Tennessee § 47-12-106 - Stay of execution.
Full text of Tennessee Tennessee Code Annotated § 47-12-106 — Stay of execution., with citation guidance and answers to common questions.
§ 47-12-106. Stay of execution.
When the principal and surety, or endorser, are sued, and the execution is stayed without the request or consent of the surety or endorser, the stayor shall be liable, in default of the principal debtor, to pay the debt and costs of judgment and in priority to the first surety or endorser, unless the first surety or endorser specially and in writing joined with the debtor in procuring the stay. Code 1858, § 1973 (deriv. Acts 1820, ch. 24, § 1; 1841-1842, ch. 136, § 1); Shan., § 3522; mod. Code 1932, § 7531; T.C.A. (orig. ed.), § 47-706. Cross-References. Summary judgment in favor of surety or stayor, § 16-15-734 . Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 1-8.03-19. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 24; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 33; 23 Tenn. Juris., Suretyship, §§ 10, 27. Cited: Graham v. Shephard, 136 Tenn. 418, 189 S.W. 867, 1916 Tenn. LEXIS 146 (1916).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 47-12-106
What does Tennessee Code Annotated § 47-12-106 cover?
Section 47-12-106 ("Stay of execution.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 47-12-106?
A common citation format is "Tennessee Code Annotated § 47-12-106" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 47-12-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.