Upon notice thus given, the court shall make a rule requiring the principal, within a given time, to give such counter security; and on failure of the principal to comply with the rule, the court shall dismiss the suit, and give judgment against the principal and the principal's surety for the costs already accrued.
Code 1858, § 3666 (deriv. Acts 1822, ch. 42, § 1); Shan., § 5436; mod. Code 1932, § 9598; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2702.
Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Certiorari, § 62.