Burroughs v. Lott

Citations

• 19 Cal. 125

Syllabus

<p>One of lour sureties having paid the common debt—two of the sureties insolvent—may sue the remaining surety for his half of the debt, without joining the insolvents as parties.</p> <p>Query, whether the objection that the insolvent sureties are not parties can be taken except by demurrer for nonjoinder—all the facts and the defects appearing on the face of the complaint.</p>