If the matter is not tried at the first term after the writ is sued out, the court may discharge the supersedeas, upon the motion of the adverse party, and the supersedeas's denial on oath of the facts alleged in the petition, upon taking a refunding bond, with good security, to perform the judgment in case the suit should be eventually decided in favor of the party suing out the writ.
Code 1858, § 3118; Shan., § 4846; Code 1932, § 8979; T.C.A. (orig. ed.), § 27-706.