Section 10-7-42. Action for money paid, interest, and costs -- Effect of judgment against surety

   If the payment was made after judgment and the principal had notice of the pendency of the action against the surety, the amount of such judgment shall be conclusive against the principal as to the amount for which the surety was bound. If the payment was not made after judgment, the principal may dispute the validity of the payment as to the amount or as to the authority of the person to whom it was paid.

Orig. Code 1863, § 2140; Code 1868, § 2135; Code 1873, § 2162; Code 1882, § 2162; Civil Code 1895, § 2981; Civil Code 1910, § 3553; Code 1933, § 103-303.