§ 38-1-102 — Requiring suit by creditor; requisition by personal representative of surety

The executor or administrator of a surety so bound may, in like
manner, make such requisition of the creditor, or his executor
or administrator, as provided in the preceding section; and in
case of failure of the creditor, or his executor or
administrator, to proceed as therein required, the executor or
administrator, if he make the requisition, shall have the same
relief as is therein provided for a surety.