County trustees are required to pay all just claims against the county as they are presented, if they have money in their hands not otherwise specially appropriated, and, on failure so to do, the party aggrieved may recover judgment by motion against such trustee and any sureties of the trustee, for the amount due, with interest and damages, in the general sessions court of the county in which such trustee resides.
Code 1858, § 3613 (deriv. Acts 1821, ch. 33, § 1; 1827, ch. 49, § 25); Shan., § 5378; Code 1932, § 9537; T.C.A. (orig. ed.), § 25-318.
Structure 2021 Tennessee Code
Chapter 3 - Judgment by Motion
§ 25-3-101. Motion by Plaintiff Against Executive Officer
§ 25-3-102. Motion by Defendant Against Executive Officer
§ 25-3-104. Collections on Causes Cognizable Before General Sessions Judge
§ 25-3-105. Penalty for Failure to Return Process
§ 25-3-106. Death of Officer or Surety
§ 25-3-107. Execution as Evidence
§ 25-3-108. Evidence of Receipt of Execution by Officer
§ 25-3-109. Proof of Return From Another County
§ 25-3-110. Inability to Return as Defense
§ 25-3-111. Judgment Against Clerks
§ 25-3-112. Judgment Against Special Commissioner
§ 25-3-113. Judgment Against Deputy Clerk
§ 25-3-114. Judgment for Executive Officers
§ 25-3-115. Jurisdiction of Motion on Bond
§ 25-3-116. Jurisdiction of Motion Against Deputy
§ 25-3-117. Judgment Against County Trustee
§ 25-3-118. Motion Against Tax Collector
§ 25-3-119. Judgment Against Attorney
§ 25-3-120. Jurisdiction of Motions Against Attorneys
§ 25-3-121. Striking Attorney From Rolls
§ 25-3-123. Joint or Several Motion
§ 25-3-124. Surety on Confessed Judgment
§ 25-3-126. Accommodation Endorsers
§ 25-3-127. Motion Against Cosurety
§ 25-3-128. Personal Representatives
§ 25-3-129. Jurisdiction of Motions
§ 25-3-130. Jurisdiction of Special Courts
§ 25-3-131. Production of Records
§ 25-3-132. Trial of Fact of Suretyship
§ 25-3-133. Trial of Fact of Cosuretyship
§ 25-3-134. Amount of Judgment
§ 25-3-135. Parties to Motions for Summary Judgment in General
§ 25-3-136. Motion on Defective Bond
§ 25-3-137. Times Notice Not Required
§ 25-3-138. Notice to Constables
§ 25-3-139. Security for Costs
§ 25-3-141. Concurrent Jurisdiction of Circuit Court