Section 17-49-211 - Suits against merchant and surety

Any person having a cause of action against the itinerant merchant arising out of the matters described in § 17-49-210(a)(1) and (2):(1) May join the itinerant merchant and the surety on his or her bond in the same action; or(2) May sue the surety without joining the itinerant merchant in the action if the itinerant merchant is deceased or if it is impossible to obtain jurisdiction of his or her person within the state where the cause of action arose.Acts 1941, No. 138, § 6; A.S.A. 1947, § 84-2406.