Suit not barred, when.

522.090. No such suit shall be barred nor shall the amountwhich the plaintiff may be entitled to recover be affected, byany answer made by any surety in such bond, of a judgmentrecovered thereon, unless it be accompanied by an allegation thatthe sureties, or some of them, have been obliged to pay thedamages on such judgment, or some part thereof, for want ofsufficient property of the principal whereon to levy the same, orthat they will be obliged to pay the same, or part thereof, forthe same reason, nor unless such answer be verified by affidavit.

(RSMo 1939 § 3250)

Prior revisions: 1929 § 2862; 1919 § 1012; 1909 § 1219