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This entry was published on 2014-09-22
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SECTION 780
Sheriff liable for taking insufficient sureties
Judiciary (JUD) CHAPTER 30, ARTICLE 19
§ 780. Sheriff liable for taking insufficient sureties. After the
return of an execution, issued upon a judgment, rendered in an action
upon the undertaking, an action, to recover the amount of the judgment,
may be maintained against the sheriff, where it appears that, at the
time when the undertaking was given, the sureties were insufficient, and
the sheriff had reasonable grounds to doubt their sufficiency. Such an
action may be maintained by the plaintiff, in whose favor the judgment
was recovered. If the people were plaintiffs, the action must be
prosecuted by the attorney-general or the district attorney; and any
money collected therein must be disposed of, as prescribed in the last
section.