26-1. Surety and principal distinguished in judgment and execution.
In the trial of actions upon contracts either of the defendants may show in evidence that he is surety, and if it be satisfactorily shown, the jury in their verdict, or the magistrate in his judgment, shall distinguish the principal and surety, which shall be endorsed on the execution by the clerk of superior court. (1826, c. 31, s. 1; R.C., c. 31, s. 124; Code, s. 2100; Rev., s. 2840; C.S., s. 3961; 1973, c. 108, s. 14.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 26-1 - Surety and principal distinguished in judgment and execution.
§ 26-2 - Principal liable on execution before surety.
§ 26-3 - Summary remedy of surety against principal.
§ 26-3.1 - Surety's recovery on obligation paid; no assignment necessary.
§ 26-4 - Subrogation of surety paying debt of deceased principal.
§ 26-5 - Contribution among sureties.
§ 26-6 - Dissenting surety not liable to surety on stay of execution.
§ 26-7 - Surety, indorser, or guarantor may notify creditor to take action.
§ 26-8 - Notice; how given; prima facie evidence thereof.
§ 26-9 - Effect of failure of creditor to take action.