If the fact of suretyship does not appear upon the face of the proceedings on which judgment has been had or payment made, or of the instrument on which the motion under §§25-3-122 —25-3-134 is founded, a jury shall be immediately impaneled to try the fact.
Code 1858, § 3623 (deriv. Acts 1809 (Sept.), ch. 69, § 2); Shan., § 5388; Code 1932, § 9547; T.C.A. (orig. ed.), § 25-333.
Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 17; 19 Tenn. Juris., Motions and Summary Proceedings, §§ 5, 8.