§ 26-1. Surety and principal distinguished in judgment and execution.
Chapter26.
Suretyship.
§ 26‑1. Surety andprincipal distinguished in judgment and execution.
In the trial of actions uponcontracts either of the defendants may show in evidence that he is surety, andif it be satisfactorily shown, the jury in their verdict, or the magistrate inhis judgment, shall distinguish the principal and surety, which shall beendorsed on the execution by the clerk of superior court. (1826,c. 31, s. 1; R.C., c. 31, s. 124; Code, s. 2100; Rev., s. 2840; C.S., s. 3961;1973, c. 108, s. 14.)