Effective - 28 Aug 1939
522.300. Suit on bond — proceedings. — Every person furnishing material or performing labor, either as an individual or as a subcontractor for any contractor, with the state, or any county, city, town, township, school or road district, where bond shall be executed as provided in section 107.170, shall have the right to sue on such bond in the name of the state, county, city, town, township, school or road district, for his use and benefit, and in such suit the plaintiff shall file a copy of such bond, certified by the party or parties in whose charge such bond shall be, which copy shall, unless execution thereof be denied under oath, be prima facie evidence of the execution and delivery of the original; provided, however, this section and section 107.170 shall not be taken to in any way make the state, county, city, town, township, school or road district liable to such subcontractor, materialman or laborer to any greater extent than it was liable under the law as it stood before the adoption originally of said sections.
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(RSMo 1939 § 3278)
Prior revisions: 1929 § 2891; 1919 § 1041; 1909 § 1248
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 522 - Actions on Bonds
Section 522.010 - Persons injured may proceed against principals or sureties, how.
Section 522.020 - Suits on official bonds — in whose name to be brought.
Section 522.030 - Pleadings and proceedings.
Section 522.040 - When judgment operates as a bar.
Section 522.050 - Any party aggrieved may sue.
Section 522.060 - When parties may again prosecute.
Section 522.070 - No scire facias shall issue.
Section 522.080 - Action to use of party a private action.
Section 522.090 - Suit not barred, when.
Section 522.100 - When defendant discharged from further liability.
Section 522.110 - Proceedings in estimating surety's liability.
Section 522.120 - Judgment, how satisfied.
Section 522.130 - When proceeds distributed pro rata.
Section 522.140 - Proceeds, how distributed.
Section 522.160 - Actions on penal bonds.
Section 522.170 - What defendant may plead.
Section 522.180 - Tender of amount in court — discontinuance of action.
Section 522.190 - Judgment, how rendered.
Section 522.200 - Bonds with collateral condition — action on, assignment of breaches.
Section 522.210 - Jury to assess damages.
Section 522.220 - Inquiry of damages.
Section 522.230 - Verdict and judgment.
Section 522.240 - Execution, form of.
Section 522.250 - Judgment to remain as security for other breaches.
Section 522.260 - Scire facias to issue, when.
Section 522.270 - Proceedings to obtain damages upon scire facias.
Section 522.280 - Effect of execution in proceeding by scire facias.