§ 20-12-136 — Execution against principal and surety

Where the costs in any case in a court of record, or before a judge of the court of general sessions, are adjudged against a party, judgment shall be rendered jointly against the party and the party's sureties, but the execution issued on the costs shall be collected from the party, if it can be. If execution cannot be collected from the party, then it shall be collected from the sureties. Execution issued against an attorney as surety, for security taken or recorded after July 1, 1999, shall collect only the amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs.

Legislative History

Acts 1859-1860, ch. 120, § 2; Shan., § 4936; Code 1932, § 9089; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1638; Acts 1999, ch. 207, § 3.