Alabama § 8-3-7 Rights of Surety Sued Separately and Paying Judgment

Alabama Statutes

§ 8-3-7 — Rights of Surety Sued Separately and Paying Judgment

Alabama § 8-3-7

Title 8Commercial Law and Consumer Protection

Ch. 3Suretyship

Art. 1General Provisions

This text of Alabama § 8-3-7 (Rights of Surety Sued Separately and Paying Judgment) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 8-3-7 (2026).

Text

If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as pointed out in cases of joint judgment.

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If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as pointed out in cases of joint judgment.