In all other cases, the clerk shall issue to the plaintiff, the plaintiff's agent or attorney, on demand, an execution on any judgment or decree to which the plaintiff is entitled. Any clerk, who fails or refuses to issue execution as prescribed in this section, forfeits five hundred dollars ($500), to be recovered by action, and is liable to the party aggrieved in damages, and commits a Class C misdemeanor, for which, upon conviction, such clerk shall be removed from office.
Code 1858, §§ 3013, 3014 (deriv. Acts 1832, ch. 3, §§ 1, 2); Shan., §§ 4741, 4742; mod. Code 1932, §§ 8875, 8876; modified; T.C.A. (orig. ed.), § 26-120; Acts 1989, ch. 519, § 113.
Cross-References. Penalty for Class C misdemeanor, §40-35-111.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 617.
Tennessee Jurisprudence, 12 Tenn. Juris., Execution, §§ 5, 7; 18 Tenn. Juris., Mandamus, § 9.
Attorney General Opinions. Unauthorized practice of law by licensed collection agencies, OAG 86-159, 1985 Tenn. AG LEXIS 53 (9/10/86) .