Section 38-2-106 – Bonds of State, County and Municipal Officers; Release of Sureties.
38-2-106. Bonds of state, county and municipal officers; release of sureties. Any surety upon the bond of any state, county or municipal officer shall be released from further liability of such surety for such officer, by filing with the person or persons having authority to approve said bond, or with whom said bond is directed […]
Section 38-2-107 – Bonds of Fiduciaries; Payment of Premium Includable as Expense of Trust.
38-2-107. Bonds of fiduciaries; payment of premium includable as expense of trust. Any receiver, assignee, guardian, trustee, committee, executor, administrator or curator or other fiduciary required by law or the order of any court or judge to give a bond or other obligation as such, may include as a part of the lawful expense of […]
Section 38-1-108 – Action for Indemnity Before Debt Due.
38-1-108. 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 for arrest, or […]
Section 38-1-109 – Action for Indemnity Before Debt Due; Obtaining Provisional Remedies.
38-1-109. 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.
Section 38-2-101 – Bonds of Officers Having Custody of Money; of Whom Required; Conditions.
38-2-101. Bonds of officers having custody of money; of whom required; conditions. The state treasurer and the treasurer of each county, city, town, school district, irrigation district, drainage district, and any other public officer having the custody of moneys, shall be required to furnish a bond in the amount required by law, which bond shall […]
Section 38-1-103 – Requiring Suit by Creditor; What Bonds Not Affected.
38-1-103. Requiring suit by creditor; what bonds not affected. 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 undertaking required by law to be given in an […]
Section 38-1-104 – Rights on Paying Judgment.
38-1-104. 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 plaintiff had at the time of […]
Section 38-1-105 – Application for Release by Surety of School District Treasurer.
38-1-105. 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 notice in writing, that he is […]
Section 38-1-106 – Application for Release by Surety of School District Treasurer; Action of Commissioners.
38-1-106. 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 bond, conditioned according to law and to the satisfaction of […]
Section 38-1-107 – Compelling Principal to Pay Debt.
38-1-107. 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.