Title 38 — Title 38 — Sureties
3 chapters · 22 sections in this title.
W.S. § 38-1-101 Requiring suit by creditor
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Requiring suit by creditor. A person bound as surety in a written instrument for the payment of money, or other valuable thing, may, if right of action accrues thereon, require his creditor by a notice in writing, to commence an action on such instrument forthwith, against the pr…
W.S. § 38-1-102 Requiring suit by creditor; requisition by personal representative of surety
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Requiring suit by creditor; requisition by personal representative of surety. The executor or administrator of a surety so bound may, in like manner, make such requisition of the creditor, or his executor or administrator, as provided in the preceding section; and in case of fail…
W.S. § 38-1-103 affected
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affected. Requiring suit by creditor; what bonds not Nothing in the last two (2) sections contained shall be so construed as to affect bonds required by law to be given by guardians, executors, administrators, trustees of an express trust, public officers, or any bond or undertak…
W.S. § 38-1-104 Rights on paying judgment
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Rights on paying judgment. When the surety on a judgment, who is certified therein to be such, or his personal representative pays the judgment, or any part thereof, he shall, to the extent of such payment, have all the rights and remedies against the principal debtor that the pl…
W.S. § 38-1-105 Application for release by surety of school district treasurer
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Application for release by surety of school district treasurer. A surety of the treasurer of school funds in any school district, organized under the provisions of law, may at any time notify the board of county commissioners of the proper county, by giving at least five (5) days…
W.S. § 38-1-106 Application for release by surety of school district treasurer; action of commissioners
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Application for release by surety of school district treasurer; action of commissioners. The board of county commissioners, upon such notice being given, shall hear the application, and if in their opinion there is good reason therefor, shall require the treasurer to give a new b…
W.S. § 38-1-107 Compelling principal to pay debt
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Compelling principal to pay debt. A surety may maintain an action against his principal to compel him to discharge the debt or liability, for which the surety is bound, after the same becomes due.
W.S. § 38-1-108 Action for indemnity before debt due
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Action for indemnity before debt due. A surety may maintain an action against his principal to obtain indemnity against the debt or liability for which he is bound before it is due whenever any of the grounds exist upon which, by the provisions of this act, an order may be made f…
W.S. § 38-1-109 Action for indemnity before debt due; obtaining provisional remedies
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Action for indemnity before debt due; obtaining provisional remedies. In such action the surety may obtain any of the provisional remedies mentioned in division six of this act, upon the grounds and in the manner therein provided.