2-9-527. Suit on bonds. (1) An official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties to and for the state and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of the officer in the officer's official capacity. A person injured or aggrieved may bring suit on the bond in the person's own name.
(2) A bond is not void on the first recovery of a judgment on the bond. Suit may be brought from time to time and judgment recovered on the bond by the state or by any person to whom a right of action has accrued against the officer and the sureties until the whole penalty of the bond is exhausted.
History: (1)En. Sec. 1064, Pol. C. 1895; re-en. Sec. 391, Rev. C. 1907; re-en. Sec. 482, R.C.M. 1921; Cal. Pol. C. Sec. 961; re-en. Sec. 482, R.C.M. 1935; Sec. 6-313, R.C.M. 1947; (2)En. Sec. 1065, Pol. C. 1895; re-en. Sec. 392, Rev. C. 1907; re-en. Sec. 483, R.C.M. 1921; Cal. Pol. C. Sec. 962; re-en. Sec. 483, R.C.M. 1935; Sec. 6-314, R.C.M. 1947; R.C.M. 1947, 6-313, 6-314; amd. Sec. 69, Ch. 61, L. 2007.
Structure Montana Code Annotated
Title 2. Government Structure and Administration
Chapter 9. Liability Exposure and Insurance Coverage
Part 5. General Provisions Related to Official Bonds
2-9-501. Application -- bonds excepted
2-9-504. Conditions, form, and signatures
2-9-505. Bonds of receivers, assignees -- payable to state
2-9-506. Approval, filing, record, and custody
2-9-507. Sureties' qualifications
2-9-508. through 2-9-510 reserved
2-9-511. Extent of sureties' liability -- when less than full
2-9-512. Defects not to affect liability
2-9-513. Insufficiency of sureties -- action to vacate office
2-9-515. Additional security -- liability of officers and sureties
2-9-517. Contribution between sureties
2-9-518. through 2-9-520 reserved
2-9-521. Discharge of sureties
2-9-523. Proceedings to obtain release
2-9-524. Amount of new bond -- failure to file
2-9-525. Liability of sureties when new bond is given
2-9-526. Effect of discharge of sureties
2-9-528. Lien on real estate of surety -- action to compel specific performance