If the surety pays off the debt pending the action against the principal and himself or against the principal alone, such payment shall operate only to cause the action to proceed for the benefit of such surety; and the judgment may be entered in the name of the original plaintiff for the use of such surety.
(Ga. L. 1857, p. 111, § 1; Code 1863, § 2147; Code 1868, § 2142; Code 1873, § 2169; Code 1882, § 2169; Civil Code 1895, § 2988; Civil Code 1910, § 3560; Code 1933, § 103-310.)
RESEARCH REFERENCES
ALR.
- Right of building contractor's surety who completes contract to money earned by contractor but unpaid before default, 45 A.L.R. 379; 134 A.L.R. 738; 164 A.L.R. 613.