Judgment on Motion for Failure to Pay Over

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If the sheriff or officer fails to do so, the clerk or magistrate shall furnish the district attorney general with the records, executions, and such other information as may be in the clerk or magistrate's possession, to show the liability of the officer, and the district attorney general shall move for judgment, in the name of the county, against the sheriff or officer and the sheriff's or officer's sureties for the moneys by the sheriff or officer collected, or that ought to have been collected, for the use of the county. Upon judgment, when obtained, the clerk or judge shall issue execution, and enforce satisfaction of such execution.

Code 1858, § 519; Shan., § 658; Code 1932, § 1057; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-813.

Cross-References. Judgment before justice on motion for misfeasance in office, §16-15-733.

Motion for summary judgment against sheriff, §§25-3-101 —25-3-105.

Summary judgment for sheriff, §§25-3-114 —25-3-116.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).


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