If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or attachment, subject to the defendant's right to again replevy, and, in case the defendant fails so to do, then subject to such disposition as the law makes of property so seized.
Code 1858, § 3669; Shan., § 5439; Code 1932, § 9601; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2706.
Structure 2021 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 33 - Sureties on Bonds—actions to Protect Interest
§ 29-33-101. Application for Release From Prosecution or Defense Bond
§ 29-33-102. Rule to Give Counter Security
§ 29-33-103. Continuation of Suit in Forma Pauperis
§ 29-33-104. Relief of Surety on Replevy Bond
§ 29-33-106. Attachment of Replevied Property
§ 29-33-107. Fiduciary Bond — Petition for Release
§ 29-33-108. Relief to Surety on Fiduciary Bond
§ 29-33-109. Substitution of Surety as Fiduciary
§ 29-33-110. New Bond Furnished by Principal
§ 29-33-111. Witnesses in Hearings
§ 29-33-112. Exoneration of Surety
§ 29-33-113. Effect of Exoneration