Harrison v. Costello

HIOKMAN, O. J.

A joint and several judgment was rendered against appellant and appellee upon a promissory note. Appellant was the maker and ap-pellee the surety on the note, and the judgment provided that appellee should have his execution against appellant for any and all sums he might pay upon the judgment. This judgment became dormant for failure to issue execution thereon within twelve months. The suit from which this appeal is prosecuted was filed by appellee for the purpose of reviving the dormant judgment,.his petition alleging that he had paid the plaintiffs in the original cause.…