US Lawyer Database

§ 49-28. Confession of judgment by surety or failure to notify principal to defend

If any such surety, other than bail, or his committee, heir or personal representative, confess judgment, or suffer judgment to go against him by default, without giving notice to his principal, if he be a resident of the Commonwealth, or his committee or personal representative, to defend the suit, and after such principal offers to […]

§ 49-29. Failure of principal to offer to defend suit against surety

In all cases in which any principal debtor, or his committee, representative or heirs, knowing of the pendency of any suit against his surety, or the committee, heir or personal representative of such surety, shall not offer to defend such suit, he shall be precluded from making any defense to the claim of the surety […]

§ 49-25. Surety may require creditor to sue

The surety, guarantor or endorser, or his committee or personal representative, of any person bound by any contract may, if a right of action has accrued thereon, require the creditor or his committee or personal representative, by notice in writing, to institute suit thereon, and if he be bound in a bond with a condition, […]

§ 49-26. Effect of failure of creditor to sue

If such creditor, or his committee or personal representative, shall not, within thirty days after such requirement, institute suit against every party to such contract who is resident in this Commonwealth and not insolvent and prosecute the same with due diligence to judgment and by execution, he shall forfeit his right to demand of such […]

§ 49-27. Surety’s remedy against principal for money paid

If any person liable as bail, surety, guarantor or endorser, or any sheriff liable for not taking sufficient bail, or the committee, heir or personal representative of any so liable, pay, in whole or in part, such note, bond or other demand, or any judgment, decree or execution rendered or awarded on account of such […]

§ 49-24. Failure of officer to give new bond

If any such officer, commissioner or receiver, being so required, shall fail to give a new bond, as provided in § 49-22, within the time required by the court, he shall be deemed to be guilty of a breach of duty, and shall be forthwith removed from his office or trust. Code 1919, § 5773.

§ 49-23. Surety on bond given under decree of court for payment of money

A surety, or his committee, or personal representative, in a bond, other than the bond of a commissioner or receiver, given under a decree or order of a court for the payment of money, if no suit be pending for the recovery thereof, may file his petition in the court which rendered or made the […]

§ 49-19. Remedy on bonds

Suits, or motions as provided by § 8.01-227, may be prosecuted from time to time upon any bond mentioned in §§ 49-12 and 49-13, in the name of the Commonwealth, for the benefit of the Commonwealth, a county or any persons injured by any breach of the condition of such bond, as often as any […]

§ 49-20. How bonds given in civil suits made payable

Any bond required by law to be given upon an injunction, appeal, writ of error, supersedeas or other proceeding in a civil suit may be payable to the party entitled to the benefit thereof, notwithstanding anything contained in § 49-12. Code 1919, § 287.

§ 49-21. Failure to give bond

If any officer or person mentioned in § 49-12 shall act in his office, post or trust before giving such bonds as are required by law, he shall forfeit not less than $100 nor more than $1,000. Code 1919, § 288.