Title 16 — Practice, Procedure, And Courts

If it appears that the name of any person has been signed to any bond or other obligation as surety thereon without his or her consent, or that the name of any person which has been at any time properly signed as surety to any bond or obligation has been erased or withdrawn there…

(a) It shall not be a defense in favor of any surety on any bond or obligation that he or she became surety thereon on the condition that the principal obligor should procure the cosuretyship of other persons before the instrument should be delivered. This shall be the case wheth…

(a) The provisions of this subchapter in relation to suits on official bonds shall apply as well to suits on bonds of administrators, executors, guardians, and others required by law to give bond, with condition for the performance of any duty or trust, as to suits on bonds of of…

(a) In all actions brought upon bonds to which there is a condition or defeasance annexed by which the bond is to become void on the payment of a less sum, the plaintiff shall set out the condition in his or her complaint and may assign as many breaches as he or she may think pro…

(a) When an action shall be prosecuted in any court of law, upon any bond for the breach of any condition other than for payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff in his or her complaint s…

(a) Whenever further breaches shall occur, the plaintiff or his of her personal representative may have a scire facias upon the judgment, suggesting the breaches against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why an execut…

(a) In all cases where by the laws of this state, any person is authorized to prosecute a suit to his or her own use on any official bond, he or she shall sue in the name of the state or other obligee named in the bond, stating in the process, pleadings, proceedings, and record i…

(a) Any person who may have recovered any judgment upon an official bond may, in like manner, again prosecute an action on the bond whenever he or she may be aggrieved by any default or delinquency, other than such as shall have been the subject of a former suit, and shall procee…

(a) No suit shall be barred nor shall the amount which the plaintiff shall be entitled to recover be affected by any plea made by any surety in the bond of a former judgment recovered thereon unless it is accompanied by an allegation that the sureties, or some of them, have been …

(a) Whenever a judgment shall be obtained on any official bond, against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his or her attorney, to levy the amount, in the first place, on the property of the principal and, if sufficient pro…

A surety may maintain an action against his or her principal to compel the principal to discharge the debt or liability for which the surety is bound after the debt or liability has become due.

(a) A surety may maintain an action against his or her principal to obtain indemnity against the debt or liability for which the surety is bound, before it is due, whenever any of the grounds exist upon which, by the provisions of §§ 16-109-102 [repealed], 16-110-101, 16-110-104,…

(a) When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the se…

(a) When there are two (2) or more securities in the bond, bill, or note and any of them shall pay in money or property, more than his or her due proportion of the original demand, the security may recover the excess in the same form of action as provided in this subchapter for a…

(a) In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be en…

Actions for the remedies given by this section and §§ 16-107-303 — 16-107-305, 21-2-111, and 21-2-112, may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates.