§ 26-3. Summary remedy of surety against principal. - North Carolina Statutes

§26‑3.  Summary remedy of surety against principal.

Any person who may have paidmoney for and on account of those for whom he became surety, upon producing tothe clerk of superior court, a receipt, and showing that an execution hasissued, and he has satisfied the same, and making it appear by sufficienttestimony that he has expended any sum of money as the surety of such person,may move the clerk for judgment against his principal for the amount which hehas actually paid; a citation having previously issued against the principal toshow cause why execution should not be awarded; and should the principal notshow sufficient cause, the clerk shall award execution against the principal. (1797,c. 487, s. 1, P.R.; R.C., c. 110, s. 1; Code, s. 2093; Rev., s. 2842; C.S., s.3963; 1973, c. 108, s. 15.)