12-1642

12-1642. Determination of issue between
principal and surety; finding for surety and order of levy

A. When an action is brought against two or more defendants upon a contract, and
one or more of the defendants are surety for the others, the surety may cause the issue
of suretyship between the defendants to be tried and determined at any time before the
trial, but such proceedings shall not delay the action of the plaintiff.

B. If the issue is determined in favor of the surety, the court shall order the
sheriff to levy the execution first upon the property of the principal which is subject
to execution and situate in the county in which the judgment was rendered before a levy
is made upon the property of the surety, if enough property of the principal is found as
in the opinion of the sheriff or constable is sufficient to make the amount of the
execution, otherwise the levy shall be made on so much property of the principal as is
found, if any, and upon so much of the property of the surety as is necessary to make the
amount of the execution. The clerk shall make a memorandum of such order on the
execution.