Motion by surety

Sureties are entitled to judgment by motion against their principals: (1) Whenever judgment has been rendered against them as such sureties; (2) Whenever such judgment, or any part thereof, has been paid by the surety. Code 1858, § 3620 (deriv. Acts 1801, ch. 15, § 1; 1809 (Sept.), ch. 69, §1); Shan., § 5385; Code 1932, § 9544; T.C.A. (orig. ed.), § 25-323. Sureties are entitled to judgment by motion against their principals: (1) Whenever judgment has been rendered against them as such sureties; (2) Whenever such judgment, or any part thereof, has been paid by the surety. Code 1858, § 3620 (deriv. Acts 1801, ch. 15, § 1; 1809 (Sept.), ch. 69, §1); Shan., § 5385; Code 1932, § 9544; T.C.A. (orig. ed.), § 25-323.