49-28 - Confession of judgment by surety or failure to notify principal to defend. - Virginia Statutes

§ 49-28. Confession of judgment by surety or failure to notify principal todefend.

If any such surety, other than bail, or his committee, heir or personalrepresentative, confess judgment, or suffer judgment to go against him bydefault, without giving notice to his principal, if he be a resident of theCommonwealth, or his committee or personal representative, to defend thesuit, and after such principal offers to defend the suit, and tenders countersecurity, approved by the court in which the suit is pending, the principal,or his committee, heirs or representative, may have the benefit of everydefense against the motion or suit of such surety, or his committee,representative or heirs, against him that he might have had against thecreditor.

(Code 1919, § 5778.)