§ 25-13-302 — Execution Against Principal Debtor Before Surety

25-13-302 . Execution against principal debtor before surety. Upon the rendition of any judgment, if it is shown that one or more of the defendants against whom the judgment is to be rendered are principal debtors and others of the defendants are sureties of the principal debtor, the court may order the judgment to state that fact. Upon the issuance of an execution upon the judgment, the execution must direct the sheriff or levying officer to make the amount due on the judgment out of the goods and chattels, lands, and tenements of the principal debtor or debtors or, if sufficient amount cannot be found within the principal judgment debtor's county to satisfy the judgment, to levy and make the execution out of the property, personal or real, of the judgment debtor who was surety.

Legislative History

En. Sec. 118, p. 67, Bannack Stat.; re-en. Sec. 145, p. 161, L. 1867; re-en. Sec. 181, p. 62, Cod. Stat. 1871; re-en. Sec. 231, p. 95, L. 1877; re-en. Sec. 231, 1st. Div. Rev. Stat. 1879; re-en. Sec. 239, 1st Div. Comp. Stat. 1887; re-en. Sec. 1001, C. Civ. Proc. 1895; re-en. Sec. 6711, Rev. C. 1907; re-en. Sec. 9314, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 578; re-en. Sec. 9314, R.C.M. 1935; R.C.M. 1947, 93-4702(part); amd. Sec. 19, Ch. 548, L. 1987; amd. Sec. 442, Ch. 56, L. 2009.