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Rule 32. May Have Question of Suretyship Tried


When any suit is brought against two or more defendants upon any contract, anyone or more of the defendants being surety for the other, the surety may cause the question of suretyship to be tried and determined upon the issue made the parties defendant at the trial of cause, or at any time before or after the trial or at a subsequent term. Such pro­ceedings shall not delay the suit of the plaintiff.

Source: Art. 6246, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.

For context only: Art. 2088. Discontinuance as to Principal Obligor. Where a suit is discontinued as to the principal obligor, no judgment can be rendered therein against an indorser, guarantor, surety or drawer of an accepted bill who is jointly sued, unless it is alleged and proved that such principal obligor resides beyond the limits of the State, or in such part of the same that he cannot be reached by the ordinary process of law, or that his residence is unknown and cannot be ascertained by the use of reasonable diligence, or that he is dead or notoriously insolvent.