Speight Box & Panel Co. v. Ipock

The plaintiff is entitled to a judgment against the sureties on the defendant’s undertaking according to the terms of the instrument, to be recovered in the original action. The sureties, within the limits of their obligation, are considered parties of record, and the defendants their principals. McDonald v. McBryde, 117 N. C., 125, 23 S. E., 103; Wallace v. Robinson, 185 N. C., 530, 117 S. E., 508; Trust Co. v. Hayes, 191 N. C., 542, 132 S. E., 466; Long v. Meares, 196 N. C., 211, 145 S. E., 7. It is upon this theory that judgment against the sureties is rendered in the original action to…