Section 565:14 – Scire Facias.
565:14 Scire Facias. – After judgment for the penalty of such bond any person interested, upon giving bond to the judge, with sufficient sureties, for the payment of such costs as may be adjudged against him, may sue out a scire facias on such judgment, to show cause why execution should not be awarded […]
Section 565:15 – Procedure.
565:15 Procedure. – On such scire facias the claim of such person shall be examined, and judgment rendered and execution therefor awarded in manner aforesaid; and he shall be taken to be the creditor as aforesaid. Source. RS 169:13. CS 179:13. GS 187:13. GL 206:13. PS 199:13. PL 310:15. RL 364:15.
Section 565:16 – Obligors Not Sued.
565:16 Obligors Not Sued. – No suit or judgment on such bond shall operate as an abatement or bar to any suit thereon against any obligor, against whom no suit has previously been commenced or judgment rendered. Source. RS 169:14. CS 179:14. GS 187:14. GL 206:14. PS 199:14. PL 310:16. RL 364:16.
Section 565:17 – Effect of Judgment.
565:17 Effect of Judgment. – A judgment in favor of the obligors shall in no case operate as a bar to any suit on such bond for the benefit of a different claimant, or of the same claimant for a different claim. Source. RS 169:15. CS 179:15. GS 187:15. PS 199:15. PL 310:17. RL […]
Section 565:18 – Costs.
565:18 Costs. – Execution may be awarded, for costs adjudged to the defendants in any such suit, against the parties for whose benefit the suit was brought or maintained; or the defendants may have their remedy on the bonds taken in the probate office. Source. RS 169:16. CS 179:16. GS 187:16. GL 206:16. PS […]
Section 565:12 – Order of Priority.
565:12 Order of Priority. – If there be more than one party for whose use such executions may be awarded, the order of priority in the attachment shall be as designated in the indorsement on the original writ; and if there be no such designation, in the order in which the names are indorsed. […]
Section 565:13 – Later Indorsers.
565:13 Later Indorsers. – During the pendency of such suit the court, on motion, may order the name of any person interested to be indorsed on the original writ in manner aforesaid, and he shall thereupon be entitled to the same rights as if his name had been so indorsed before the service of […]
Section 565:4 – On Application of Principal.
565:4 On Application of Principal. – A judge, on application of the principal to a bond, may permit a new bond to be filed, and, after due notice, may, in his discretion, discharge the sureties to the original bond from all further responsibility thereon. Source. 1909, 37:1. PL 310:4. RL 364:4.
Section 565:5 – On Application of Surety.
565:5 On Application of Surety. – The judge, on application of a surety, may require a new bond to be filed, and, after due notice, may, in his discretion, discharge such surety from all further responsibility upon the bond. Source. RS 169:3. CS 179:3. GS 187:3. GL 206:3. PS 199:3. PL 310:5. RL 364:5.
Section 565:6 – Order for Suit.
565:6 Order for Suit. – Any person interested in a bond given to a judge may apply to the judge for an order for suit thereof, setting forth the claim intended to be recovered in such suit; and the judge may make the order, upon the applicant giving bond, with sufficient sureties, to pay […]