In the trial of actions upon contracts either of the defendants may show in evidence that he is surety, and if it be satisfactorily shown, the jury in their verdict, or the magistrate in his judgment, shall distinguish the principal and surety, which shall be endorsed on the execution by the clerk of superior court.
N.C. Gen. Stat. § 26-1
Surety and principal distinguished in judgment and execution
Applied in 1 court decision — leading case 75 N.C. App. 177 - Colonial Acceptance Corp. v. Northeastern Printcrafters, Inc. (1985)
Most recently applied in 75 N.C. App. 177 - Colonial Acceptance Corp. v. Northeastern Printcrafters, Inc. (June 1985)
1826, c. 31, s. 1; R.C., c. 31, s. 124; Code, s. 2100; Rev., s. 2840; C.S., s. 3961; 1973, c. 108, s. 14.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.