Judgment Against Clerks

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  4. Judgment by Motion
  5. Judgment Against Clerks

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Judgment may be had summarily by motion against the clerk of any court in this state, in the following cases:

  1. For failing to pay over to the party entitled, on demand, money received by the clerk on any judgment or execution, or paid into court upon a plea of tender or any other plea, or under an order or rule of court, judgment for the sum so received, with interest, and twelve and one-half percent (12½%) damages; or
  2. For delinquencies in regard to revenue, as provided in this Code.

Code 1858, § 3608 (deriv. Acts 1849-1850, ch. 150, § 4); Shan., § 5373; Code 1932, § 9532; T.C.A. (orig. ed.), § 25-311.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, §§ 13, 14; 8 Tenn. Juris., Costs, §§ 42, 44; 19 Tenn. Juris., Motions and Summary Proceedings, § 6.


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