Wainwright v. Atkins

Citations

• 104 Miss. 438
• 61 So. 454

Syllabus

<p>1. Principal and Surety. Rights of surety. As against principal after payment. Contribution. Appearance. What constitutes.</p> <p>Where a judgment is rendered against a principal and surety for over two hundred dollars and the surety settles the judgment for one hundred and ninety eight dollars, he can only recover from the principal that amount, and in a suit by the surety to recover the same of the principal the proper forum is a justice of the peace court.</p> <p>2. Same.</p> <p>Where a surety satisfies a judgment against his principal .and himself, he -can recover of the principal the whole amount necessarily paid for sucli satisfaction, there being no contribution as between him and Ms principal.</p> <p>3. Appearance. What constitutes.</p> <p>Where the acceptor of a draft when sued with the drawer and indorser in another state, was only constructively served with process, but appeared in court and demanded oyer of the draft upon which he was being sued, and was answered by plaintiff filing original draft, it was such an appearance on his part as gave jurisdiction to the court to render ^a personal judgment against him.</p>