25-3-111 - Judgment against clerks.

25-3-111. Judgment against clerks.

Judgment may be had summarily by motion against the clerk of any court in this state, in the following cases:

     (1)  For failing to pay over to the party entitled, on demand, money received by the clerk on any judgment or execution, or paid into court upon a plea of tender or any other plea, or under an order or rule of court, judgment for the sum so received, with interest, and twelve and one-half percent (12½%) damages; or

     (2)  For delinquencies in regard to revenue, as provided in this Code.

[Code 1858, § 3608 (deriv. Acts 1849-1850, ch. 150, § 4); Shan., § 5373; Code 1932, § 9532; T.C.A. (orig. ed.), § 25-311.]