Whether the surety, guarantor or indorser (or his committee or personal representative) shall have given notice as provided in the first section of this article or not, no judgment, decree or recovery rendered, entered, or had in any suit, action, prosecution or proceeding, to which the surety, guarantor or indorser (or his committee or personal representative) was not a party regularly served with process, shall be in any wise binding on such surety, guarantor or indorser (or his committee or personal representative), and, notwithstanding such decree, judgment or recovery, the surety, guarantor or indorser (or his committee or personal representative) shall be allowed to make any such defense in any action, suit or proceeding instituted against him as could have been made in the suit in which such decree, judgment or recovery was had.
Structure West Virginia Code
Chapter 45. Suretyship and Guaranty
Article 1. Sureties, Guarantors, Indorsers, Bail and Principals
§45-1-1. Demand That Creditor Sue
§45-1-2. Discharge of Surety, Guarantor or Indorser by Failure of Creditor to Sue
§45-1-3. Judgment, Decree or Recovery Not Binding on Surety Not Party to Proceeding
§45-1-4. Remedy of Bail, Surety, Guarantor, etc., Making Payment
§45-1-5. Principal's Right to Same Defense Against Surety as Against Creditor
§45-1-6. Contribution Among Cosureties and Coguarantors