Irwin v. Helgenberg

On the 3d of May, 1861, one Jeffers, as principal, and the appellants, as sureties, executed a promissory note to Howard, who indorsed it to Helgenberg. On the 22d of August,. 1861, Helgenberg recovered a judgment by default against the appellants upon the note, process in that behalf being returned not found as to Jeffers. On .the 6th of December, 1861, the appellants notified Helgenberg, in writing, to sue Jeffers, the principal on the note. Helgenberg, not having done so, and pressing the appellants with an execution upon the judgment, the appellants filed this complaint to restrain him…