433.100. Failure to prosecute such action exonerates surviving surety. - Missouri Statutes

Failure to prosecute such action exonerates surviving surety.

433.100. If such action be not begun by the party having theright thereof, within a reasonable time after being notified asabove provided so to do, and proceeded in with due diligence inthe ordinary course of law to a final determination of theissues, the surety giving such notice shall be exonerated fromliability to the person so notified; provided, that two or moresureties may join in the same notice; provided further, that theservice of notice on the administrator or executor of the estate,or the waiver thereof, shall be deemed to be the commencement ofsuch action within the meaning of sections 433.090 and 433.100.

(RSMo 1939 § 3323)

Prior revisions: 1929 § 2936; 1919 § 12692; 1909 § 11274