Judgment against sheriff

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. 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.