A cosurety or comaker against whom judgment has been rendered for the whole debt, or who has paid the same or more than the ratable share of such judgment, may have judgment on motion, against all of the other parties to the instrument liable to such cosurety or comaker, whether included in the original judgment or not, for the ratable share of each.
Code 1858, § 3625 (deriv. Acts 1809 (Sept.), ch. 69, §§ 2, 3); Acts 1870-1871, ch. 99; Shan., § 5390; mod. Code 1932, § 9549; T.C.A. (orig. ed.), § 25-328.
Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Motions and Summary Proceedings, § 5; 23 Tenn. Juris., Suretyship, § 31.