1. MCA Contents
  2. TITLE 26
  3. CHAPTER 3
  4. Part 1
  5. 26-3-104 Principal bound when surety bound

Montana Code Annotated 2023

TITLE 26. EVIDENCE

CHAPTER 3. EFFECT OF FORMER JUDGMENTS AND ORDERS

Part 1. General Provisions

Principal Bound When Surety Bound

26-3-104. Principal bound when surety bound. Whenever, pursuant to 26-3-102, 26-3-103, 26-3-201, and 26-3-202, a party is bound by a record and the party stands in the relation of a surety for another, the other person is also bound from the time that the person has notice of the action or proceeding and an opportunity at the surety's request to join in the defense.

History: En. Sec. 3200, C. Civ. Proc. 1895; re-en. Sec. 7918, Rev. C. 1907; re-en. Sec. 10562, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1912; re-en. Sec. 10562, R.C.M. 1935; R.C.M. 1947, 93-1001-24; amd. Sec. 557, Ch. 56, L. 2009.