Judgment on original and additional bonds; contribution of sureties

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38-266. Judgment on original and additional bonds; contribution of sureties

A. If separate judgments are recovered on the bonds for the same cause of action, the plaintiff is entitled to have execution issued on both judgments, but he shall only collect by execution or otherwise the amount actually adjudged to him on the same causes of action, together with the costs of both actions.

B. When the sureties on either bond have been compelled to pay any amount of money on account of the principal obligor therein, they are entitled to recover of the sureties on the remaining bond, a distributive part of the amount thus paid, in the proportion which the penalties of the bonds bear one to the other, and to the amount thus paid, respectively.


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