and costs, the amount of such excess, with interest and damages; or
  2. For failing to pay over, on demand, money paid or collected on an execution, the whole or any part of which is enjoined in chancery, or to which the defendant is otherwise legally entitled, the amount so enjoined or to which the defendant is entitled, with interest and damages.

Code 1858, § 3595 (deriv. Acts 1817, ch. 54, § 1); Shan., § 5360; Code 1932, § 9519; T.C.A. (orig. ed.), § 25-302.

Cross-References. Motions cognizable before general sessions judge, §16-15-733.


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