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The Maryland Code, Public General Laws, 1888
Volume 389, Page 64   View pdf image
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64 ASSIGNMENT OF CHOSES IN ACTION. [ART. 8.

Ch. Dec. 334. Grove v. Brien, 1 Md. 438. Swan v. Patterson, 7 Md. 164.
Peacock v. Pembroke, 8 Md. 350. Smith v. Anderson, 18 Md. 526. Groshon
v. Thomas, 20 Md. 247. Martindale v. Brock, 41 Md. 571. Crisfield v. State,
55 Md. 197.

P. G. L , (1860,) art. 9, sec 6. 1763, ch. 23, sec. 8. 1880, ch. 161, sec. 6.

6. When any person shall recover a judgment against the
principal debtor and surety, and the amount due on the judg-
ment shall be satisfied by the surety, the creditor or his attorney
of record shall assign the same to the surety, and such assign-
ment being filed in the court where the judgment was rendered,
the assignee shall be entitled to execution in his own name against
the principal for the amount so paid by the surety.

Ibid sec. 7. 1763, ch. 23, sec. 8. 1864, ch. 243. 1880, ch. 161, sec. 7.

7. When any judgment shall be rendered against several sure-
ties and the amount unpaid on said judgment shall be satisfied
by said sureties or by any one of them, the plaintiff shall be
obliged to assign such judgment to the surety or sureties satisfy-
ing the same, who shall be entitled to execution in his or their
names against the other sureties in the judgment, for a propor-
tionable part of the said judgment so paid by the said assignee;
provided that no defendant shall be precluded or debarred of his
remedy against the plaintiff, or his co-sureties by audita querela,
or other equi able course of proceedings.

McKnew v. Duvall, 45 Md. 501. Wilson v. Ridgely, 46 Md. 246.

1864, ch. 243.

8. In any case where judgment shall be recovered by the State
against any principal debtor and a surety or sureties, and said
judgment shall be satisfied by said surety or sureties, the same
shall be entered by the attorney representing the State to the use
of the surety or sureties satisfying the same, on the said attorney
filing in the case a certificate of the comptroller stating that said
judgment has been so satisfied, and said surety or sureties shall
then be entitled to execution in his or their own name or names
against the principal and the other sureties, in the same manner
and subject to the same provisions contained in the two preceding
sections.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 64   View pdf image
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