Judgment for Executive Officers

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Judgment may, in like manner, be recovered summarily, on motion, in favor of sheriffs, coroners, constables, and other executive officers:

  1. Against the obligors on bonds given to indemnify the officer for levying an execution or attachment, or for making sale of property so levied on or attached, after judgment against such officer for making such levy or sale, the judgment to be for the amount recovered against such officer, with interest;
  2. Against the deputy of the sheriff and the sheriff's sureties for the amount of any judgment which may be rendered against the sheriff for the default of such deputy; and
  3. Against clerks for the amount of costs due such officers, paid to such clerks.

Code 1858, § 3605 (deriv. Acts 1824, ch. 16, § 2; 1825, ch. 40, § 1; 1829, ch. 41, § 1); Shan., § 5370; Code 1932, § 9529; T.C.A. (orig. ed.), § 25-315.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Costs § 42; 14 Tenn. Juris., Indemnity, § 9; 19 Tenn. Juris., Motions and Summary Proceedings, § 6; 22 Tenn. Juris., Sheriffs, § 12.


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