§ 49-27. Surety's remedy against principal for money paid.
If any person liable as bail, surety, guarantor or endorser, or any sheriffliable for not taking sufficient bail, or the committee, heir or personalrepresentative of any so liable, pay, in whole or in part, such note, bond orother demand, or any judgment, decree or execution rendered or awarded onaccount of such liability, the person having a right of action for the amountso paid may, by motion in the court in which the judgment, decree orexecution was rendered or awarded, obtain a judgment or decree against anyperson against whom such right of action exists for the amount so paid, withinterest from the time of payment, and five per centum damages on suchamount. The person so paying, in whole or in part, any such judgment, decreeor execution rendered or awarded on account of such liability, or any suchnote, bond or other demand, shall, by operation of law, in addition to theremedy above provided, be substituted to and become the owner of all of therights and remedies of the creditor for the enforcement and collection of theamount or amounts so paid, and shall be deemed the assignee thereof.Executions, or other legal process to which the principal creditor wasentitled, may be issued on any such judgment or decree in the name of theoriginal creditor against the person primarily liable for the benefit of theperson secondarily liable to the extent to which he has satisfied theoriginal creditor.
But nothing in this section shall be construed to impair or affect in any waythe security of the original creditor, or his rights and remedies as to anybalance which may be due him. The provisions of this section are cumulativeand are intended to protect the rights of any person secondarily liable tothe extent to which he has satisfied the obligation of the person primarilyliable. All assignments heretofore made of judgments and decrees to personssecondarily liable are hereby validated, and upon the same executions may beissued as hereinbefore provided.
§ 49-27. Surety's remedy against principal for money paid.
If any person liable as bail, surety, guarantor or endorser, or any sheriffliable for not taking sufficient bail, or the committee, heir or personalrepresentative of any so liable, pay, in whole or in part, such note, bond orother demand, or any judgment, decree or execution rendered or awarded onaccount of such liability, the person having a right of action for the amountso paid may, by motion in the court in which the judgment, decree orexecution was rendered or awarded, obtain a judgment or decree against anyperson against whom such right of action exists for the amount so paid, withinterest from the time of payment, and five per centum damages on suchamount. The person so paying, in whole or in part, any such judgment, decreeor execution rendered or awarded on account of such liability, or any suchnote, bond or other demand, shall, by operation of law, in addition to theremedy above provided, be substituted to and become the owner of all of therights and remedies of the creditor for the enforcement and collection of theamount or amounts so paid, and shall be deemed the assignee thereof.Executions, or other legal process to which the principal creditor wasentitled, may be issued on any such judgment or decree in the name of theoriginal creditor against the person primarily liable for the benefit of theperson secondarily liable to the extent to which he has satisfied theoriginal creditor.
But nothing in this section shall be construed to impair or affect in any waythe security of the original creditor, or his rights and remedies as to anybalance which may be due him. The provisions of this section are cumulativeand are intended to protect the rights of any person secondarily liable tothe extent to which he has satisfied the obligation of the person primarilyliable. All assignments heretofore made of judgments and decrees to personssecondarily liable are hereby validated, and upon the same executions may beissued as hereinbefore provided.
§ 49-27. Surety's remedy against principal for money paid.
If any person liable as bail, surety, guarantor or endorser, or any sheriffliable for not taking sufficient bail, or the committee, heir or personalrepresentative of any so liable, pay, in whole or in part, such note, bond orother demand, or any judgment, decree or execution rendered or awarded onaccount of such liability, the person having a right of action for the amountso paid may, by motion in the court in which the judgment, decree orexecution was rendered or awarded, obtain a judgment or decree against anyperson against whom such right of action exists for the amount so paid, withinterest from the time of payment, and five per centum damages on suchamount. The person so paying, in whole or in part, any such judgment, decreeor execution rendered or awarded on account of such liability, or any suchnote, bond or other demand, shall, by operation of law, in addition to theremedy above provided, be substituted to and become the owner of all of therights and remedies of the creditor for the enforcement and collection of theamount or amounts so paid, and shall be deemed the assignee thereof.Executions, or other legal process to which the principal creditor wasentitled, may be issued on any such judgment or decree in the name of theoriginal creditor against the person primarily liable for the benefit of theperson secondarily liable to the extent to which he has satisfied theoriginal creditor.
But nothing in this section shall be construed to impair or affect in any waythe security of the original creditor, or his rights and remedies as to anybalance which may be due him. The provisions of this section are cumulativeand are intended to protect the rights of any person secondarily liable tothe extent to which he has satisfied the obligation of the person primarilyliable. All assignments heretofore made of judgments and decrees to personssecondarily liable are hereby validated, and upon the same executions may beissued as hereinbefore provided.
