Connally v. Morris

A surety upon an eventual condemnation bond filed by the defendant when arresting á summary proceeding instituted under the Civil Code (1910), § 5385, to dispossess the defendant as a tenant *753holding over, is bound by whatever judgment is rendered against the principal, even though the surety did not appear and plead and the judgment rendered was by the consent of the principal and not of the surety, and was for a larger sum than was recoverable. It follows, therefore, that where judgment was entered against the principal and surety upon such a bond, an affidavit of illegality filed by the…