§ 26-12. Joinder of debtor by surety.
§26‑12. Joinder of debtor by surety.
(a) As used in thissection, "surety" includes guarantors, accommodation makers,accommodation indorsers, or others who undertake liability on the obligationand for the accommodation of another.
(b) When any surety issued by the holder of the obligation, the court, on motion of the surety mayjoin the principal as an additional party defendant, provided the principal isfound to be or can be made subject to the jurisdiction of the court. Upon suchjoinder the surety shall have all rights, defenses, counterclaims, and setoffswhich would have been available to him if the principal and surety had beenoriginally sued together. (1959, c. 1121.)