Default by surety โ€” Indemnity.

No surety or his representative shall confess judgment or suffer judgment by default in any case where he is notified that there is a valid defense, if the principal will enter himself defendant to the action and tender to the surety or his representatives good security to indemnify him, to be approved by the court.

[Code 1881 ยง 650; RRS ยง 980. Prior: 1877 p 135 ยง 653; 1869 p 151 ยง 590; 1854 p 211 ยง 432.]