Beeler v. Hall
Tennessee Supreme Court
Hall, administrator, recovered a judgment before a justice of the peace against Stuart and Turner. It was stayed by Beeler. Stuart was surety, and Turner principal. This fact, however, did not appear on the face of the judgment or of the execution which was issued thereupon. No property of Turner having been found, it was levied on the property of Stuart.
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Hall, administrator, recovered a judgment before a justice of the peace against Stuart and Turner. It was stayed by Beeler. Stuart was surety, and Turner principal. This fact, however, did not appear on the face of the judgment or of the execution which was issued thereupon. No property of Turner having been found, it was levied on the property of Stuart. Beeler obtained an order for writs of certiorari and supersedeas to restrain a levy of the execution on his property, and the writs were issued and were returnedto the circuit court. Walker' presiding judge, on a submission to him of the…
1Opinion of the Court
McKinney, J.,
delivered the opinion of the court.'
By the act of 1843, ch. 32, a surety or endorser, in order to entitle himself to compel the officer to exhaust the property of the principal debtor, before proceeding against his property, must, on the trial of the case, establish the fact of his relation as surety or endorser; and such relation must be recited in the judgment and execution, by the court, or justice of the peace trying the cause. If this be not done, the surety or endorser may be proceeded against in the first instance, by the sheriff or officer having process in his hands.
The…
2Cited by1 opinion
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