25 Iowa 210 | Iowa | 1868
This case involves the construction of the following sections of the Bevision:
“Seo. 1820. If the creditor refuse to bring suit, or neglect so to do for ten days after the request, and does not permit the surety so to do and furnish him with a true copy of the contract, or other writing therefor, and enable him to have the use of the original when requisite in such suit, the surety shall be discharged.”
When the surety, under these provisions, requires the creditor to sue., or asks permission to bring the suit himself, nothing more is required of him, and the creditor
We are of the opinion, therefore, that the judgment of the District Court is erroneous, and it is therefore
Keversed.