Arkansas Code § 16-107-205 - Official Bonds Generally

(a) In all cases where by the laws of this state, any person is authorized to prosecute a suit to his or her own use on any official bond, he shall sue in the name of the state or other obligee named in the bond, stating in the process, pleadings, proceedings, and record in the action, that the suit is brought for the use of the person suing.

(b) In the actions, the same pleadings and proceedings shall be had as before provided in cases of suits upon bonds with conditions other than for the payment of money, except as otherwise provided in this subchapter.

(c) A judgment for the defendant in the action shall be a bar to any other suit that may be brought on the same official bond for the use of the same person for any delinquency or default which was assigned as a breach of the condition of the bond in the action in which the judgment was rendered.

(d) Any other party aggrieved may in like manner prosecute an action on an official bond, and the pendency of any suit for the use of any other person on the same bond, or a judgment recovered by or against any other person on the bond, shall not abate or in any manner affect the suit or the proceedings therein, except as otherwise provided in this subchapter.

(e) Every suit brought on an official bond to the use of the party aggrieved and every judgment thereon shall be deemed the private suit and judgment of the relator, in the same manner as if he or she were the nominal plaintiff, and the relator shall be liable for costs as other plaintiffs.

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Last modified: November 15, 2016