58-76-15. Summary remedy on official bond.
When a sheriff, coroner, county or town treasurer, or other officer, collects or receives any money by virtue or under color of his office, and on demand fails to pay the same to the person entitled to require the payment thereof, the person thereby aggrieved may move for judgment in the superior court against such officer and his sureties for any sum demanded; and the court shall try the same and render judgment at the session when the motion shall be made, but 10 days' notice in writing of the motion must have been previously given. (1819, c. 1002, P.R.; R.C., c. 78, s. 5; 1869-70, c. 169, s. 14; 1876-7, c. 41, s. 2; Code, s. 1889; Rev., s. 283; C.S., s. 356; 1973, c. 108, s. 60; 2017-158, s. 17.)
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.