The exoneration of the applicant surety does not affect the previous liability of any of the obligors in the original bond; nor are any of the obligors who have not joined in such application discharged from any liability accruing after the filing of such additional bond; and the obligors who are not exonerated are liable to any person injured by a breach of such bonds, in the same or separate actions.
Code 1858, § 3677; Shan., § 5447; Code 1932, § 9609; T.C.A. (orig. ed.), § 23-2713.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 599.
Tennessee Jurisprudence, 7 Tenn. Juris., Contribution and Exoneration, §§ 5, 9.
Cited: Bankers Trust Co. v. Hamstead, 3 Tenn. App. 264, — S.W. —, 1926 Tenn. App. LEXIS 100 (Tenn. Ct. App. 1926).