County trustees are required to pay all just claims against the county as they are presented, if they have money in their hands not otherwise specially appropriated, and, on failure so to do, the party aggrieved may recover judgment by motion against such trustee and any sureties of the trustee, for the amount due, with interest and damages, in the general sessions court of the county in which such trustee resides.
Code 1858, § 3613 (deriv. Acts 1821, ch. 33, § 1; 1827, ch. 49, § 25); Shan., § 5378; Code 1932, § 9537; T.C.A. (orig. ed.), § 25-318.
Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Abatement, Survival and Revival, § 27; 19 Tenn. Juris., Motions and Summary Judgments, § 6.