In all cases in which any principal debtor, or his committee, representative or heirs, knowing of the pendency of any suit against his surety, or the committee, heir or personal representative of such surety, shall not offer to defend such suit, he shall be precluded from making any defense to the claim of the surety which he might have made against the suit of the creditor.
Code 1919, § 5778.
Structure Code of Virginia
Title 49 - Oaths, Affirmations and Bonds
Chapter 3 - Relief of Sureties
§ 49-22. Sureties on official bonds
§ 49-23. Surety on bond given under decree of court for payment of money
§ 49-24. Failure of officer to give new bond
§ 49-25. Surety may require creditor to sue
§ 49-26. Effect of failure of creditor to sue
§ 49-27. Surety's remedy against principal for money paid
§ 49-28. Confession of judgment by surety or failure to notify principal to defend
§ 49-29. Failure of principal to offer to defend suit against surety