Notice of motion against sheriff

No notice of this motion is required when it is made at the first term after the execution has been placed in the sheriff's hands; but if the motion is made at a subsequent term, it shall be entered upon the minutes, and docketed as a suit, and proceeded with on the second or subsequent day of the next succeeding term, as if notice had been given. Code 1858, § 718 (deriv. Acts 1833, ch. 43, § 2); Shan., § 1031; Code 1932, § 1760; T.C.A. (orig. ed.), § 9-225. No notice of this motion is required when it is made at the first term after the execution has been placed in the sheriff's hands; but if the motion is made at a subsequent term, it shall be entered upon the minutes, and docketed as a suit, and proceeded with on the second or subsequent day of the next succeeding term, as if notice had been given. Code 1858, § 718 (deriv. Acts 1833, ch. 43, § 2); Shan., § 1031; Code 1932, § 1760; T.C.A. (orig. ed.), § 9-225.