25-2101 Action on bonds or insurance; by whom and how brought. - Nebraska Statutes

25-2101. Action on bonds or insurance; by whom and how brought.When an officer, executor, or administrator within this state, by misconduct or neglect of duty, forfeits his or her bond or commercial insurance policy or renders his or her sureties liable, any person injured thereby, or who is by law entitled to the benefit of the security, may bring an action thereon in his or her own name against the officer, executor, or administrator, and his or her sureties, to recover the amount to which he or she may be entitled by reason of the delinquency. The action may be instituted and proceeded in on a certified copy of the bond or commercial insurance policy, which copy shall be furnished by the person holding the original thereof. SourceR.S.1867, Code § 643, p. 507; R.S.1913, § 8216; C.S.1922, § 9169; C.S.1929, § 20-2101; R.S.1943, § 25-2101; Laws 2004, LB 884, § 13. AnnotationsSection refers to bond given under statutory authority only. Cushing v. Lickert, 79 Neb. 384, 112 N.W. 616 (1907).Any person entitled to benefit of bond may sue thereon in his own name. Barker v. Wheeler, 71 Neb. 740, 99 N.W. 548 (1904).That bond is joint instead of joint and several is no defense. Wilcox v. Perkins County, 70 Neb. 139, 97 N.W. 236 (1903).County is not a necessary party. Stewart v. Carter, 4 Neb. 564 (1876).