When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue accordingly.
(Laws 1845, Cobb's 1851 Digest, p. 598; Laws 1850, Cobb's 1851 Digest, p. 600; Code 1863, § 3491; Code 1868, § 3514; Code 1873, § 3572; Code 1882, § 3572; Civil Code 1895, § 5343; Civil Code 1910, § 5938; Code 1933, § 39-107.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 74 Am. Jur. 2d, Suretyship, § 18 et seq.
C.J.S.- 33 C.J.S., Executions, §§ 101, 102.