Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (12½%) damages, in cases when such officer:

(1) fails to make due and proper return of such execution;

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Terms Used In Tennessee Code 25-3-101

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(2) makes a false or insufficient return; or
(3) fails to pay over money collected on such execution.