49-29 - Failure of principal to offer to defend suit against surety.
§ 49-29. Failure of principal to offer to defend suit against surety.
In all cases in which any principal debtor, or his committee, representativeor heirs, knowing of the pendency of any suit against his surety, or thecommittee, heir or personal representative of such surety, shall not offer todefend such suit, he shall be precluded from making any defense to the claimof the surety which he might have made against the suit of the creditor.
(Code 1919, § 5778.)