§ 26 — Collection of execution; when a defence to subsequent action

§ 26. Collection of execution; when a defence to subsequent action. It\nis a defence by a surety, against whom an action is brought upon an\nofficial bond or undertaking, that he, or any other surety or sureties,\nhave been or will be compelled, for want of sufficient property of the\npublic officer to pay, upon one or more judgments recovered against him\nor them, upon the same bond or undertaking, an aggregate amount,\nexclusive of costs, officers' fees, and expenses, equal to the sum for\nwhich the defendant is liable, by reason of the bond or undertaking. It\nis a partial defence, that the difference between the aggregate amount,\nso paid, or to be paid, and the sum for which the defendant is thus\nliable, is less than the amount of the plaintiff's demand.\n