Indiana Statutes
§ 34-22-1-3 — Trial on issue of suretyship; two or more defendants
Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 22 CAUSES OF ACTION: SURETY'S REMEDIES·Ch. 1 Remedies of Sureties Against Their Principals
(a)This section applies when:
(1)an action is brought against two (2) or more defendants upon
a contract; and
(2)at least one (1) or more of the defendants is a surety for the
others.
(b)The surety may, upon a written complaint to the court, cause the
question of suretyship to be tried and determined, upon the issue made
by the parties at:
(1)the trial of the cause; or
(2)any time before or after the trial.
(c)Proceedings described in subsection (b) do not affect the
proceedings of the plaintiff.
[Pre-1998 Recodification Citation: 34-1-55-3.]
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Legislative History
As added by P.L.1-1998, SEC.17.
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