Intervention by Other Creditors

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If the bill is filed by one (1) creditor for the creditor and others, the other creditors may make themselves parties at any time before final decree, by petition and execution of prosecution bonds, or by agreeing to join in the bonds required in the case of the original complaint, and in a sufficient penalty, to pay their proportional part of the recovery on such bonds.

Code 1858, § 4290 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6099; mod. Code 1932, § 10360; T.C.A. (orig. ed.), § 23-1003.

Cross-References. Intervention, Tenn. R. Civ. P. 24.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Covenants, § 7.

Law Reviews.

Parties and Claims, 4 Mem. St. U.L. Rev. 280.

Cited: Watkins v. Sedberry, 261 U.S. 571, 43 S. Ct. 411, 67 L. Ed. 802, 1923 U.S. LEXIS 2589 (1923).

Collateral References. 21 Am. Jur. 2d Creditors' Bills § 72.

21 C.J.S. Creditors' Suits § 58.

Debtor and creditor 11.


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