58-76-5. Liability and right of action on official bonds.
Every person injured by the neglect, misconduct, or misbehavior in office of any register, surveyor, sheriff, coroner, county treasurer, or other officer, may institute a suit or suits against said officer or any of them and their sureties upon their respective bonds for the due performance of their duties in office in the name of the State, without any assignment thereof; and no such bond shall become void upon the first recovery, or if judgment is given for the defendant, but may be put in suit and prosecuted from time to time until the whole penalty is recovered; and every such officer and the sureties on the officer's official bond shall be liable to the person injured for all acts done by said officer by virtue or under color of that officer's office. (1793, c. 384, s. 1, P.R.; 1825, c. 9, P.R.; 1833, c. 17; R.C., c. 78, s. 1; 1869-70, c. 169, s. 10; Code, s. 1883; Rev., s. 281; C.S., s. 354; 1973, c. 108, s. 59; 1997-14, s. 2; 2010-96, s. 29.)
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.