Noble v. Cothran

Citations

• 18 S.C. 439
• 1883 S.C. LEXIS 13

Syllabus

<p>1. A sheriff' cannot refuse to enforce an execution in his office for a balance due by sureties, although after such judgment a former judgment for a less sum against the principal debtor on the same debt had been satisfied.</p> <p>2. An unsatisfied judgment against the principal debtor cannot be pleaded in bar of an action on the same debt against the sureties; and judgment may be had against the sureties for the sum then due upon the note sued on.</p> <p>3. Judgment obtained against a principal debtor on a note bearing twelve per cent, interest (a judgment bearing only seven per cent.) was paid after a subsequent judgment had been entered against the sureties for a greater sum, resulting from the difference in interest; execution was then issued against the sureties for such difference as an unpaid balance. ELeld, that the execution against the sureties was not satisfied, and that they were liable for its payment.</p>