Art. 3069.  Necessity for judgment against legal surety

No judgment shall be rendered against a legal surety unless the creditor obtains judgment against the principal obligor fixing the amount of the latter's liability to the creditor or unless the amount of that liability has otherwise been fixed.  The creditor may join the surety and principal obligor in the same action.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.