Yerushalmi Bava Batra 10:8 ירושלמי בבא בתרא י׳:ח׳

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor⁹⁷The guarantor may be asked to pay only if the debtor was asked first and is unable or unwilling to pay. (In all three forms of law practices in Roman Egypt, the creditor always had the choice of first suing the surety.). If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor⁹⁸In his opinion, the creditor must first foreclose on the real estate before going to the guarantor..

HALAKHAH: “Somebody who gives a loan to another person with a guarantor,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: If the debtor has real estate. But if the debtor has no real estate, he may request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may request payment from the guarantor⁹⁹The Babli, 173b, disagrees, also in the name of Rebbi Joḥanan, requiring the creditor under any circumstances first to foreclose the debtor’s real estate, except if the debt had been assumed by another person..

There¹⁰⁰In Babylonia (Babli 174a in the name of R. Joḥanan.), they instruct that practice everywhere follows Rabban Simeon ben Gamliel except for the guarantor¹⁰¹The Mishnah here, Bava batra10:14., Sidon¹⁰²Mishnah Giṭṭin 5:5., and the last proof¹⁰³Mishnah Sanhedrin 3:13 (in most Mishnah editions, the last statement of Rabban Simeon in Mishnah 3:8 dealing with the right of the parties to submit proof to the court out of order.). They say, only in the Mishnah¹⁰⁴But not in the baraitot. The Babli agrees, loc. cit.. Rebbi Immi bar Qorḥa in the name of Rav: Why did they say, practice everywhere follows Rabban Simeon ben Gamliel? For he pronounced specific practices decided by his court¹⁰⁵His pronuncements have the status of precedents decided by the Supreme Court..