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 565:8 – Plaintiff.
565:8 Plaintiff. – In such suit the defendant shall be called to answer to the "judge of probate for the county of … ," without mentioning the name of the judge. No suit on a bond shall be abated or discontinued by any vacancy or change in the office of judge. Source. RS 169:6. […]
Section 565:9 – Forfeiture.
565:9 Forfeiture. – When it shall appear, upon confession, verdict, demurrer or in any other way, that the penalty of the bond is forfeited judgment shall be rendered against the defendant for such penalty; and such judgment shall be security for all parties interested. Source. RS 169:7. CS 179:7. GS 187:7. GL 206:7. PS […]
Section 565:10 – Judgment.
565:10 Judgment. – Upon a hearing in chancery on such forfeiture, the court shall examine and ascertain the claims of the parties whose names are indorsed on the writ; and judgment shall be rendered for such parties respectively for the amount so ascertained, "that the judge of probate for the county of __________ now […]
Section 565:11 – Executions.
565:11 Executions. – The party for whose use such judgment shall be rendered may sue out execution thereon, and shall be taken to be the creditor. If the execution is levied on real estate the same shall vest in such party as it would do if he were the nominal as well as the […]
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. […]