Motion by Surety

  1. Law
  2. Tennessee Code
  3. Judgments
  4. Judgment by Motion
  5. Motion by Surety

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Sureties are entitled to judgment by motion against their principals:

  1. Whenever judgment has been rendered against them as such sureties;
  2. Whenever such judgment, or any part thereof, has been paid by the surety.

Code 1858, § 3620 (deriv. Acts 1801, ch. 15, § 1; 1809 (Sept.), ch. 69, § 1); Shan., § 5385; Code 1932, § 9544; T.C.A. (orig. ed.), § 25-323.

Cross-References. Judgment for costs against surety, §20-12-135.

Power of surety to confess judgment, §25-2-102.

Textbooks. Tennessee Jurisprudence, 12 Tenn. Juris., Executors and Administrators, § 77; 14 Tenn. Juris., Guaranty, § 2; 19 Tenn. Juris., Motions and Summary Proceedings, §§ 5, 6; 23 Tenn. Juris., Suretyship, § 30.


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