626.17 - PRINCIPAL AND SURETY -- ORDER OF LIABILITY.
626.17 PRINCIPAL AND SURETY -- ORDER OF LIABILITY. The clerk issuing an execution on a judgment against principal and surety shall state in the execution the order of liability recited in the judgment, and the officer serving it shall exhaust the property of the principal first, and of the other defendants in the order of liability thus stated. To obtain the benefits of this section, the order of liability must be recited in the execution, and the officer holding it must separately return thereon the amount collected from the principal debtor and surety.
Section History: Early Form [C51, § 1915; R60, § 3258, 3260, 3261, 3303; C73, § 3039, 3041, 3042, 3071; C97, § 3966; C24, 27, 31, 35, 39, § 11665; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 626.17] Referred to in § 626.18 Analogous provisions, § 626.64, and R.C.P. 1.956