Burrus v. Cook

(dissenting). — In dissenting from the view which my colleagues have taken, I have concluded to go over the whole record and state what I conceive to be the law involved in the case; remarking first upon the fact, that notwithstanding the extended examination made by them, they have not cited a case (save the one decided by this court) which involved the statute of limitations of the surety’s right to sue, or in which that question was even referred to.

Plaintiff instituted the action by filing a petition seeking to recover from a co-surety one-half the amount he paid for their principal. The…