§ 5241. Bonds chancered; assessment of damages In actions brought to recover the forfeiture annexed to any articles of agreement, covenant, bond, bond of recognizance, with condition thereto annexed, contract, charter-party, or other specialty given or taken in a civil matter, when the forfeiture, breach, or nonperformance appears by the trial of an issue of […]
§ 5242. Damages assessed on breaches assigned In actions on bond or for a penal sum for the nonperformance of covenants or agreements contained in a condition, indenture, deed, or writing, the plaintiff may assign as many breaches as he or she chooses. Damages shall be assessed for such breaches as he or she proves […]
§ 5243. Damages in case of default When in an action designated in section 5242 of this title there is judgment for the plaintiff on a motion to dismiss or for summary judgment, default, or confession, the plaintiff may recover for as many breaches as he or she has pleaded the truth whereof shall be […]
§ 5244. Action on judgment for other breaches The judgment shall remain as a security to the plaintiff or his or her representatives for any other breaches which he or she afterward proves. From time to time he or she may bring an action on the judgment against the defendant or his or her representatives […]
§ 5245. Action on judgment in Supreme Court When in an action designated in section 5242 of this title judgment is rendered for the penalty in the Supreme Court, the action may be brought in the Superior Court in the same county in which the original judgment was rendered. (Amended 1971, No. 185 (Adj. Sess.), […]
§ 5246. Bond of sheriff and high bailiff—action by a creditor after execution returned unsatisfied When judgment is rendered against a sheriff or high bailiff for official misconduct, neglect, or default and execution on the judgment is returned unsatisfied or the defendant is committed to jail thereon, the creditor in the execution may bring an […]
§ 5247. Judgment Unless cause is shown to the contrary on the trial of the action, the court shall render judgment against the sheriff or high bailiff and his or her sureties, in favor of the creditor, for the amount of the execution and charges thereon with interest and costs. (Amended 1971, No. 185 (Adj. […]
§ 5248. Defense by defendant and sureties The defendant in the action may make any defense that he or she could have made, had an action of contract been brought on the recognizance or bond. When the original judgment against the sheriff or high bailiff was rendered by default and the creditor brings an action […]
§ 5249. When the principal has removed from the State When a person liable as sheriff or high bailiff for official misconduct, neglect, or default has removed from the State leaving no known attachable property therein, so that service of process cannot be made upon him or her, an action founded in contract may be […]
