Walsh v. Kuder

WELCH, V. C. J.

A money judgment was rendered in district court against a principal defendant and two sureties on his fidelity bond. Henrietta Kuder, one of the sureties, paid the judgment. Then within the time and in the manner provided by section 477, O. S. 1931, 12 Okla. St. Ann. § 831, she filed with the clerk proper notice of claim of contribution and proper notation thereof was made by the clerk. Thereafter, upon praecipe filed by Kuder, the clerk issued execution, which was levied upon certain property of the other surety, Walsh, whereupon Walsh moved to recall and quash the execution.

Th…