Okla. Stat. tit. 12, § 12-803
This is the official text of Okla. Stat. tit. 12, § 12-803, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Principal and surety - Levy against principal before
Official statutory text
surety.
In all cases where judgment is rendered in any court of record
within this state, upon any instrument of writing in which two or
more persons are jointly and severally bound, and it shall be made
to appear to the court, by parol or other testimony, that one or
more of said persons so bound, signed the same as surety or bail,
for his or their codefendant, it shall be the duty of the clerk of
said court, in recording the judgment thereon to certify which of
the defendants is principal debtor, and which are sureties or bail.
And the clerk of the court aforesaid shall issue execution on such
judgment, commanding the sheriff or other officer to cause the money
to be made of the goods and chattels, lands and tenements, of the
principal debtor; but for want of sufficient property of the
principal debtor to make the same, that he cause the same to be made
of the goods and chattels, lands and tenements, of the surety or
bail. In all cases, the property, both personal and real, of the
principal debtor, within the jurisdiction of the court, shall be
exhausted before any of the property of the surety or bail shall be
taken in execution.
R.L. 1910, § 5179.
In all cases where judgment is rendered in any court of record
within this state, upon any instrument of writing in which two or
more persons are jointly and severally bound, and it shall be made
to appear to the court, by parol or other testimony, that one or
more of said persons so bound, signed the same as surety or bail,
for his or their codefendant, it shall be the duty of the clerk of
said court, in recording the judgment thereon to certify which of
the defendants is principal debtor, and which are sureties or bail.
And the clerk of the court aforesaid shall issue execution on such
judgment, commanding the sheriff or other officer to cause the money
to be made of the goods and chattels, lands and tenements, of the
principal debtor; but for want of sufficient property of the
principal debtor to make the same, that he cause the same to be made
of the goods and chattels, lands and tenements, of the surety or
bail. In all cases, the property, both personal and real, of the
principal debtor, within the jurisdiction of the court, shall be
exhausted before any of the property of the surety or bail shall be
taken in execution.
R.L. 1910, § 5179.
Status: in_force · Read it on the official government site
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