Section 25-3-133 - Trial of fact of cosuretyship

In all cases of motions by sureties against cosureties, if the fact of the joint suretyship does not appear on the face of the papers or judicial proceedings on which the motion is based, the fact shall be ascertained by a jury to be immediately impaneled, if demanded in a court of record.Code 1858, § 3628 (deriv. Acts 1809 (Sept.), ch. 69, § 3); Shan., § 5393; mod. Code 1932, § 9552; T.C.A. (orig. ed.), § 25-334.