Section 433.130 – Surety discharged from future liability, when, how.
Effective – 28 Aug 1983 433.130. Surety discharged from future liability, when, how. — Any person bound as surety in any bond given by any officer, including personal representatives, guardians, conservators, assignees, receivers, trustees and depositaries to secure the faithful performance of the duties of such officer, may, on his petition in writing addressed to […]
Section 433.140 – Petition — contents.
Effective – 28 Aug 1939 433.140. Petition — contents. — The petition shall set forth the facts upon which the application for a discharge is founded, and shall be verified by the affidavit of the petitioner thereto annexed. ——– (RSMo 1939 § 3331) Prior revisions: 1929 § 2944; 1919 § 12700; 1909 § 11282
Section 433.150 – Notice of application.
Effective – 28 Aug 1939 433.150. Notice of application. — A notice in writing of such intended application, together with a copy of the petition, shall be personally served on the principal in the bond, at least fifteen days before the making of the application. ——– (RSMo 1939 § 3332) Prior revisions: 1929 § 2945; […]
Section 433.160 – Notice by publication.
Effective – 28 Aug 1939 433.160. Notice by publication. — If the principal in the bond shall be absent from the state for the period of six months, the publication of the notice and petition in some newspaper printed in this state, for four weeks successively, shall be sufficient service of the notice. ——– (RSMo […]
Section 433.170 – Duties of the court.
Effective – 28 Aug 1939 433.170. Duties of the court. — The court to whom the petition is addressed shall hear the application, and may, on examination thereof, in its discretion, make an order requiring the principal in such bond to give a new bond, with sureties for the performance of his official duties. ——– […]
Section 433.180 – New bond, how taken.
Effective – 28 Aug 1939 433.180. New bond, how taken. — If such bond be given, it shall be taken, approved and filed in the same manner that the official bond of such officer is required by law, for the time being, to be taken, approved and filed. ——– (RSMo 1939 § 3335) Prior revisions: […]
Section 433.190 – Effect on new bond.
Effective – 28 Aug 1939 433.190. Effect on new bond. — When such new bond is taken, approved and filed, it shall immediately operate as a discharge of all the sureties in the former bond from all liability arising from any subsequent misconduct or default of the principal therein, and such sureties shall thenceforth be […]
Section 433.200 – Failure to give new bond, proceedings.
Effective – 28 Aug 1939 433.200. Failure to give new bond, proceedings. — If such principal shall neglect or refuse to give such new bond, with sureties, within sixty days after making such order, his office, trust, power and authority shall thenceforth be vacated, cease and determine; and the court making such order, or having […]
Section 433.210 – Remedy of surety.
Effective – 28 Aug 1939 433.210. Remedy of surety. — Any person bound as surety in any bond given by any officer to secure the faithful performance of his duties, who shall pay any money which he shall have been liable to pay by reason of such bond, shall have the same right and remedy […]
Section 433.220 – Remedies against executors and administrators, when.
Effective – 28 Aug 1939 433.220. Remedies against executors and administrators, when. — The remedies given by this chapter may be maintained by and against executors and administrators, in all cases where they could be maintained by or against their testators or intestates, if they were living. ——– (RSMo 1939 § 3339) Prior revisions: 1929 […]