Duvall v. Boyer

On Appellee’s Motion for Rehearing.

Appellee very earnestly and cogently contends, as grounds for the granting of his motion for rehearing, that we erred in our construction of article 1995, subdivision 4, R. 0. S. 1925, and subdivision 29a, added to our venue statute, title 42, chapter 1, subdivision 4, R. O. S. 1925 by Acts 40th Legislature (1st Called Sess.), c. 72 page 197, § 2 (Vernon’s Ann. Civ. St. art. 1995, subd. 29a). In support of this contention, appellee places great stress upon article 6251, R. C. S. 1925, viz.:.

*185“No surety shall be sued, unless bis principal is joined with bim,…