Title XXXVI, STATUTORY ACTIONS AND TORTS

522.050. Any party aggrieved may sue. — Any other party aggrieved may, in like manner, prosecute an action on such official bond, and the pendency of any suit, at the relation of any other person on such bond, or a judgment recovered by or against any other person on such bond, s…

522.060. When parties may again prosecute. — Any person who may have recovered any judgment upon such official bond may, in like manner, again prosecute an action on such bond, whenever he is aggrieved by any default or delinquency other than such as shall have been the subject o…

522.070. No scire facias shall issue. — No scire facias shall be brought upon any judgment rendered upon such official bond, by the same or any other relator, for any breach of the condition of the bond. ­­-------- (RSMo 1939 § 3248) Prior revisions: 1929 § 2860; 1919 § 1010; 190…

522.080. Action to use of party a private action. — Every suit brought upon such official bond, to the use of the party aggrieved, and every judgment thereon, shall be deemed the private suit and judgment of the relator, in the same manner, in every respect, as if he were the nom…

522.090. Suit not barred, when. — No such suit shall be barred nor shall the amount which the plaintiff may be entitled to recover be affected, by any answer made by any surety in such bond, of a judgment recovered thereon, unless it be accompanied by an allegation that the suret…

522.100. When defendant discharged from further liability. — If it appear that the amount of damages so recovered, which a surety has been or will be obliged to pay, as specified in section 522.090, is equal to the amount for which such defendant shall be liable by virtue of the …

522.110. Proceedings in estimating surety's liability. — If it shall appear that the damages so recovered, and which such surety has been or will be obliged to pay, is not equal to the amount of his liability, the amount thereof shall be allowed him in estimating the extent of hi…

522.120. Judgment, how satisfied. — Whenever a judgment shall be obtained on an official bond against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his attorney, to levy the amount, in the first place, on the property of the principal…

522.130. When proceeds distributed pro rata. — If several judgments be obtained at the same term upon any official bond for damages, amounting in the whole to more than the sum for which sureties therein are liable, the court shall order the money levied on such judgments from th…

522.140. Proceeds, how distributed. — If executions be issued upon such several judgments obtained at the same term, and sufficient money shall not be made to satisfy all the executions, the court shall distribute the money collected thereon to the relators, in proportion to thei…

522.150. Provisions of this chapter relating to official bonds shall apply to suits against executors and others. — The provisions of this chapter in relation to suits on official bonds shall apply as well to suits on bonds of personal representatives, guardians, conservators and…

522.160. Actions on penal bonds. — In all actions brought upon bonds in which there is a condition or defeasance, by which the same is to become void on the payment of a less sum, the plaintiff shall set out the condition in his petition, and may assign as many breaches as he may…

522.170. What defendant may plead. — The defendant in such action may plead payment of the principal sum and interest due by the condition of such bond, before the commencement of such action, although the payment was not strictly according to such condition. ­­-------- (RSMo 193…

522.180. Tender of amount in court — discontinuance of action. — Whenever any action shall be pending on such bond, the defendant may, at any time before judgment rendered in such action, pay to the plaintiff, or bring into court for the plaintiff's use, the principal sum and int…

522.190. Judgment, how rendered. — If judgment be rendered on any such bond, such judgment shall be rendered for the sum really due, according to such condition, with interest and costs, and execution shall issue thereon accordingly. ­­-------- (RSMo 1939 § 3266) Prior revisions:…

522.200. Bonds with collateral condition — action on, assignment of breaches. — When an action shall be prosecuted in any court upon any bond for the breach of any condition other than the payment of money, or shall be prosecuted for any penal sum for the nonperformance of any co…

522.210. Jury to assess damages. — Upon the trial of such action, if the jury find that any assignment of such breach is true, they shall assess the damages occasioned by the breach in addition to their finding on any other question of fact submitted to them. ­­-------- (RSMo 193…

522.220. Inquiry of damages. — If, in such action, the plaintiff shall obtain judgment upon motion to dismiss, by confession or default, the court shall make an order therein that the truth of the breach assigned be inquired into, and the damages sustained thereby be assessed at …

522.230. Verdict and judgment. — In every such action, if the plaintiff recover, the verdict assessing the damages shall be entered on the record, and judgment shall be rendered for the penalty of the bond, or for the penal sum forfeited, as in other actions, together with costs …

522.240. Execution, form of. — The execution on such judgment shall be in the usual form, reciting the recovery, and directing the sheriff to levy the amount of damages so assessed, which amount shall be stated, with interest thereon from the time of such assessment, and the cost…

522.250. Judgment to remain as security for other breaches. — The judgment rendered for the penalty of the bond sued on, or for the penal sum forfeited, shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of such bond…

522.260. Scire facias to issue, when. — Whenever such further breaches shall occur, the plaintiff, or his personal representative, may have a scire facias upon such judgment, suggesting such breaches against the defendant and all parties bound thereby, and commanding that they be…

522.270. Proceedings to obtain damages upon scire facias. — The like proceedings to ascertain such damages shall be had upon such writ as herein provided in the first instance; and if the plaintiff recover, judgment shall be rendered that the plaintiff have execution to collect t…

522.280. Effect of execution in proceeding by scire facias. — The execution issued on such judgment shall have the like effect and be proceeded on, in all things, as in the first instance; but the judgment shall remain as a security for further breaches, and so on, as often as oc…

522.290. Verdict of jury a bar, when. — Whenever, in any action brought according to the provisions of sections 522.160 to 522.290, the jury shall find that any assignment of breach is not true, the same shall be a bar to any other or further suit by scire facias, or otherwise, f…

522.300. Suit on bond — proceedings. — Every person furnishing material or performing labor, either as an individual or as a subcontractor for any contractor, with the state, or any county, city, town, township, school or road district, where bond shall be executed as provided in…