Wilcox v. Bank of Hazlehurst

1. Where a surety was sued jointly with his principal, and service had upon him, and he was informed by the plaintiff that it was not necessary for him to file a defense, or employ counsel, as the plaintiff did not intend to enforce the judgment against him, but that the judgment was being obtained for the surety’s protection, and, relying upon the promise of the plaintiff, the surety failed to file any defense and suffered judgment to go against him, he could not in an affidavit of illegality urge such ground as a defense to the enforcement of the judgment. The instant case is…