Section 8-3-12

When surety not to confess judgment.

No surety, when sued, can confess judgment or suffer judgment to pass by default if the principal debtor, on being notified of the pending action, is willing to defend the action at his own cost and give good and sufficient collateral security to the surety, to be approved by the court.

(Code 1852, §2646; Code 1867, §3073; Code 1876, §3413; Code 1886, §3152; Code 1896, §3883; Code 1907, §5395; Code 1923, §9554; Code 1940, T. 9, §88.)