Order of Liability Stated

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  1. All the parties shall be considered as equally liable, in all cases, unless the order of liability is shown to the court, and recited in the judgment or decree.
  2. The clerk issuing execution on the judgment or decree containing such recital shall state the order of liability in the execution.

Code 1858, § 3031 (deriv. Acts 1843-1844, ch. 32, § 2); Shan., § 4759; Code 1932, § 8892; modified; T.C.A. (orig. ed.), § 26-407.

Textbooks. Tennessee Jurisprudence, 12 Tenn. Juris., Executions § 20; 22 Tenn. Juris., Replevy and Forthcoming Bonds, § 12; 23 Tenn. Juris., Suretyship, § 29.


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