If it is made satisfactorily to appear to the court that the execution was placed in the hands of the sheriff, against whom the motion is made, and that such sheriff has failed to return the same, the court shall render judgment against the sheriff and the sureties of such sheriff for the amount due the state, or county, or common school fund, or other persons, for costs and the costs of the motion.
Code 1858, § 717 (deriv. Acts 1833, ch. 43, § 1); Shan., § 1030; Code 1932, § 1759; T.C.A. (orig. ed.), § 9-224.
Law Reviews.
The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477.
Structure 2021 Tennessee Code
Chapter 2 - Accounting for Revenues
§ 9-2-105. Furnishing Receipt Books
§ 9-2-106. Penalty for Violations
§ 9-2-107. Settlement for School Funds
§ 9-2-108. Reports of Clerks and Judges
§ 9-2-111. Perjury by Judge or Clerk
§ 9-2-115. Failure of Clerk or Judge to Pay Over
§ 9-2-116. Failure of Clerk or Judge to Produce Proper Receipt
§ 9-2-117. Judgment for Trustee Against Clerk or Judge
§ 9-2-118. Satisfaction of Judgment
§ 9-2-119. Commissions Lost by Default
§ 9-2-122. Clerk's Records Furnished to County Mayor