Code Sections 10-7-40 through 10-7-49 shall apply to cases where there is more than one surety, so as to enable a surety discharging a joint debt, in whole or in part, either pending the action or after joint or several judgments, to control the same against his cosureties for the purpose of compelling them to contribute their respective shares of the amount so paid by him.
(Laws 1840, Cobb's 1851 Digest, p. 597; Laws 1850, Cobb's 1851 Digest, p. 599; Ga. L. 1857, p. 111, § 3; Code 1863, § 2148; Code 1868, § 2143; Code 1873, § 2170; Code 1882, § 2170; Civil Code 1895, § 2989; Civil Code 1910, § 3561; Code 1933, § 103-311.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 74 Am. Jur. 2d, Suretyship, § 147.
C.J.S.- 72 C.J.S., Principal and Surety, § 226 et seq.
ALR.
- Right of surety or guarantor who pays judgment to preservation thereof as against his cosureties or coguarantors, 71 A.L.R. 300.
Joinder in one action of sureties on different bonds relating to same matter, 106 A.L.R. 90; 137 A.L.R. 1044.
Limitation by surety of amount of his liability as affecting liability to contribution, 172 A.L.R. 1447.
Right of guarantor or surety, in order to avoid paying amount in excess of his proportionate share, to compel coguarantors or cosureties to pay their share to creditor, 38 A.L.R.3d 680.