58-76-10. Complaint must show party in interest; election to sue officer individually.
Any person who brings suit in manner aforesaid shall state in his complaint on whose relation and in whose behalf the suit is brought, and he shall be entitled to receive to his own use the money recovered; but nothing herein contained shall prevent such person from bringing at his election an action against the officer to recover special damages for his injury. (1793, c. 384, ss. 2, 3, P.R.; R.C., c. 78, s. 2; 1869-70, c. 169, s. 11; Code, s. 1884; Rev., s. 282; C.S., s. 355.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 76 - Actions on Bonds.
§ 58-76-1 - Bonds in actions payable to court officer may be sued on in name of State.
§ 58-76-5 - Liability and right of action on official bonds.
§ 58-76-10 - Complaint must show party in interest; election to sue officer individually.
§ 58-76-15 - Summary remedy on official bond.
§ 58-76-20 - Officer unlawfully detaining money liable for damages.
§ 58-76-25 - Evidence against principal admissible against sureties.
§ 58-76-30 - Officer liable for negligence in collecting debt.