Kemp Lumber Co. v. Stanley

Citations

• 22 N.M. 198
• 160 P. 351

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The fact that a demurrer to the complaint, interposed by one defendant, and which 'attacks the sufficiency of the complaint as against him alone,, and does not attack the general sufficiency of the complaint, remains undisposed of when the other defendant is put to trial of the issues between him and plaintiff, furnishes no ground for complaint by the. latter defendant. P. 201</p> <p>• 2. In the absence of statute, as in this state, failure of a creditor to present his claim against the estate of a deceased principal ,or failure to bring suit against the principal upon request or demand of the surety,' does not re.lieve the surety from liability upon the demand. P. 202</p>